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The Patient’s Expression of Will in Clinical Trials: Bioethical and Legal Aspects

Student: Gavrilova Anastasia

Supervisor: Alexander Panov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This thesis deals with the issues of patient’s expression of will in clinical trials. The main purpose of the work is to analyze the possibility for the expression of the will of patients in a clinical trial, to identify the main problems and shortcomings and to suggest ways to solve them. We can conclude that today patients have the opportunity to express their will exclusively within the framework of the informed consent process and play the role of a "data source" rather than acting as equal participants in the process. In this thesis special attention is paid to the analysis of the institute of informed consent. Voluntary informed consent is a necessary condition for conducting clinical trials, which requires the direct expression of the patient's will. The paper describes in detail the main requirements for the form of informed consent and the process of obtaining it. Using empirical analysis, it is analyzed whether these requirements are met in practice. The issue of financial remuneration in clinical trials as a way of distorting the patient's will is also considered.

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