In Journal of Law, Medicine & Ethics, Health Care Attorneys Examine Defamation Claims Arising from Research Misconduct Cases

In a Journal of Law, Medicine & Ethics article, health care attorneys discussed defamation claims arising from research misconduct cases and best practices for institutions.

The authors explain that researchers involved in research misconduct proceedings are increasingly threatening or bringing legal defamation claims against institutions, complainants and publications involved in the proceedings. While defamation claims do not often succeed, they can be costly and lengthy. The article analyzes the leading defamation cases that stem from research misconduct proceedings and provides advice for institutions and other involved parties seeking to minimize potential defamation liability associated with research misconduct proceedings.

The article was authored by health care partner Mark Barnes, health care counsel Minal Caron, health care associate Nate Jaffe, along with Dr. Barbara Bierer, professor of medicine at Harvard Medical School and faculty director of the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard and former Ropes & Gray attorney Lauren Walsh, a health care attorney practicing in the Office of General Counsel at Mass General Brigham.