The Patients Have a Story to Tell: Informed Consent for People who use Illicit Opiates

The Patients Have a Story to Tell: Informed Consent for People who use Illicit Opiates
Research Article
Jane McCall, J Craig Phillips, Andrew Estafan, Vera Caine
Nursing Ethics, 26 February 2020
Abstract
Background
There is a significant discourse in the literature that opines that people who use illicit opiates are unable to provide informed consent due to withdrawal symptoms and cognitive impairment as a result of opiate use.
Aims
This paper discusses the issues related to informed consent for this population.
Ethical considerations
Ethical approval was obtained from both the local REB and the university. Written informed consent was obtained from all participants.
Method
This was a qualitative interpretive descriptive study. 22 participants were interviewed, including 18 nurses, 2 social workers and 2 clinic support workers. The findings were analyzed using thematic analysis, which is a way of systematically reducing the complexity of the information to arrive at generalized explanations.
Results
The staff at the clinic were overwhelming clear in their judgment that people who use opiates can and should be able to participate in research and that their drug use is not a barrier to informed consent.
Conclusions
It is important to involve people who use opiates in research. Protectionist concerns about this population may be overstated. Such concerns do not promote the interests of research participants. People who use heroin need to be able to tell their story.

Perspectives on Informed Consent Practices for Minimal-Risk Research Involving Foster Youth

Perspectives on Informed Consent Practices for Minimal-Risk Research Involving Foster Youth
Pediatrics Perspective
Mary V. Greiner, Sarah J. Beal and Armand H. Matheny Antommaria
American Academy of Pediatrics, March 2020
Excerpt
There are >430 000 children in protective custody (ie, foster care) in the United States. Despite known health disparities, there continues to be limited research to develop an evidence base for diagnosing and intervening to improve health conditions for children in foster care.6 One identified obstacle to recruitment is obtaining informed consent, the legal requirement for understanding and voluntary agreement to participate in research. Foster youth do not have a traditional parent or guardian and instead have many adults playing different roles in their lives, including their children’s services caseworker, their foster caregiver, their biological parent, their court-appointed special advocate or guardian ad litem (GAL), and their judge or magistrate. Each plays a role in decision-making for the child and could participate in the informed consent process…

Parental Understanding of Research Consent Forms in the PICU: A Pilot Study

Parental Understanding of Research Consent Forms in the PICU: A Pilot Study
Shira Gertsman, Katharine O’Hearn, Jess Gibson, Kusum Menon
Pediatric Critical Care Medicine, 28 February 2020
Abstract
Objectives
To describe legal guardians’ understanding of key concepts in a research consent form presented within 24 hours of their child’s admission to the [Paediatric Intensive Care Unit] PICU and to explore legal guardians’ opinions of the format (language, length) of the consent form and the overall consent process.
Design
Single-center, exploratory pilot study.
Setting
PICU at a tertiary-care hospital in Canada.
Subjects
Forty-one English- and French-speaking legal guardians of children less than 18 years old, who had been admitted to the PICU within the past 24 hours and were expected to stay at least 48 hours, between October 2018 and February 2019.
Interventions
The consent form from a previous PICU trial was given and explained to legal guardians within 24 hours of their child’s admission to the PICU.
Measurements and main results
Legal guardians’ understanding of key concepts in the consent form was evaluated using a questionnaire the day after the form was explained, and opinions were collected verbally and using an additional survey. The median number of questions answered incorrectly was three of seven (interquartile range = 2-4). Participants best understood the topic of the study (5% incorrect), but 80% of participants were unable to recall a single risk. The median rating of the language in the form was five of five (very easy to understand; interquartile range = 4-5), and 88% of participants said it was a reasonable length.
Conclusions
Despite positive opinions of the consent form, most legal guardians did not understand all key components of the consent information provided to them orally and in writing within 24 hours of their child’s PICU admission. Future studies are required to determine barriers to understanding and explore alternative approaches to obtaining consent in this setting.

EU Coordination of Serious Cross-Border Threats to Health: The Implications for Protection of Informed Consent in National Pandemic Policies

EU Coordination of Serious Cross-Border Threats to Health: The Implications for Protection of Informed Consent in National Pandemic Policies
Hannah Van Kolfschooten
European Journal of Risk Regulation, October 2019; 10(4) pp 635-651
Open Access
Abstract
This article discusses the development of a more supranational EU approach to regulate risks of “serious cross-border threats to health” such as pandemic disease outbreaks. It argues that the EU’s public health measures to prevent and tackle pandemics could affect individual patients’ rights, because the rights of individual European citizens are balanced against the importance of protecting the European community as a whole. This results in a tension between public health and individual rights in the EU, especially with regard to the right to informed consent, a central right in health law. In response to the 2013–2016 Ebola outbreak in West Africa, the EU introduced several preventive and responsive measures in the Member States to prevent the pandemic from spreading to the EU. The case study analysis of Dutch pandemic policies established in reaction to this outbreak shows that national pandemic policies are substantially shaped by EU actions, which has implications for the protection of the individual right to informed consent in the Member States.

The effect of the Montgomery judgment on settled claims against the National Health Service due to failure to inform before giving consent to treatment

The effect of the Montgomery judgment on settled claims against the National Health Service due to failure to inform before giving consent to treatment
D S Wald, J P Bestwick, P Kelly
QJM, 19 March 2020
Abstract
Background
A landmark legal judgment in March 2015 (Montgomery) changed the test for determining negligence due to failing to inform patients before consent, by moving away from asking what a reasonable doctor should disclose and asking instead what a reasonable patient would expect to know.
Aim
We sought to determine the effect Montgomery has had on settled claims due to failure to inform compared with claims for other reasons and whether legal firms are adding contributory claims of failure to inform to other principal allegations of negligence.
Methods
A Freedom of Information request to NHS Resolution provided data on the number of settled claims against the NHS (2005–19) for any cause and where failure to inform before consent was the principal or contributory cause. Time-series regression was used to compare trends before and after 31 March 2015.
Results
The trend in claims/year increased 4-fold for failure to inform (an increase of 9.8/year before 2015 vs. 39.5/year after 2015, P < 0.01), 2.7-fold when failure to inform was the principal cause (7.9/year vs. 21.2/year, P = 0.02) and 9.9-fold as a contributory cause (1.9/year vs. 18.3/year, P < 0.01). There was no material difference in claims due to other causes (334/year vs. 318/year, P = 0.84).
Conclusions
Montgomery has led to a substantial increase in settled claims of failure to inform before consent, with no coincident change in claims for other causes. The increase in contributory compared with principal causes suggests that lawyers are using the judgment to increase the chances of a successful claim against the NHS.

Editor’s note: QJM is a general medical journal affiliated with the Association of Physicians of Great Britain & Ireland. It focuses on internal medicine and publishes peer-reviewed articles which promote medical science and practice.

Rules on informed consent and advance directives at the end of-life: the new Italian law

Rules on informed consent and advance directives at the end of-life: the new Italian law
Commentary
R V Viola, N Di Fazio, Z Del Fante, V Fazio, G Volonnino, S Romano, A Quattrocchi, M Arcangeli
La Clinica terapeutica, March-April 2020; 171(2) e94-96
Open Access
Abstract
End-of-life decisions are an emergent issue for bioethical debates and practical concerns among health professionals. On December 2017, Italy enacted a new law named “Rules about informed consent and advance directives”, which promotes the relationship of care in a fiduciary sense through the implementation of a correct and exhaustive information. It is also prescribed to record in writing all the patients’ decisions about consent or refusal. Furthermore, the law explicitly forbids unreasonable therapeutic obstinacy for terminal patient, legitimizing deep palliative sedation. Finally, the law establishes the use of “advance directives” as a written document by which adults and capable people can express their wishes regarding health treatments and diagnostic tests in anticipation of a possible future incapacity. The law provides that doctors must comply with these directives, unless they appear clearly incongruous or not corresponding to the patient’s current clinical condition.

Editor’s note: We take note of the phrase “unreasonable therapeutic obstinacy” in the abstract.

Dissenting voices in a consenting village: lessons from implementation of free, prior and informed consent at a REDD+ pilot in Tanzania

Dissenting voices in a consenting village: lessons from implementation of free, prior and informed consent at a REDD+ pilot in Tanzania
K Mukisa, D M Tumusiime, C Webersik, E T Liwenga, J R S Tabuti
International Forestry Review, March 2020; 22(1) pp 120-131
Abstract
Free, prior and informed consent (FPIC) is a key institutional tool in meeting social safeguards. Its implementation ensures respect of the local people’s rights in an intervention. This paper presents a case of FPIC implementation at a REDD+ pilot site. Data were obtained through key informant interviews and focus group discussions with proponents and village members of the Lindi REDD+ project. Findings indicate that the inclusive approach to FPIC by taking the consultations to the hamlet level did not deliver a flawless process. The consent decision was reached by a majority vote, not consensus. There was some dissent, prompting the early establishment of project implementation committees. Consent was obtained, though it was not absolutely free, prior and informed. Future REDD+ projects should consider having FPIC as an independent and earlier process, separate from the main implementation of the project in order to uphold local peoples’ rights in a less anxious process.

The oral communication principle and coming up to informed decision requirements in national screening programs

The oral communication principle and coming up to informed decision requirements in national screening programs
Short Communication
Birkeland
Public Health, May 2020; 182 pp 51-52
Abstract
Objective
Informed consent (IC) principles are often overlooked aspects in debates about national screening programs. This short communication examines the Danish approach to IC in decision-making about screening participation.
Study design
A descriptive approach is adopted in linking present screening practices with Danish regulation about IC and international ethical principles.
Methods
To ascertain the extent to which screening procedures come up to IC requirements, the article adopts a review approach by examining relevant Danish national legislation including ministerial orders as well as international ethical codes.
Results
The article finds that, although Danish legislation as well as international IC principles generally stipulates a decision-making process requiring oral communication, current procedures largely rely on one-way communication through written information available from leaflets, web sites, etc. Screening programs seem to have established no general formula to qualify healthcare users’ understanding of data underlying their choice whether to be screened.
Conclusion
The deviance from common IC principles may reduce healthcare quality, pose a safety problem, and challenge healthcare users’ ability to exercise autonomy.

Racial differences in patient consent policy preferences for electronic health information exchange

Racial differences in patient consent policy preferences for electronic health information exchange
Carolyn L Turvey, Dawn M Klein, Kim M Nazi, Susan T Haidary, Omar Bouhaddou, Nelson Hsing, Margaret Donahue
Journal of the American Medical Informatics Association, 9 March 2020
Abstract
Objective
This study aimed to explore the association between demographic variables, such as race and gender, and patient consent policy preferences for health information exchange as well as self-report by VHA enrollees of information continuity between Veterans Health Administration (VHA) and community non-VHA heath care providers.
Materials and Methods
Data were collected between March 25, 2016 and August 22, 2016 in an online survey of 19 567 veterans. Three questions from the 2016 Commonwealth Fund International Health Policy Survey, which addressed care continuity, were included. The survey also included questions about consent policy preference regarding opt-out, opt-in, and “break the glass” consent policies.
Results
VHA enrollees had comparable proportions of unnecessary laboratory testing and conflicting information from providers when compared with the United States sample in the Commonwealth Survey. However, they endorsed medical record information being unavailable between organizations more highly. Demographic variables were associated with gaps in care continuity as well as consent policy preferences, with 56.8% of Whites preferring an opt-out policy as compared with 40.3% of Blacks, 44.9% of Hispanic Latinos, 48.3% of Asian/Pacific Islanders, and 38.3% of Native Americans (P < .001).
Discussion
Observed large differences by race and ethnicity in privacy preferences for electronic health information exchange should inform implementation of these programs to ensure cultural sensitivity. Veterans experienced care continuity comparable to a general United States sample, except for less effective exchange of health records between heath care organizations. VHA followed an opt-in consent policy at the time of this survey which may underlie this gap.

Researcher and study participants’ perspectives of consent in clinical studies in four referral hospitals in Vietnam

Researcher and study participants’ perspectives of consent in clinical studies in four referral hospitals in Vietnam
Nguyen Thi Thanh Thuy, Le Nguyen Thanh Nhan, Nguyen Van Vinh Chau, Nguyen Thi Phuong Dung
BMC Medical Ethics, 2020; pp 1-12
Abstract
Background
Within the research community, it is generally accepted that consent processes for research should be culturally appropriate and tailored to the context, yet researchers continue to grapple with what valid consent means within specific stakeholder groups. In this study, we explored the consent practices and attitudes regarding essential information required for the consent process within hospital-based trial communities from four referral hospitals in Vietnam.
Methods
We collected surveys from and conducted semi-structured interviews with study physicians, study nurses, ethics committee members, and study participants and family members regarding their experiences of participating in research, their perspectives toward research, and their views about various elements of the consent process.
Results
In our findings, we describe three interrelated themes related to the consent process: (1) words and regulation; (2) reimbursement, suspicions, and joining; and (3) responsibilities. In general, stakeholders had highly varied perspectives of nghiên cứu (Eng.: research) and researchers used varying levels of detail regarding all aspects of the study in the consent process to build trust with and/or promote potential research participants’ choices about taking part in research. Findings additionally highlight how researchers felt that offering financial reimbursements in a hospital setting, where payment for services was routine, would be unfamiliar to participants and could raise suspicions about the research. Participants, however, focused their discussions on reimbursement or alternative reasons for joining the study, such as health related benefits or altruism. Finally, participants often relied on their physician to help them decide about joining a study or not.
Conclusion
Further research is needed to understand how researchers and participants make sense of and practice consent, and how that impacts participants’ decision-making about research participation. To promote valid consent within this context, it is important to engage with hospital-based trial communities as a whole. The data from this study will inform future research on consent, guide the revisions of consent related policies within our research sites and point to several larger issues surrounding researcher-participant expectations, communication, and trust.