Learning from the Mistakes of the Past: Disclosure of Financial Conflicts of Interest and Genetic Research

“Every human being of adult years and sound mind has a right to determine what shall be done with his own body . . . .” From Benjamin Cardozo’s early expression of the principle of patient autonomy emerged the doctrine of informed consent, defined by both contract and fiduciary laws and elaborated upon by courts, state and federal legislatures, and professional associations. Later, as the world sought to reassemble itself following the horrors of World War II, the promulgation of the Nuremberg Code established an international standard for the treatment of human research subjects. The experiences of the Nazi atrocities, together with America’s own unfortunate history in human experimentation, provided informal precedent for the courts in their interpretation of informed consent requirements.