Clinical trials offer hope to many patients, but they also carry risks. When a participant dies during a study, surviving family members are often left with grief, questions, and few clear answers. As an Edmond, OK, wrongful death lawyer, we help families understand whether legal action is possible when a fatality occurs in the context of medical experimentation. At Polchinski & Smith Personal Injury Lawyers, we take a close look at trial protocols, consent forms, and oversight to determine liability. In some wrongful death cases, earlier exposure such as a death caused by faulty auto parts may complicate patient history and raise additional legal questions.
Legal Standards For Clinical Trial Responsibility
Most clinical trials are governed by strict federal and state regulations. Researchers and sponsors are expected to follow ethical guidelines, ensure informed consent, and monitor for adverse effects. If a trial deviates from approved protocols, or if a participant was not fully informed of the risks, that may constitute negligence. We examine whether the trial sponsor, investigator, or a third-party clinic failed to meet these responsibilities. It is possible that everyone along the way failed to meet these standards, and thus they can all be held responsible.
Informed Consent
Participants must be informed of all known risks before enrolling in a study. This typically includes signing a detailed consent form. However, a signed form does not protect researchers if they withheld information, misrepresented risks, or failed to react appropriately to developing complications. For example, a patient might not have been properly warned about deadly consequences in similar trials.
Investigating Oversight And Compliance
Trials are usually subject to oversight by Institutional Review Boards (IRBs), but not all IRBs are equally rigorous. If a fatality occurs and the board failed to investigate safety violations or participant complaints, they too may be implicated. We review all layers of oversight and communication to determine where the system failed. It is our job to ensure that everyone who contributed to the problem is held liable.
Challenges In Establishing Liability
Unlike traditional wrongful death cases, those involving clinical trials often include waivers, federal protections for researchers, and complex medical causation issues. We work with medical experts to assess whether the death could reasonably have been avoided and if negligence or misconduct contributed. These claims often require deep investigation and careful strategy.
Advocating For Families After A Loss
We have recovered $900,000 in a single car accident case and bring multiple decades of experience to every claim. We understand the emotional weight and legal difficulty of trial-related fatalities. We have seen complicated cases such as one that occurred near one of the most dangerous intersections in the city, where an ambulance delay added to the harm. This demonstrates our ability to hold multiple parties accountable.
If you’ve lost a loved one during a clinical trial, reach out to Polchinski & Smith Personal Injury Lawyers to explore your legal rights and possible claims for justice. Our team is standing by, ready to support you through your case to ensure you and your family receive the compensation that you deserve.
