Section 24176 Of Chapter 1.3. Human Experimentation From California Health And Safety Code >> Division 20. >> Chapter 1.3.
24176
. (a) Any person who is primarily responsible for conduct of a
medical experiment and who negligently allows the experiment to be
conducted without a subject's informed consent, as provided in this
chapter, shall be liable to the subject in an amount not to exceed
ten thousand dollars ($10,000), as determined by the court. The
minimum amount of damages awarded shall be five hundred dollars
($500).
(b) Any person who is primarily responsible for the conduct of a
medical experiment and who willfully fails to obtain the subject's
informed consent, as provided in this chapter, shall be liable to the
subject in an amount not to exceed twenty-five thousand dollars
($25,000) as determined by the court. The minimum amount of damages
awarded shall be one thousand dollars ($1,000).
(c) Any person who is primarily responsible for the conduct of a
medical experiment and who willfully fails to obtain the subject's
informed consent, as provided in this chapter, and thereby exposes a
subject to a known substantial risk of serious injury, either bodily
harm or psychological harm, shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for a period not to
exceed one year or a fine of fifty thousand dollars ($50,000), or
both.
(d) Any representative or employee of a pharmaceutical company,
who is directly responsible for contracting with another person for
the conduct of a medical experiment, and who has knowledge of risks
or hazards with respect to the experiment, and who willfully
withholds information of the risks and hazards from the person
contracting for the conduct of the medical experiment, and thereby
exposes a subject to substantial risk of serious injury, either
bodily harm or psychological harm, shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for a period not to
exceed one year or a fine of fifty thousand dollars ($50,000), or
both.
(e) Each and every medical experiment performed in violation of
any provision of this chapter is a separate and actionable offense.
(f) Any attempted or purported waiver of the rights guaranteed, or
requirements prescribed by this chapter, whether by a subject or by
a subject's conservator or guardian, or other representative, as
specified in Section 24175, is void.
(g) Nothing in this section shall be construed to limit or expand
the right of an injured subject to recover damages under any other
applicable law.