Question

A general requirement for the informed consent form is that it may not include any exculpatory language. Exculpatory language is that which waives or appears to waive any of the subject's legal rights or releases or appears to release those conducting the research from liability for negligence. Which of the following statements in a consent form is an example of exculpatory language?
A. The investigator may stop you from participating in this research without your consent if you experience side effects that make your condition worse.
B. If you become ill during the research, you may have to drop out. I waive any possibility of compensation for injuries that I may receive as a result of participation in this research.
C. Your participation in this research is voluntary. If you choose not to participate, or change your mind later, your decision will not affect your relationship with your doctor or your right to health care or other services that you may be eligible for.
D. In the event of any injury you may have related to this research, you will be given medical treatment.

Answer 1

Answer:

The correct answers is letter B. If you become ill during the research, you may have to drop out. I waive any possibility of compensation for injuries that I may receive as a result of participation in this research.

Explanation:

Exculpatory language, in a contract, for example: frees one of the parties of something that may occur as a result of the agreement between both. For instance, in letter B, you can see that one of the parties releases her/himself for paying, economically talking, any ‘bad thing’ that could happen to the other party and she/he is obligated to leave the job, in that scenario. In the other options it only mentions one of the party’s responsibilities and its possible restrictions, but none of them mention what would the other party do or how the other party frees her/himself if something unexpected occurs to the other party.

Answer 2

Answer:B. If you become ill during the research, you may have to drop out. I waive any possibility of compensation for injuries that I may receive as a result of participation in this research.

Explanation: