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Animal Ethics Biosafety Human Research Ethics Research Integrity

Journal editors and publishers’ legal obligations with respect to medical research misconduct (Papers: Naomi Holbeach et. al. | December 2022)

Posted by Dr Gary Allen in Human Research Ethics, Research Integrity on January 18, 2023
Keywords: Beneficence, Institutional responsibilities, Journal, Medical research, Publication ethics, Research Misconduct, Research results

The Linked Original Item was Posted On December, 25 2022

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Abstract

The work of cheats and charlatans in medical research has the potential to cause significant harm, injury or death.  As we saw during the COVID pandemic, whacky theories, misinformation and baseless claims can lead to the hapless (including former US Presidents) taking unsafe and useless agents.  This excellent paper reflects on the culpability of editors and publishers when they publish a dangerously flawed paper.

As the burden of misconduct in medical research is increasingly recognised, questions have been raised about how best to address this problem. Whilst there are existing mechanisms for the investigation and management of misconduct in medical literature, they are inadequate to deal with the magnitude of the problem. Journal editors and publishers play an essential role in protecting the veracity of the medical literature. Whilst ethical guidance for journal editors and publishers is important, it is not as readily enforceable as legal obligations might be. This article questions the legal obligations that might exist for journal editors and publishing companies with respect to ensuring the veracity of the published literature. Ultimately, there is no enforceable legal obligation in Australia, the United Kingdom, or the United States. In light of this, more robust mechanisms are needed to deliver greater confidence and transparency in the investigative process, the management of concerns or findings of misconduct and the need to cleanse the literature. We show that the law disincentivises journals and publishers from ensuring truth in their publications. There are harmful consequences for medical care and public confidence in the medical profession and health care system when the foundations of medical science are questionable.

Holbeach, N., Freckelton AO QC, I., & Mol, B. W. (2022). Journal editors and publishers’ legal obligations with respect to medical research misconduct. Research Ethics, 0(0). https://doi.org/10.1177/17470161221147440
Publisher (Open Access): https://journals.sagepub.com/doi/full/10.1177/17470161221147440
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Journal editors and publishers’ legal obligations with respect to medical research misconduct - Naomi Holbeach, Ian Freckelton AO QC, Ben W Mol, 2022
As the burden of misconduct in medical research is increasingly recognised, questions have been raised about how best to address this problem. Whilst there are ...

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(US) Study of Pepcid as virus remedy stalls after $21M – Northwest Arkansas Democrat Gazette (Richard Lardner and Jason Dearen | July 2020)

It’s Time to Get Serious About Research Fraud – UnDark (Dalmeet Singh Chawla | July 2020)

Transatlantic editorial: Institutional investigations of ethically flawed reports in cardiothoracic surgery journals (Papers: Robert M Sade, et al | January 2020)

(Australia Queensland case) Universal Medicine research conducted by devotees won’t be pulled by Queensland uni – ABC (Josh Robertson | March 2019)

(US) Mount Sinai multiple sclerosis researcher admits to misconduct – Retraction Watch (Ivan Oransky | May 2018)

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