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51 Cal. 3d 120 (1990)
Study notes for Moore v. Regents of the University of California: professor notes, cold call prep, exam angles, and memory aids.
Patients do not have property rights in excised tissues, but have a right to informed consent regarding their use.
In Moore v. Regents, the California Supreme Court addressed significant ethical and legal questions surrounding patient rights and informed consent. The court ruled that a patient does not have a property right in excised tissues, emphasizing that once cells or tissues are removed, they cease to be the individual's property. However, the court did affirm the critical aspect of informed consent, stating that physicians have a duty to disclose any financial interests related to the use of a patient's biological materials, thus shaping expectations around the patient-physician relationship.
This case is foundational in exploring the balance between biomedical research and patient autonomy. The ruling suggests that while patients retain some rights over the use of their biological materials, the nature of those rights does not equate to traditional property rights, which raises ongoing questions about transparency and ethical obligations in medical research settings. It is crucial for students to consider the implications of the court's decision regarding informed consent and how it may influence future medical practices and legislation.
Moore's Rule: Patients must know for certain, their parts can’t be made into profits without their consent.
| Case | Distinction |
|---|---|
| Washington v. Glucksberg | In Glucksberg, the Supreme Court emphasized fundamental liberty interests; in Moore, the focus was on patient rights concerning biological materials rather than personal autonomy directly. |
| Schloendorff v. Society of New York Hospital | Schloendorff addressed informed consent more broadly regarding surgery, while Moore specifically revolved around the use of tissues for research and disclosure of financial interests. |
| Hoffman v. Board of Education | Hoffman involved employment rights and due process, which is different from the medical ethics and property rights issues explored in Moore. |
Recognizing that patients do not own their excised tissues can facilitate essential medical research that leads to advancements in treatment and care.
Patients deserving property rights could promote stronger ethical standards in the handling of biological materials, encouraging transparency and respect for patient autonomy.
Moore v. Regents often appears on exams when discussing the intersection of medical ethics, property rights, and informed consent. Students should be prepared to analyze how the ruling affects the rights of patients regarding their biological materials and the responsibilities of medical practitioners.