Issues of consent and assent in pediatric neurosurgery
Review Article
Rajeev D. Sen, Amy Lee, Samuel R. Browd, Richard G. Ellenbogen, Jason S. Hauptman
Child’s Nervous System, 17 October 2020
Abstract
Background
Consent and assent are important concepts to understand in the care of pediatric neurosurgery patients. Recently it has been recommended that although pediatric patients generally do not have the legal capacity to make medical decisions, they be encouraged to be involved in their own care. Given the paucity of information on this topic in the neurosurgery community, the objective is to provide pediatric neurosurgeons with recommendations on how to involve their patients in medical decision-making.
Methods
We review the essential elements and current guidelines of consent and assent for pediatric patients using illustrative neurosurgical case vignettes.
Results
The pediatric population ranges widely in cognitive and psychological development making the process of consent and assent quite complex. The role of the child or adolescent in medical decision-making, issues associated with obtaining assent or dissent, and informed refusal of treatment are considered.
Conclusion
The process of obtaining consent and assent represents a critical yet often overlooked aspect to care of pediatric neurosurgical patients. The pediatric neurosurgeon must be able to distill immensely complex and high-risk procedures into simple, understandable terms. Furthermore, they must recognize when the child’s dissent or refusal to treatment is acceptable. In general, allowing children to be involved in their neurosurgical care is empowering and gives them both identity and agency, which is the vital first step to a successful neurosurgical intervention.
Year: 2020
Who Are We Missing? The Impact of Requiring Parental or Guardian Consent on Research With Lesbian, Gay, Bisexual, Trans, Two-Spirit, Queer/Questioning Youth
Who Are We Missing? The Impact of Requiring Parental or Guardian Consent on Research With Lesbian, Gay, Bisexual, Trans, Two-Spirit, Queer/Questioning Youth
Adolescent Health Brief
Eli Cwinn, Courtney Cadieux, Claire V. Crooks
Journal of Adolescent Health, 13 October 2020
Open Access
Abstract
Purpose
The purpose was to examine whether a requirement for parental or guardian consent systematically limits which lesbian, gay, bisexual, trans, two-spirit, queer/questioning (LGBT2Q+) youth participate in research.
Methods
A total of 60 LGBT2Q+ youth (aged 14–18 years) completed measures assessing gender and sexual minority identity, depression and anxiety, help-seeking intentions, and social support.
Results
A substantial proportion (37.6%) of youth reported that they would not have participated in the research if parental or guardian consent was required. Those who would not have participated had more negative attitudes about their sexual and gender identity, less family support, lower levels of help-seeking intentions, and higher levels of negative affect.
Conclusions
The results suggest that requiring parental or guardian consent may exclude the most at-risk youth. Policy and practice decisions regarding the health and mental health outcomes of LGBT2Q+ youth might be based on incomplete and unrepresentative data.
How acceptable is adolescent self-consent for the HPV vaccination: Findings from a qualitative study in south-west England
How acceptable is adolescent self-consent for the HPV vaccination: Findings from a qualitative study in south-west England
Suzanne Audrey, Michelle Farr, Marion Roderick, Karen Evans, Harriet Fisher
Vaccine, 9 October 2020
Open Access
Abstract
Background
Human Papillomavirus (HPV) vaccination programmes have the potential to reduce the incidence of cervical cancer. The preferred age for HPV vaccination is 12–13 years for optimal benefit. The legal framework in England allows adolescents to be vaccinated without parental consent if they are assessed as competent. A ‘South West Template Pathway on Self Consent for School Aged Immunisations’ was developed to improve uptake of immunisations in south-west England.
Study aim
To examine how acceptable the new procedures are to the young women, parents and carers, school staff and immunisation nurses involved.
Methods
The research was undertaken in two local authorities in south-west England during the 2017/18 and 2018/19 programme years. Semi-structured digitally recorded interviews were undertaken with 53 participants: one health service manager, three immunisation nurses, five staff at alternative education providers, three staff at mainstream schools, 19 young women and 22 parents. All recordings were transcribed verbatim and thematic analysis was undertaken, assisted by NVivo software.
Results
Most participants were not fully aware of the legal framework that enables a young person to self-consent to vaccination. There was a strong presumption that parents should make decisions affecting the health of their children. The preferred age at which the HPV vaccination is administered (12–13 years) contributed to reluctance in endorsing self-consent which was thought to have the potential to break down trust between parents and school staff, and within families. In practice, formal self-consent was rare.
Conclusion
Unresolved issues in relation to adolescent self-consent include public and professional perceptions of young people’s rights and abilities to take responsibility for decisions affecting their health, and concerns about the impact of self-consent on relationships both within families and between professionals and the families they serve.
Adolescent Barriers to HIV Prevention Research: Are Parental Consent Requirements the Biggest Obstacle?
Adolescent Barriers to HIV Prevention Research: Are Parental Consent Requirements the Biggest Obstacle?
Original Article
Seema K. Shah, Zaynab Essack, Katherine Byron, Catherine Slack, Daniel Reirden, Heidi van Rooyen, Nathan R. Jones, David S. Wendler
Journal of Adolescent Health, 1 October 2020; 67(4) pp 495-501
Abstract
Purpose
One third of people newly living with HIV/AIDS are adolescents. Research on adolescent HIV prevention is critical owing to differences between adolescents and adults. Parental permission requirements are often considered a barrier to adolescent enrollment in research, but whether adolescents view this barrier as the most important one is unclear.
Methods
Adolescents were approached in schools in KwaZulu-Natal, South Africa, and at a sexually transmitted infection clinic at the Children’s Hospital of Aurora, Colorado. Surveys with a hypothetical vignette about participation in a pre-exposure prophylaxis trial were conducted on smartphones or tablets with 75 adolescents at each site. We calculated descriptive statistics for all variables, using 2-sample tests for equality of proportions with continuity correction. Statistical significance was calculated at p < 0.05. Multivariate analyses were also conducted.
Results
Most adolescents thought side effects (77%) and parental consent requirements (69%) were very important barriers to research participation. When asked to rank barriers, adolescents did not agree on a single barrier as most important, but the largest group of adolescents ranked parental consent requirements as most important (29.5%). Parental consent was seen as more of a barrier for adolescents in South Africa than in the United States. Concerns about being experimented on or researchers’ mandatory reporting to authorities were ranked much lower. Finally, most (71%, n = 106) adolescents said they would want to extra support from another adult if parental permission was not required.
Conclusion
Adolescents consider both parental permission requirements and side effects important barriers to their enrollment in HIV prevention research. Legal reform and better communication strategies may help address these barriers.
Informed Consent and Health: A Global Analysis, Thierry Vansweevelt and Nicola Glover-Thomas (eds) [BOOK REVIEW]
Informed Consent and Health: A Global Analysis, Thierry Vansweevelt and Nicola Glover-Thomas (eds) [BOOK REVIEW]
Craig Purshouse
Medical Law Review, 28 October 2020
Excerpt
The English law of ‘informed consent’, which regulates what information doctors should provide to patients, has been influenced by, and influenced, other jurisdictions. In Sidaway v Bethlem Royal Hospital, Lord Scarman (in the minority) referred to the ‘transatlantic doctrine of informed consent’ and endorsed the prudent patient test as the determinant of information disclosure. The majority of the House of Lords, however, rejected the patient-friendly approach prevalent in the USA and Canada and, instead, adopted the Bolam standard of disclosure, whereby doctors would escape liability provided they complied with peer opinion regarding what information should be disclosed to patients. The High Court of Australia chose a different path…
14-Year-Old Schoolchildren Can Consent to Get Vaccinated in Tyrol, Austria: What Do They Know about Diseases and Vaccinations?
14-Year-Old Schoolchildren Can Consent to Get Vaccinated in Tyrol, Austria: What Do They Know about Diseases and Vaccinations?
Peter Kreidl, Maria-Magdalena Breitwieser, Reinhard Würzner, Wegene Borena
Vaccines, 15 October 2020
Open Access
Abstract
In Austria, consent to receiving vaccines is regulated at the federal state level and in Tyrol, children aged 14 years are allowed to consent to receiving vaccination. In August 2017, we investigated determinants associated with vaccine hesitancy, having been vaccinated against measles and human papillomavirus (HPV) and the intention to vaccinate among schoolchildren born in 2002 and 2003. Those who consider measles and HPV a severe disease had a significantly higher intention to be vaccinated (prevalence ratio (PR) of 3.5 (95% CI 1.97–6.32) for measles and a PR of 3.2 (95% CI 1.62–6.35) for HPV). One-third of the participants (32.4%; 95% CI 27.8–37.4) were not aware that they are allowed to consent to receiving vaccines. The most common trusted source reported by respondents (n = 311) was the medical doctor (80.7%; 95% CI 75.7–84.7). The main finding related to the aim of the study was that the proportion of objectors is below 4% and therefore it should still be possible to reach measles elimination for which a 95% uptake is necessary. Although the proportion of objectors is not higher compared to adults, we recommend to intensify health education to increase health literacy.
Spanish online survey on informed consent for the performance of paracentesis. Do we have it? Do we use it?
Spanish online survey on informed consent for the performance of paracentesis. Do we have it? Do we use it?
Javier Jiménez Sánchez, Lidia Serrano Díaz, Diana Chuni Jiménez, Miguel Ruiz Moreno, Blanca Gallego Pérez, Carmen María Marín Bernabé, María Gómez Lozano, Daniel García Belmonte, Rosa Gómez Espín, Isabel Nicolás de Prado, José Enrique Hernández Ortuño, Esperanza Egea Simón, Juan José Martínez Crespo
Revista Española de Enfermedades Digestivas, 15 October 2020
Abstract
Introduction
informed consent is necessary for invasive procedures as a document that guarantees the ethical health relationship and patient safety.
Aims
to analyze whether we have and use informed consent documents for paracentesis in our hospitals and to obtain data on the technique.
Methods
a descriptive observational study was performed during December 2019, via a cross-sectional survey disseminated through social networks, aimed at specialists and residents of gastroenterology.
Results
two hundred and three anonymous surveys were included (55.2 % gastroenterologist and 44.8 % residents) from 74 hospitals in 34 Spanish provinces. Ninety respondents (44.3 %) stated that they had the document in their centers. Of these, 29 (32.2 %) always provided it, 31 (34.4 %) provided it sometimes and 21 (23.3 %) never. Seventy-two professionals (35.5 %) answered that they did not have it and 41 (20.5 %) selected “unknown”. Of these, 77 (68.1 %) considered it was necessary to create this document, 31 (27.4 %) did not think it was necessary and five (4.4 %) did not answer. With regards to the technique, 173 (85.2 %) performed paracentesis under direct visualization and 30 (14.8 %) were eco-guided on most occasions. One hundred and nine (53.7 %) always applied local anesthetic, 80 (39.4 %) sometimes and 14 (6.9 %) did not. One hundred and sixty-seven respondents (82.3 %) considered it to be a simple technique versus 36 (17.7 %) who thought that it was of intermediate complexity. In terms of risk, 150 (73.5 %) considered it was low and 52 (25.6 %), medium. Ninety-nine (48.8 %) experienced minor complications and 37 (18.2 %) experienced major complications.
Conclusions
paracentesis is a common technique in digestive services and could be associated with complications, even though it is considered to be simple and safe. Due to the important intra- and inter-hospital variability that this technique presents, we consider standardized training in this technique is necessary, as well as the creation, spread and use of informed consents.
Approach to Informed Consent in Telepsychiatric Service: Indian Perspective
Approach to Informed Consent in Telepsychiatric Service: Indian Perspective
Guru S Gowda, Arun Enara, Furkhan Ali, Mahesh R Gowda, Chethan Basavarajappa, Channaveerachari Naveen Kumar, Suresh Bada Math
Indian Journal of Psychological Medicine, 14 October 2020
Open Access
Abstract
Consent is an essential and important medico-legal prerequisite for a patient’s treatment. This necessitates the service provider to participate in the informed consent process and discuss the risk-benefit of the proposed treatment, the best available treatment, engage in shared decision-making process, opportunity to convey their view and thereby limit chances of legal liability for all parties. The clinician should have ample knowledge and skill pertaining to the informed consent process and also have adequate understanding of medical ethics and law. This article provides an overview on informed consent pertaining to telepsychiatric services in India.
The value of communities and their consent: A communitarian justification of community consent in medical research
The value of communities and their consent: A communitarian justification of community consent in medical research
Original Article
Pepijn Al
Bioethics, 20 October 2020
Abstract
Community engagement is increasingly defended as an ethical requirement for biomedical research. Some forms of community engagement involve asking the consent of community leaders prior to seeking informed consent from community members. Although community consent does not replace individual consent, it could problematically restrict the autonomy of community members by precluding them from research when community leaders withhold their permission. Community consent is therefore at odds with one of the central principles of bioethics: respecting autonomy. This raises the question as to how community consent can be justified or even required. This paper aims to provide an answer to this question by arguing, based on the work of Taylor and Kymlicka, that community practices are important for the identity and autonomy of community members. When these practices are incompatible with a solitary focus on individual informed consent, they need to be protected by making these decision‐making practices (including asking permission to community authorities) part of the consent process. Since these decision‐making practices are important for the autonomy of community members, community consent with the goal of protecting these practices is not necessarily in conflict with autonomy.
Identification of Informed Consent in Patient Videos on Social Media: Prospective Study
Identification of Informed Consent in Patient Videos on Social Media: Prospective Study
Original Paper
Jane O’Sullivan, Cathleen McCarrick, Paul Tierney, Donal B O’Connor, Jack Collins, Robert Franklin
JMIR Medical Education, 13 October 2020; 6(2)
Open Access
Abstract
Background
The American Medical Association Code of Medical Ethics states that any clinical image taken for public education forms part of the patient’s records. Hence, a patient’s informed consent is required to collect, share, and distribute their image. Patients must be informed of the intended use of the clinical image and the intended audience as part of the informed consent.
Objective
This paper aimed to determine whether a random selection of instructional videos containing footage of central venous catheter insertion on real patients on YouTube (Google LLC) would mention the presence of informed consent to post the video on social media.
Methods
We performed a prospective evaluation by 2 separate researchers of the first 125 videos on YouTube with the search term “central line insertion.” After duplicates were deleted and exclusion criteria applied, 41 videos of patients undergoing central line insertion were searched for reference to patient consent. In the case of videos of indeterminate consent status, the posters were contacted privately through YouTube to clarify the status of consent to both film and disseminate the video on social media. A period of 2 months was provided to respond to initial contact. Furthermore, YouTube was contacted to clarify company policy. The primary outcome was to determine if videos on YouTube were amended to include details of consent at 2 months postcontact. The secondary outcome was a response to the initial email at 2 months.
Results
The researchers compiled 143 videos. Of 41 videos that contained footage of patient procedures, 41 were of indeterminate consent status and 23 contained identifiable patient footage. From the 41 posters that were contacted, 3 responded to initial contact and none amended the video to document consent status. Response from YouTube is pending.
Conclusions
There are instructional videos for clinicians on social media that contain footage of patients undergoing medical procedures and do not have any verification of informed consent. While this study investigated a small sample of available videos, the problem appears ubiquitous and should be studied more extensively.