Informed consent for early-phase clinical trials: therapeutic misestimation, unrealistic optimism and appreciation

Informed consent for early-phase clinical trials: therapeutic misestimation, unrealistic optimism and appreciation
Original research
Jodi Halpern, David Paolo, Andrew Huang
BMJ, 12 June 2019
Abstract
Unrealistic therapeutic beliefs are very common—the majority of patient-subjects (up to 94%) enrol in phase 1 trials seeking and expecting significant medical benefit, even though the likelihood of such benefit has historically proven very low. The high prevalence of therapeutic misestimation and unrealistic optimism in particular has stimulated debate about whether unrealistic therapeutic beliefs in early-phase clinical trials preclude adequate informed consent. We seek here to help resolve this controversy by showing that a crucial determination of when such therapeutic beliefs are ethically problematic turns on whether they are causally linked and instrumental to the motivation to participate in the trial. Thus, in practice, it is ethically incumbent on researchers to determine which understanding and beliefs lead to the participant’s primary motivation for enrolling, not to simply assess understanding, beliefs and motivations independently. We further contend that assessing patient-subjects’ appreciation as a component of informed consent—it is already an established component of decision-making capacity assessments—can help elucidate the link between understanding-beliefs and motivation; appreciation refers to an individual’s understanding of the personal significance of both the medical facts and the experience of trial participation. Therefore, we recommend that: (1) in addition to the usual question, ‘Why do you want to participate in this trial?’, all potential participants should be asked the question: ‘What are you giving up by participating in this trial?’ and (2) researchers should consider the settings in which it may be possible and practical to obtain ‘two-point consent’.

Informed Consent Issues for Cell Donors

Informed Consent Issues for Cell Donors
Methods in Molecular Biology book series
Insoo Hyun
Chimera Research, 8 June 2019; pp 67-74
Abstract
Stem cell-based chimera research depends on the free and voluntary provision of human biomaterials necessary for the derivation of pluripotent stem cell lines. Informed consent requirements for the procurement of human embryos, gametes, and somatic cells must take into account unique features of biomedical research involving the use of immortal cell lines that carry their donors’ genetic information. The extent and basis for donors’ rights, including the right to withdraw from research, are explored here in detail.

Parents’ and clinicians’ views on conducting paediatric diagnostic test accuracy studies without prior informed consent: qualitative insight from the Petechiae in Children study (PiC)

Parents’ and clinicians’ views on conducting paediatric diagnostic test accuracy studies without prior informed consent: qualitative insight from the Petechiae in Children study (PiC)
Original Article
Thomas Waterfield, Mark D Lyttle, Michael Shields, Derek Fairley, Damian Roland, James McKenna, Kerry Woolfall
BMJ, 7 June 2019
Abstract
Objective 
The Petechiae in Children (PiC) study assesses the utility of presenting features and rapid diagnostic tests in the diagnosis of serious bacterial infection in feverish children with non-blanching rashes. An embedded qualitative study explored parents’ and clinicians’ views on the acceptability of the PiC study, including the use of research without prior consent (RWPC) in studies of diagnostic test accuracy.
Design 
Semistructured qualitative interviews. Analysis was thematic and broadly interpretive, informed by the constant comparative approach.
Participants 
Fifteen parents were interviewed 55 (median) days since their child’s hospital attendance (range 13–95). Five clinicians involved in recruitment, and consent were interviewed.
Results 
Parents and clinicians supported RWPC for the PiC study and future emergency paediatric diagnostic test accuracy studies as long as there is no harm to the child and emergency care is not delayed. Parents and clinicians made recommendations around the timing and conduct of a consent discussion, which were in line with RWPC guidance. Parents enrolled in the PiC study preferred a design that included consent discussions with the research team over the alternative of ‘opt-out’ consent only.
Conclusions 
This embedded qualitative study demonstrates that RWPC is appropriate for use in paediatric emergency studies of diagnostic test accuracy and that the approach used in PiC was appropriate. Future diagnostic studies involving additional invasive procedures or an opt-out only approach to consent would benefit from exploring parent and clinician views on acceptability at the pretrial stage.

Free, Prior, and Informed Consent in the Philippines: A Fourth World Critique

Free, Prior, and Informed Consent in the Philippines: A Fourth World Critique
Interdisciplinary Studies in Human Rights book series (CHREN, volume 3)
Armi Beatriz E. Bayot
Human Rights in the Extractive Industries, 14 June 2019; pp 281-309
Abstract
When it comes to the planning and execution of resource use activities, indigenous peoples’ voices do not carry the same weight as those of states—not even when the activity at issue will have a profound and irreversible impact on indigenous peoples’ survival. As illustrated by how the norm of free, prior, and informed consent (FPIC) is implemented in the Philippines, this is due to competing state-centric international and domestic legal norms that privilege state prerogatives over natural resources vis-à-vis indigenous peoples’ rights over their territories. The doctrine of state sovereignty is so fundamental in international law that states’ acknowledgment of indigenous peoples’ rights, in general, and FPIC, in particular, continue to be qualified by this doctrine. FPIC, therefore, remains to be a regime of unfulfilled promise due to the inherent power imbalance in the international law framework in which it exists, which is based on a Western conception of state sovereignty that denies the (pre-)existence and validity of indigenous polities and their historical sovereignty. The way forward is to assert indigenous peoples’ participation in international law-making, based on their right to self-determination and historical sovereignty, to empower them to influence the content of other norms of international law that affect them—not just those international law norms that ostensibly exist specifically for the protection of indigenous peoples (such as FPIC).

Mention of ethical review and informed consent in the reports of research undertaken during the armed conflict in Darfur : a systematic review

Mention of ethical review and informed consent in the reports of research undertaken during the armed conflict in Darfur : a systematic review
Research Article
Ghaiath Hussein, Khalifa Elmusharaf
BMC Medical Ethics,  13 June 2019; 20(40)
Abstract
Background
Armed conflict in Darfur, west Sudan since 2003 has led to the influx of about 100 international humanitarian UN and non-governmental organizations to help the affected population. Many of their humanitarian interventions included the collection of human personal data and/or biosamples, and these activities are often associated with ethical issues. A systematic review was conducted to assess the proportion of publicly available online reports of the research activities undertaken on humans in Darfur between 2004 and 2012 that mention obtaining ethical approval and/or informed consent.
Methods
This systematic review is based on a systematic literature search of Complex Emergency Database, ReliefWeb, PubMed), followed by a hand search for the hardcopies of the eligible reports archived in the Centre for Research on the Epidemiology of Disasters (CRED) in Brussels.
Results
The online search showed that out of the 68 eligible studies, 13.2% (9) reported gaining ethical approval and 42.6% (29) that an informed consent was obtained from the participants. The CRED search included 138 eligible reports. None of these reports mentioned gaining ethical approval and 17 (12.3%) mentioned obtaining informed consent from their participants.
Conclusions
The proportion of studies reporting ethical review and informed consent was smaller than might be expected, so we suggest five possible explanations for these findings. This review provides empirical evidence that can help in planning ethical conduct of research in humanitarian settings.

Informed Consent in Societies with Different Ethos of ‘Selfhood’

Informed Consent in Societies with Different Ethos of ‘Selfhood’
Muna Al-Saadoon, Samir Al-Adawi
Sultan Qaboos University Medical Journal, 12 May 2019;19(1) pp. e1–3
Excerpt
It has been well established that many illnesses, disabilities and distress are influenced by psychosocial factors.1 These psychosocial factors are central to the predisposition, onset, course, and outcome of illnesses.2 Thus, biopsychosocial factors are of major importance in designing intervention and management plans. According to Sirri et al., “When patient behaviors differ from those expected or recommended by physicians, the greater this discrepancy, the less likely the course of the disease will be predicted solely by bio medical factors” (P. 74).3 However, social and cultural factors appear to be marginalised when applying informed consent in traditional societies around the world where factors underpinning cultural beliefs or practices and social behaviour might be different to what is often taught in medical schools…

Editor’s note: Full text of this excerpt can be found at the title link

The side effects of deemed consent: changing defaults in organ donation

The side effects of deemed consent: changing defaults in organ donation
Current Controversy
David M Shaw
Journal of Medical Ethics, 22 June 2019
Abstract
In this Current Controversy article, I describe and analyse the imminent move to a system of deemed consent for deceased organ donation in England and similar planned changes in Scotland, in light of evidence from Wales, where the system changed in 2015. Although the media has tended to focus on the potential benefits and ethical issues relating to the main change from an opt-in default to an opt-out one, other defaults will also change, while some will remain the same. Interaction of these other defaults with the principal one raise several ethical issues that may complicate efforts to use deemed consent to increase donation rates. Most significantly, changing the main default will have the effect of changing the default for patients’ families, who play a vital role in the consent process.

Playing by the rules: Impact of the new General Data Protection Regulation on retrospective studies: A researcher’s experience 

Playing by the rules: Impact of the new General Data Protection Regulation on retrospective studies: A researcher’s experience 
M H van der Ree, R A Scholte, P G Postema, J R de Groot
European Heart Journal, 21 June 2019; 40(24) pp 1900–1902
Excerpt
…Despite the retrospective nature of the study, informed consent is required for the reuse of care data in the context of scientific research. For participants of the PREDICT-AF study, consent for the reuse of care data was available as part of the informed consent form of this prospective study. For the control cohort, however, no such consent was available. This was our first barrier: only a physician who is directly involved in the patient’s medical care, and not an investigator, is allowed to approach potential study participants and ask for informed consent. This physician is also allowed to ask for the patient’s permission for another person to approach him or her and ask for consent. As the control patients of our retrospective study were no longer under the treatment of the two hospitals that performed the PREDICT-AF study, this implied approaching approximately 50 referring cardiologists of the control patients and ask for their cooperation. These cardiologists would then have to personally ask their patients permission to be approached by the investigator, who could then ask for informed consent. This procedure put some serious constraints on the timelines of our envisioned data collection…

Without Prejudice – Informed consent and the responsibility of healthcare practitioners – medical law

Without Prejudice – Informed consent and the responsibility of healthcare practitioners – medical law
Hickley Hamman
Without Prejudice June 2019; 19(5) pp 32 – 34
Abstract 
The Supreme Court of Appeal was recently called upon to adjudicate an appeal relating to a claim based on an alleged failure to obtain informed consent for a medical procedure. In the case of Beukes v Smith (211/2018) [2019] ZASCA 48 the appellant appealed against an order dismissing her claim because she had failed to establish the basis for liability against the respondent. She alleged that the respondent failed to inform her of the full range of treatment options available to her for the treatment of a hernia, that he unilaterally decided to perform a laparoscopic hernia repair, and that this resulted in her sustaining a perforation of her bowel.

Mature minors and self-determination in medical consent law: a comparison between the Italian legal system and the English legal system

Mature minors and self-determination in medical consent law: a comparison between the Italian legal system and the English legal system
Giulia Binatoa
Interdisciplinary Journal of Family Studies, 5 May 2019
Abstract
Italian Law no. 219 of 2017 reforms medical consent law and introduces advanced healthcare directives. No changes are made to general private law rules on children capacity, including medical consent within parental responsibility. In accordance with the recent innovations brought by the Italian reform of filiation, children have a right to be heard and express their own view on the treatment over their person, proportionately to their age and understanding. The paper criticizes the Italian medical consent law dispositions on children who have sufficient understanding. Making a systematic comparison between the Italian situation and the so-called mature minor doctrine in English law, the paper specifically examines the assumption that the child’s right to be heard outside a judicial proceeding may be instrumental to assure self-determination of children within their fundamental rights of life, dignity and health.