Consent when prescribing to dementia patients
Chris Johnson
Australian Medicine, 4 February 2019; 31(2)
Abstract
Responsibility rests with doctors to obtain family consent before giving anti-psychotics to dementia patients in nursing homes, but administrators in the aged care facilities have the responsibility to administer them correctly.
Month: March 2019
South African law may impede human health research
South African law may impede human health research
Linda Nordling
Science, 22 February 2019; 363(6429)
Summary
South Africa’s varied population makes it a magnet for research on public health and human diversity. But a new privacy law called The Protection of Personal Information Act, scheduled to go into effect in 2020, could upend such research. The law aims to protect South Africans from abuse of their personal data and says that such information, including genetic data, must be collected for a specific purpose—and that data subjects need to be “aware of the purpose.” But giant sample and data repositories called biobanks are transforming health research around the world by allowing multiple researchers to ask new questions of the same data. At a meeting in Cape Town on 4–5 February, lawyers, ethicists, and researchers discussed how the new South African rule could limit such secondary use of data and hamstring international collaborations.
Second Wave Due Diligence: The Case for Incorporating Free, Prior, and Informed Consent into the Deep Sea Mining Regulatory Regime
Second Wave Due Diligence: The Case for Incorporating Free, Prior, and Informed Consent into the Deep Sea Mining Regulatory Regime
Julian Aguon, Julie Hunter
Stanford Environmental Law Journal, 10 February 2019; 38(1) pp 3-55
Abstract
This Article calls for the norm of free, prior, and informed consent (FPIC) for indigenous peoples to be applied to deep sea mining (DSM) projects carried out in the international seabed, particularly in the Pacific region, where numerous indigenous communities stand to be directly and disproportionately impacted by this new extractive industry. Our argument, while novel, relies on core prescriptions of Part XI of the United Nations Convention on the Law of the Sea (UNCLOS) requiring compliance with international law in general, including pertinent rules of international environmental and indigenous rights law. UNCLOS’s clear parameters on the prevention of harm to the marine environment, expounded upon by the International Tribunal for the Law of the Sea in a series of key decisions, have created a due diligence standard that is imposing ever higher duties on an increasingly wide range of actors, including in areas beyond national jurisdiction. This standard is evolving alongside a robust norm requiring the FPIC of indigenous peoples threatened by large-scale extractive activities, even if those activities are not directly carried out on indigenous land. When applied to DSM, whose exploratory stage has already resulted in an array of adverse impacts to Pacific indigenous peoples, these normative legal developments coalesce into a compelling argument for placing impacted indigenous peoples into key decision-making roles. Such an approach, which we call a “second wave” of due diligence, represents a decisive break from a destructive history in which the Pacific served as a proving ground for the experiments of others, and a concrete step toward sustainable, rights-based development in the twenty-first century and beyond.
Consent and its Medicolegal Aspects
Consent and its Medicolegal Aspects
Trupti Dani, Vijaya More, Manohar Sarangi
World Journal of Pharmaceutical Research, 14 January 2019; 8(2) pp 545-556.
Abstract
The concept of consent comes from the ethical issue of respect for autonomy, individual integrity and self determination. A more focused approach has been seen in matters related to Medical Negligence since the Consumer Protection Act (CPA) was made applicable to the Medical Profession. Cases of medical negligence are now being filed in consumer courts instead of the regular courts. That is why modern surgeons & Ayurveda practitioners should be aware about their regular duties and should not go under negligent act. While performing Ayurvedic procedure; every Ayurveda practitioner should be aware about medicolegal aspects regarding consent. This article is a preliminary approach to validate whether we can find solution for emerging medicolegal issues regarding consent in medical practice.
Implementing Free Prior and Informed Consent: The United Nations Declaration on the Rights of Indigenous Peoples (2007), the Challenges of REDD+ and the case for the Precautionary Principle
Implementing Free Prior and Informed Consent: The United Nations Declaration on the Rights of Indigenous Peoples (2007), the Challenges of REDD+ and the case for the Precautionary Principle
Malayna Raftopoulos, Damien Short
Forthcoming in the International Journal of Human Rights, 2019
Abstract
Over 21 years after the United Nations Declaration on the Rights of Indigenous Peoples (September 2007 – hereafter UNDRIP) was passed, it is useful to examine the functionality and utility of a core principle it contains- the notion of Free Prior and Informed Consent (FPIC) with respect to the twin challenges of environmental destruction and a key ‘mitigation’ policy: REDD+. While UNDRIP, and to a lesser extent, the International Labour Organisation Convention No. 169 (ILO 169) has strengthened the legal status of FPIC, its application has proved to be extremely difficult. This article argues that when considering the potential harm of environmental and REDD+ climate change policies there needs to be a greater emphasis placed on the ‘precautionary principle’ when applying FPIC. Demonstrating why precaution needs to be taken in order to ensure human rights, this article argues that increasing the prominence of the precautionary principle within FPIC can impact significantly on the protection of biodiversity as well as the way in which environmental harm, laws and regulations are understood in relation to their social and cultural impact and shape future responses to the climate change crisis.
Informed Consent for Neurosurgical Innovation [BOOK CHAPTER]
Informed Consent for Neurosurgical Innovation [BOOK CHAPTER]
Faith C. Robertson, Tiit Mathiesen, Marike L. D. Broekman
Ethics of Innovation in Neurosurgery, 22 February 2019; pp 11-25
Abstract
While innovation in neurosurgery introduces novel medical devices, lifesaving therapies, and critical advancements in procedural care, it also presents ethical challenges regarding informed consent, particularly as innovative treatment options may provide better patient outcomes, but unprecedented surgical interventions may include unknown risk. The process of informed consent relies on appropriate provision of information to a competent patient in efforts to permit patient autonomy over healthcare decision-making without coercion. Importantly, informed consent is not isolated to a single conversation and document signing but is rather an ongoing process of communication throughout the trajectory of the patient’s care. However, neurosurgical patients are one of the most vulnerable populations, as those eligible for experimental procedures often have illnesses refractory to standard therapies, and alternative treatments may be limited. Furthermore, for disease processes affecting information processing or the ability to participate in high-level cognitive decision-making, an individual’s capacity to partake in informed consent may be hindered. At present, there is limited guidance for how neurosurgeons should approach the informed consent process for novel treatments, and there is controversy over the extent to which a surgeon should discuss the innovative nature of the procedure, the evidence or lack thereof, the associated or unknown risks and benefits, the operating surgeon’s learning curve with respect to experience with the procedure, and the alternative treatment options. This chapter summarizes the importance and difficulties of informed consent within neurosurgery, including patient capacity, content and format of discussion, and coercion—all key factors in the attainment of proper consent and the clinical decision process. We underscore the inherent complexity in balancing scientific evidence, clinical expertise, and patient and family preference when pursuing innovative neurosurgical treatments, in efforts to bring about discussion on improvements we can make within the field. Ultimately, this moral discourse is invaluable in creating a situation where investigators assume a responsibility of ensuring respect for persons, beneficence, and justice as we work to propel the field of neurosurgery forward.
Factors complicating the informed consent process for whole exome sequencing in neonatal and pediatic intensive care units
Factors complicating the informed consent process for whole exome sequencing in neonatal and pediatic intensive care units
CJ Diamonstein
Journal of genetic counseling, 8 February 2019; Special Issue
Abstract
Whole exome and whole genome sequencing (WES/WGS) is increasingly utilized in inpatient settings such as neonatal and pediatric intensive care units (ICU), but no research has explored the process of informed consent in this setting. My experience as an inpatient genetic counselor has illuminated factors unique to the ICU that may threaten elements of informed consent such as voluntariness, disclosure, understanding, and capacity. I present three cases that exemplify elements complicating consent counseling for WES/WGS in the ICU, including the emotional state of the parents, involvements of other healthcare providers, environmental distractions and competing clinical priorities. I offer strategies to navigate these factors based on my experience.
Informed consent for functional MRI research on comatose patients following severe brain injury: balancing the social benefits of research against patient autonomy
Informed consent for functional MRI research on comatose patients following severe brain injury: balancing the social benefits of research against patient autonomy
Tommaso Bruni, Mackenzie Graham, Loretta Norton, Teneille Gofton, Adrian M Owen, Charles Weijer
Journal of Medical Ethics, 25 February 2019; Open Access
Abstract
Functional MRI shows promise as a candidate prognostication method in acutely comatose patients following severe brain injury. However, further research is needed before this technique becomes appropriate for clinical practice. Drawing on a clinical case, we investigate the process of obtaining informed consent for this kind of research and identify four ethical issues. After describing each issue, we propose potential solutions which would make a patient’s participation in research compatible with her rights and interests. First, we defend the need for traditional proxy consent against two alternative approaches. Second, we examine the impact of the intensive care unit environment on the informed consent process. Third, we discuss the therapeutic misconception and its potential influence on informed consent. Finally, we deal with issues of timing in recruiting participants and related factors which may affect the risks of participation.
Well informed physician-patient communication in consultations on back pain – study protocol of the cluster randomized GAP trial
Well informed physician-patient communication in consultations on back pain – study protocol of the cluster randomized GAP trial
Sebastian Voigt-Radloff, Andrea C. Schöpf, Martin Boeker, Luca Frank, Erik Farin, Klaus Kaier, Mirjam Körner, Katharina Wollmann, Britta Lang, Joerg J. Meerpohl, Ralph Möhler, Wilhelm Niebling, Julia Serong, Renate Lange, Piet van der Keylen, Andy Maun
BMC Family Practice, 25 February 2019; 20(33)
Abstract
Background
Back pain is one of the most frequent causes of health-related work absence. In Germany, more than 70% of adults suffer from at least one back pain episode per annum. It has strong impact on health care costs and patients’ quality of life. Patients increasingly seek health information on the internet. However, judging its trustworthiness is difficult. In addition, physicians who are being confronted with this type of information often experience it to complicate the physician-patient interaction. The GAP trial aims to develop, implement and evaluate an evidence-based, easy-to-understand and trustworthy internet information portal on lower back pain to be used by general practitioners and patients during and after the consultation. Effectiveness of GAP portal use compared to routine consultation on improving communication and informedness of both physicians and patients will be assessed. In addition, effects on health care costs and patients’ days of sick leave will be evaluated.
Methods
We will conduct a prospective multi-centre, cluster-randomized parallel group trial including 1500 patients and 150 recruiting general practitioners. The intervention group will have access to the GAP portal. The portal will contain brief guides for patients and physicians on how to improve the consultation as well as information on epidemiology, aetiology, symptoms, benefits and harms of treatment options for acute, sub-acute and chronic lower back pain. The GAP portal will be designed to be user-friendly and present information on back pain tailored for either patients or physicians in form of brief fact sheets, educative videos, info-graphics, animations and glossaries. Physicians and patients will assess their informedness and the physician-patient communication in consultations at baseline and at two time points after the consultations under investigation. Days of sick leave and health care costs related to back pain will be compared between control and intervention group using routine data of company health insurance funds.
Discussion
The GAP-trial intends to improve the communication between physicians and their patients and the informedness of both groups. If proven beneficial, the evidence-based and user-friendly portal will be made accessible for all patients and health professionals in back pain care. Inclusion of further indications might be implemented and evaluated in the long term.
Informed Consent and the Ethics of Placebo-Based Interventions in Clinical Practice [BOOK CHAPTER]
Informed Consent and the Ethics of Placebo-Based Interventions in Clinical Practice [BOOK CHAPTER]
Marco Annoni, Franklin G. Miller
Placebos and Nocebos in Headaches, 12 February 2019; pp 135-142
Abstract
In this chapter we explore the ethics of informed consent with respect to the prescription of effective treatments, like acupuncture, that according to evidence-based standards have a prevalent placebo component. First, we review empirical studies demonstrating that placebo effects may significantly modulate symptoms in highly prevalent conditions, taking migraine as our case in point. Next, we chart the ethical implications of prescribing interventions that have been found slightly more effective than placebos and yet significantly better than no treatment—a class of remedies that we label as “placebo-based interventions.” We argue that, provided certain conditions are met, doctors may ethically prescribe placebo-based interventions in nondeceptive ways. By contrast, we contend the prescription of placebo treatments is incompatible with informed consent unless the true nature of the remedy is transparently disclosed to patients.