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November 1964

"Human Experimentation"

Arch Otolaryngol. 1964;80(5):483-484. doi:10.1001/archotol.1964.00750040497002

In the Cleveland Clinic Quarterly for April, 1964, Dr. Carl Wasmuth1 discusses the use of new and experimental drugs on human patients. A similar problem may be proposed by a new surgical procedure. The Kansas Supreme Court recently stated that "Anglo-American law starts with the premise of thorough-going self-determination; each man is considered to be master of his own body and he may, if of sound mind, expressly prohibit the performance of life-saving surgery or other medical treatment, and while a doctor might well believe that an operation or form of treatment is desireable or necessary, the law does not permit him to substitute his own judgement for that of the patient by any artifice or deception."

Further clarification of the legal requirements for trying a new experimental drug or operation on a patient is found in American Jurisprudence which states that "although it is the duty of a

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