The plaintiff was not well informed about the possible use of his cell tissue. Instead, he was conscious of the fact that he needed the surgery urgently. The doctor apparently used the condition of the patient to obtain his consent on the surgery in the result of which Golde eventually obtained the material for his scientific experiment, which he conducted in association with Quan, and this experiment involved the use of the plaintiff’s cell tissue.
At this point, it is important to stress that the plaintiff did not provide the written consent on the conversion of his cell tissue. Therefore, he was not aware of the conversion of his cell tissue and he did not agree to conversion of his cell tissue. Hence, actions of Golde were illegal in terms of obtaining the cell tissue of the patient without his consent. Taking into consideration the fact that the patient has special interest in his cell tissue, actions of Golde and Quan are illegal.
At the same time, actions of Golde and Quan may be offensive for the plaintiff, for instance, they may affect his religious beliefs. At this point, it is worth mentioning the fact that many people oppose to the use of cell tissues in scientific studies. For instance, today, the use of stem cells in scientific experiments is subject to severe criticism because such experiments are offensive for religious beliefs and values of people. In this regard, experiments conducted by Golde and Quan may be also extremely offensive for the plaintiff and his religious beliefs and values. In fact, Golde did not even ask the patient about his attitude to such experiments, while he kept in secret that his cell tissue was used in such experiments. Therefore, Golde neglected pointblank interests and values of his patient. In such a context, actions of Golde and Quan may be extremely offensive for the plaintiff.
On the other hand, Golde manifested the professional negligence, at the least, as he failed to obtain the patient’s agreement on the conversion of his cell tissue. The negligence of Golde is obvious for he was aware of his plans to use the plaintiff’s cell tissue for conversion and scientific experiments. The scientific experiment has already started before the surgery and Golde was aware of how and what cell tissue he would use to carry on his experiments in association with Quan. Consequently, Golde cannot deny that his patient because a subject to scientific experiment because Golde was conscious of the possible use of Moore’s cell tissue in his scientific studies. At this point, the question concerning the actual need of the patient to have the surgery arises. What is meant here is the fact that Golde was apparently financially interested in the scientific experiment, which eventually proved to bring very profitable outcomes for Golde and Quan. This means that Golde was financial interested in the scientific experiment because he expected to create a new medicament and reap off high profits from its sales. In such a situation, it is unclear whether the surgery was really necessary for Moore’s condition or probably the ultimate goal of the surgery was obtaining his cell tissue for experiments conducted by Golde and Quan. At this point, the time of the beginning of scientific studies conducted by Golde and Quan is crucial. As it has been already mentioned above, they have started the scientific study before the surgery. Consequently, the patient could become and did become a subject to the scientific experiment conducted by Golde and Quan. However, Moore did not give his written consent to participate in any scientific experiments and studies at all.