Repeal "Freedom in Medical Research"

The General Assembly,

Realizing that Resolution 171, Freedom in Medical Research, says the following,

"Doctors, and other medical professionals that utilize controversial forms of treatment shall not be penalized by either the individual, post-procedure, or the government, unless fully informed consent was not acquired,"

Regretting that this provision prevents patients from suing physicians who have harmed them while providing “controversial forms of treatment” and that it further prevents governments from prosecuting or removing the medical licenses of physicians who act negligently while providing “controversial forms of treatment,” a phrase that the resolution never defines,

Believing that the patient, at least in some cases (which should be determined by law), is entitled to compensation for any loss or injury that he suffers at the hands of a physician, even if that patient did provide informed consent to the procedure that harmed him,

Opining that consent to a controversial procedure is not necessarily consent to every potential loss or injury that might result therefrom,

Suggesting that physicians who perform “controversial forms of treatment” and want to avoid lawsuits require the persons whom they are treating to sign contracts waiving the right to sue (see Resolution 205, Freedom to Contract) instead of relying on this Assembly to protect them from their own negligence or incompetence when they harm their patients,

Concerned that the provision quoted above unduly might restrict the authority of governments to regulate or to ban unproven medical procedures that are performed by charlatans and that are likely to cause severe harm or significant financial loss to patients and their families,

Noting that Resolution 171, Freedom in Medical Research, also says the following,

"Medicinal drugs, and other such substances shall visibly print the side-effects, ingredients, and the company in which the substance was produced on the vessel in which it's sold in,"

Understanding that it is often impossible to fit an entire list of the ingredients and potential side effects of a drug on the label of the vessel and that it is more reasonable for the drug and its container to be accompanied by a separate pamphlet or booklet that contains a full list of ingredients and potential side effects in a font size that is large enough to read,

Worried, therefore, that the requirement that all side effects and ingredients be printed on the vessel is unreasonable,

Holding the position that Resolution 171, Freedom in Medical Research, is flawed for the aforementioned reasons,

Clarifying that the passage of this repeal does not prevent member states from enacting and enforcing their own laws to provide legal protection or immunity to physicians who offer and provide controversial or experimental forms of medical treatment,

Repeals Resolution 171, Freedom in Medical Research, thus rendering it null and void.

More info here: NationStates • View topic - [PASSED] Repeal "Freedom in Medical Research"

This resolution is now up for vote.

Bai Lung will vote AGAINST.

Repeal “Freedom in Medical Research” was passed 8,777 votes to 2,728.