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Posted on May 7th, 2014, by

The case of the Moore v. Board of Regents is a hallmark case that involves the conversion of patient’s cells, although this issue is not fully and adequately regulated by the state and federal law. At the same time, the defense of Moore is very important in terms of the protection of his basic rights, which were violated as his cell tissue was used in a scientific experiment without his consent, while he obtained no benefits from the new medicament that was developed due to the experiment involving his cell tissue. In this respect, the defense should be build on the premise that Moore preserved ownership over his cell tissue after the surgery and he had a particular interest in the further use of his cell tissue in the treatment of his condition, leukemia, while actions of the doctor, Golde, may be qualified as the professional negligence, as he failed to provide the patient with the detailed information on his experiments and scientific research and the use of the cell tissue of the patient.

First of all, it is important to place emphasis on the fact that the patient did retain the possession of his cell tissue even after the surgery. The patient was absolutely unaware how his cell tissue will be used after the surgery, although he did retain the possession of his cell tissue even after the surgery. In this regard, the plaintiff had special interest in his cell tissue for he could insist on its conversion for his further treatment of leukemia. His condition makes the treatment of the disease long-lasting and difficult. Therefore, the patient was interested in the use of his cell tissue to conduct more detailed analysis of the cell tissue to obtain information concerning his diagnosis and his possible further treatment. Moreover, advanced technologies and the overall progress of technology can have the potential of using cell tissue in the treatment of patients in leukemia. At any rate, some scientific studies suggest such an opportunity. Naturally, the patient was interested in the further use of his cell tissues for studies and application them in the new technology that could allow him to receive more effective treatment of his health problem. In such a way, the plaintiff had specific interest in the further use of his cell tissue that grants him with the possession right even after the surgery.

In addition, doctor Golde and Quan deceived the patient about the aftermath use of his cell tissue. What is meant here is the fact that Golde and Quan used the cell tissue of Moore to conduct their experiment. Eventually, they created a new medicament that brought them considerable profits, while the patient was absolutely unaware of the use of his cell tissue in such experiments that led to the creation of a new medicament. Therefore, Golde and Quan conducted their experiments without informing the patient that contradicts not only to the professional ethics but also legal norms. In fact, they used the plaintiff as the mere tool of their scientific experiments without even obtaining his consent to participate in the experiment.

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