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69 Medico-Legal J. 1 (2001)

handle is hein.journals/medlgjr69 and id is 1 raw text is: 

Medico-Legal Journal (2001) Vol. 69 Part 1,1 3
D Medico-Legal Society 2001                                                                         1



Research Governance - Global or Local?


Martin A Mansell MD FRCP, Consultant Nephrologist, Middlesex Hospital


All the criminals in their coats and their ties
are free to drink Martinis and watch the sun rise...
Hurricane, Bob Dylan.

The conduct of medical research is now under
scrutiny to an unprecedented extent. There is tension
between the objectives of the industrialised Western
countries who initiate research programs and the
needs of the rest of the world where the research may
be carried out and who have a different set of health
problems. Closer to home the ethical questions are
being debated with increasing ferocity and possible
adverse effects on research participants have impli-
cations for the unlikely combination of NHS Trusts
and negligence lawyers alike. Add to this the current
occupation of the moral high ground by the propo-
nents of evidence-based medicine and there is a sure
recipe for ill informed comment, as exemplified by
this editorial.
  A recent conference has estimated that about £40
billion is spent annually on health research world-
wide although only a tiny proportion, perhaps 10%,
is directed against the most common diseases. In the
Western countries the health priorities are degenera-
tive disease and cancer, while in the Third World
infectious diseases such as tuberculosis and Aids
dominate the agenda. This contrast is distressing but
not surprising and may be taken as another example
of the unequal distribution of global resources. High-
technology research conducted in poor countries not
only has little relevance to their own health problems
but may also hinder the development of their own
research ethos and infrastructure.'
  There is a clear perception that the international
health agencies and pharmaceutical companies
which provide the funding pay relatively little atten-
tion to the health needs of the particular countries in
which development research takes place. It has been
suggested that the two sides should see each other as
equal partners in a joint endeavour and that this will
be facilitated by the development of local and
national ethics committees in the countries involved.2


This immediately raises the problem of how well
ethical standards based on particular religious, moral
and legal principles translate across national borders.
There is a very readable discussion of this particular
problem in a paper by two eminent and well
respected medical authorities concerning the use of
kidneys for transplantation that have been retrieved
from either paid living donors or executed criminals.'
Those of you who believe in absolute truth will find
it disquieting.
  The most recent revision of the Declaration of
Helsinki has reaffirmed the principle that interna-
tional research programs should not exploit poorer
countries at the expense of the industrialised coun-
tries who initiate, fund and administer the studies in
which they are interested.' One example would be
the assessment of new anti-retroviral therapies in the
African countries that have a heavy burden of HIV
infection and Aids. Is it ethical to assess the benefits
of a new drug by comparing it with a control group
of Aids patients who receive no therapy? What
happens to the study patients at the end of the trial
period when a new and effective drug is withdrawn
and cannot be continued because of lack of funding?
The new Declaration has given robust answers to
these and other points of issue, including the require-
ment that patient participation in medical research is
only acceptable if it is likely directly to benefit the
patient, rather than society as a whole. I have always
been baffled by this view which seems to be in
conflict with much of current clinical research and I
hope that one of our readers will explain it to me in
the correspondence section that the Journal has just
launched.
  Of course, medical research in general and drug
development in particular has a major financial angle
and it is estimated that the NHS receives about £150
million annually from this source. The UK share of
the global research market is declining due to a wide
variety of factors. These include poor recruitment to
clinical trials by busy clinicians, unreasonable delays
in approval caused by a multiplicity of research

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