Would we be right to try "Right to try?"
Date
2021
Authors
Miola, J.
Richards, B.
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Journal article
Citation
Health matrix (Cleveland, Ohio : 1991), 2021; 31:107-132
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José Miola & Bernadette J. Richards
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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.
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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.