51 Cal. 3d 120 (1990)
Moore v. Regents of the University of California is a landmark case that addresses the complex intersection of property rights and medical ethics, particularly concerning human tissues and cells.
Do individuals have property rights over their bodily tissues and cells after they have been removed from their bodies, and can a physician use those tissues for research without informed consent?
The California Supreme Court ruled that while individuals do not have property rights in their excised tissues, they do have a right to informed consent regarding the use of their biological materials. The court emphasized that the relationship between patients and physicians includes a duty of disclosure, particularly when there are financial interests involved in the use of a patient's biological materials.
The California Supreme Court held that Moore did not have a property right in his excised cells, but it did recognize that he had a right to informed consent regarding the use of his biological materials. The court ruled that the failure of the physicians to disclose their financial interests and the potential use of Moore's cells constituted a breach of their duty to inform him, which was a significant aspect of the physician-patient relationship.
Moore v. Regents of the University of California is significant for law students as it establishes critical principles regarding informed consent and the ethical responsibilities of medical professionals. The case has influenced subsequent legal decisions and discussions surrounding bioethics, particularly in the context of genetic material and biobanking. It serves as a foundational case for understanding the legal landscape of property rights in bodily materials and the importance of patient autonomy.