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Type: Journal article
Title: Would we be right to try "Right to try?"
Author: Miola, J.
Richards, B.
Citation: Health matrix (Cleveland, Ohio : 1991), 2021; 31:107-132
Publisher: Case Western Reserve University Schoolof Law
Issue Date: 2021
ISSN: 0748-383X
Statement of
José Miola & Bernadette J. Richards
Abstract: In both the United Kingdom and United States of America legislation has been proposed or enacted which claims to provide patients with a 'right' of access to experimental drugs and treatments where there is no other hope. In this paper we will explore this narrative and consider the steps taken in the United States to shift to a more rights driven legal framework. The paper will critically assess the United States model and the similarly framed 'Saatchi' model in the United Kingdom; demonstrating that, despite the rights-based narrative, these laws do not represent a significant change in access to treatment for patients. Rather, the reality is that this 'right to try' paradigm represents a patient advocate narrative that is deeply flawed. It fails to implement any meaningful change, exposes vulnerable patients to risk of harm and, potentially, delays safe development of potentially life-saving treatment regimes.
Rights: This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Health Matrix: The Journal of Law- Medicine by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons.
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