Who is Responsible when the Literature Lies? A Review of the Legal Obligations of Journals with Respect to Misconduct in Medical Research

Dr Naomi Holbeach¹

¹The University Of Melbourne, ²Mercy Hospital for Women

Current law in Australia and other comparable jurisdictions have not evolved a legally enforceable obligation for journal editors and publishers to ensure the veracity of what they publish. There are ethical frameworks that exist to deal with research misconduct in medicine, but there is a discrepancy between the guidance provided and reality. This presentation explores the current systems in place for dealing with concerns raised about problematic papers and the lack of legal recourse to compel action from journals and publishers.

Misconduct in medical research is common and is a problem for the research community, medical practice, and broader public. Despite increasing recognition of the problem, current mechanisms to address it are perceived to be slow and lack transparency. Primary responsibility rests with the perpetrators of misconduct, but it is important to question the role that others play in perpetuating the impacts that misconduct has on medical literature. Whilst the Committee on Publication Ethics (‘COPE’) guidance states that ‘journals are responsible for the conduct of their editors, for safeguarding the research record, and for ensuring the reliability of everything they publish’, this does not translate to legally enforceable obligations. As a result, there are few mechanisms currently available to require publication integrity despite the significant potential for harm. It is possible that factors such as time, cost, and fear of litigation are more powerful incentives than the ethical obligations. More attention should be paid to developing robust systems for the ready identification of retracted and corrected articles by the readership.

Biography:

Dr Naomi Holbeach has qualifications in law and medicine and is completing a PhD at the Melbourne Law School. She is a lecturer in Obstetrics and Gynaecology at the Melbourne Medical School as well as an advanced trainee in Obstetrics and Gynaecology at the Mercy Hospital for Women, Heidelberg, Victoria.