Buchanan and Miller's article on the ethical questions associated
with research into less-expensive alternatives to existing but
underutilized treatments lays out an interesting set of conditions under
which such research would be ethical. They do not, however, address the
question of who determines whether those conditions are met and how. The
judgments, for example, that "resource or political constraints ... do not
allow full or extensive provision" of a better treatment and that there is
"a high degree of likelihood" that the less expensive treatment will be
implemented are not simple and not within the professional expertise of
most medical or public health researchers.
Much of the discussion of these issues reflects conflicting
assumptions about empirical questions that are rarely spelled out.
Buchanan and Miller assume that the "libertarian conception of justice
that would leave social betterment to market forces" not only prevails now
but will prevail for the foreseeable future and that in general the pace
of social change is "glacial." In this framework, there is no difficulty
in concluding that constraints that exist today will continue to exist
indefinitely, regardless of whether or not research is done on less-
expensive alternatives. Others, however, believe that exploration of less
-beneficial treatments reduces the chances of or slows the introduction of
the best treatment for all.
These are questions for which empirical evidence can and should be
explored. The pace of social change in recent years has been rapid, not
glacial, and often in directions that are harmful to public health. Some
AIDS-related research projects have been launched on the assumption that
treatments available in the United States and Europe would not become
available in less-developed countries. This assumption has sometimes been
proved wrong, at least for some populations. Whether the provision of
less-effective treatments actually deters the provision of more-effective
treatments is a more complex question. I would welcome evidence-based
efforts to answer it.
Many ethical questions turn on values, not facts. But many also rest
on beliefs about social and political realities, and these beliefs should
be defended with evidence, not just assertion.