Negligence without a patient: medical negligence in clinical trials in India and the comparative study of South Korea and Australia

Clinical research has migrated toward low- and middle-income countries, and India became a leading host before consent failures and participant deaths triggered a regulatory reckoning in 2013. The injured trial participant occupies an awkward position in medical negligence law: the intervention is experimental, its risks are by design incompletely known, and no settled standard of care governs the researcher's conduct. This study compares three jurisdictions. India, a common-law system, has adopted statutory no-fault compensation; South Korea, a civil-law system, relies on regulatory approval and indemnity insurance; Australia, a common-law system, is shaped by a landmark judicial standard and subsequent civil-liability reform. India's obligation requires sponsors to compensate trial-related injury without proof of fault, reaching injuries only associatively connected with a trial, making its principle the most protective in form. South Korea channels protection through institutional review boards and indemnity insurance, leaving the standard of care to malpractice litigation. Australia combines notification-based approval with a court-determined standard derived from Rogers v Whitaker, tempered by the customary-practice defence and supplemented by health complaints commissions. No jurisdiction performs well on compensation certainty, standard-of-care clarity and access to justice at once. The comparison supports three reforms for India: a defined standard of care, an independent compensation authority, and a clarified relationship between the no-fault remedy and the civil claim.

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Publication Details

Journal
International Journal of Clinical Trials
Published
2026-10-26
DOI
https://doi.org/10.18203/2349-3259.ijct20263766
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

Negligence without a patient: medical negligence in clinical trials in India and the comparative study of South Korea and Australia

Aditi Jani, Abhinav Kuchipudi
International Journal of Clinical Trials
Medical Malpractice and Liability Issues
article

Negligence without a patient: medical negligence in clinical trials in India and the comparative study of South Korea and Australia

Aditi Jani, Abhinav Kuchipudi
article en

Abstract

Clinical research has migrated toward low- and middle-income countries, and India became a leading host before consent failures and participant deaths triggered a regulatory reckoning in 2013. The injured trial participant occupies an awkward position in medical negligence law: the intervention is experimental, its risks are by design incompletely known, and no settled standard of care governs the researcher's conduct. This study compares three jurisdictions. India, a common-law system, has adopted statutory no-fault compensation; South Korea, a civil-law system, relies on regulatory approval and indemnity insurance; Australia, a common-law system, is shaped by a landmark judicial standard and subsequent civil-liability reform. India's obligation requires sponsors to compensate trial-related injury without proof of fault, reaching injuries only associatively connected with a trial, making its principle the most protective in form. South Korea channels protection through institutional review boards and indemnity insurance, leaving the standard of care to malpractice litigation. Australia combines notification-based approval with a court-determined standard derived from Rogers v Whitaker, tempered by the customary-practice defence and supplemented by health complaints commissions. No jurisdiction performs well on compensation certainty, standard-of-care clarity and access to justice at once. The comparison supports three reforms for India: a defined standard of care, an independent compensation authority, and a clarified relationship between the no-fault remedy and the civil claim.

International Journal of Clinical TrialsVol. 13(4)
GLS University (IN)
Openalex Percentile: Top 6%
Medical Malpractice and Liability Issues
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