Obligation, Informed Consent, and Health-Care Reforms in China

Obligation, Informed Consent, and Health-Care Reforms in China
Jia Liu
Asian Journal of Law and Society, 1 April 2024
Abstract
Drawing on recent jurisprudential literature that emphasizes the role and function performed by obligation, this article examines how the ethical doctrine of informed consent has been implemented in the context of health-care reforms in China. It argues that, while the Chinese incorporation of informed consent has sought to empower patients, the major medical laws and social policies fail to instantiate the obligations. Along with this failure, the Chinese medical laws have also failed to secure the bond of trust between them. This article also points out that a rounded analysis of the implementation of informed consent in China must take into account the obligation and function of the major components of the health-care delivery system other than physicians and hospitals, such as health-care insurance schemes.

Patients’ comprehension and satisfaction with informed consent at day surgery unit at King Khalid University Hospital, Riyadh, Saudi Arabia

Patients’ comprehension and satisfaction with informed consent at day surgery unit at King Khalid University Hospital, Riyadh, Saudi Arabia
Original Article
Sulaiman A Alshammari, Suliman Ahmed Aldhalaan, Abdulaziz Mohammed Alqahtani, Ahmed Tawfik Khoja, Ghaith Uthman Alkhulayfi, Meshal Abdulaziz Aljudai
International Journal of Medicine in Developing Countries, 12 February 2024
Open Access
Abstract
Background
Informed Consent (IC) is a crucial element in medical practice and research. However, additional research is needed to assess the quality of IC in Middle Eastern regions, including Saudi Arabia. This study aimed to measure surgical patients’ comprehension and satisfaction with IC and related factors at King Khalid University Hospital (KKUH).
Methods
This cross-sectional study investigated postsurgical patients’ satisfaction and comprehension of IC at the day surgery unit at KKUH from August to December 2022. Data collection was done through an online questionnaire.
Results
A total of 387 patients participated in this study, with over half (56.1%) being women (mean age = 41.4 ± 13.4). More than 88% of the patients were satisfied with all IC components. Patients aged 26-45 reported the highest levels of IC understanding (54.9%, p < 0.05), and female patients demonstrated higher overall comprehension compared to male patients (p = 0.088). Those with higher education and income had the highest comprehension scores (61.2%, p < 0.05) and (28.4%, p < 0.05), respectively. Only 54% of patients read the IC form and were aware of who provided them with the forms. Approximately 92% of the patients signed the IC form themselves, and 72% required less than an hour to consent.
Conclusion
Middle-aged patients, women, and those with a high level of education exhibited the highest overall IC comprehension and satisfaction. The findings underscore the importance of personnel delivering therapy introducing themselves and indicating their involvement in the team. The future of the IC process lies in electronic standardization through the use of “Esihi,” KKUH’s current electronic record system.

A Survey Of Awareness And Practices Of Informed Consent Among Dentists In Rawalpindi And Islamabad, Pakistan

A Survey Of Awareness And Practices Of Informed Consent Among Dentists In Rawalpindi And Islamabad, Pakistan
Shaista Rafi, Hina Khan, Muhammad Hamza Hussain, Hira Aslam, Yousra Khan, Hala Hidayat
Pakistan Oral & Dental Journal, 29 March 2024
Abstract
Objective
The aim was to determine the awareness and practices of dental professionals about informed consent among various levels of qualification. A total of 129 dentists from Rawalpindi and Islamabad were included by convenience sampling technique.
Methodology
Dentists practicing clinically in Rawalpindi and Islamabad were included. Undergraduate dental students, dental technicians and dental assistants were excluded.
Results
Data was collected using an especially developed questionnaire, and analyzed using SPPS through chi-square tests. The mean age was 33.89±7.57 years. A total of 126 dentists (96.67%), including 45 females (34.88%) and 84 males (65.12%), were familiar with informed consent. The most frequently reported “basic element of Informed Consent” was confidentiality (n=50, 38.76%), followed by treatment alternatives (n=33, 25.58%), and all of these (n=29, 22.48%). The most frequently reported “main purpose of Informed Consent” was legal (n=128, 18.12%), followed by ethical (n=45, 35.16%), and all of these (n=51, 39.72%). Most of the participants said they take Informed Consent prior to treatment (n=103, 79.84%), stating that it is not a waste of time (n=69, 53.49), that they take it verbally (n=107, 82.95%), and that the minimum age to sign Informed Consent by oneself is above 18 years (n=109, 84.5%). Only 6 (4.65%) said they provide a copy of Informed Consent to patients.
Conclusion
There was lack of awareness and good practices among dental professionals regarding the process of taking informed consent. More qualified dentists reported better awareness and practices compared to less qualified dentists. Only few dental professionals have the habit of obtaining written Informed Consent.

Michigan: Parental Consent Law for Abortion Harms Young People – New Report Examines Law and Calls for Repeal

Michigan: Parental Consent Law for Abortion Harms Young People – New Report Examines Law and Calls for Repeal
Human Rights Watch, 28 March 2024
Summary

  • A Michigan law that requires a young person to obtain parental consent to have an abortion threatens the health and safety of youth in the state and violates their human rights.
  • In some cases, disclosing a pregnancy to a parent will result in abuse or being forced to leave home or continue the pregnancy, and judicial bypass can be subjective and cause delays.
  • Michigan’s forced parental consent for abortion law should be immediately repealed to ensure young people’s safety and dignity.

Informed Consent and Digit Replantation: Current State and Recommendations for Ethical Patient Care

Informed Consent and Digit Replantation: Current State and Recommendations for Ethical Patient Care
Emily Gudbranson, Adnan Prsic, Ashley Pistorio, David L. Colen
The Journal of Hand Surgery, 18 April 2024
Abstract
The importance of informed consent and the value of shared decision-making in hand surgery are well-established and particularly critical in the setting of digit amputation when considering replantation. Informed consent requires an understanding of not only the immediate and long-term risks and benefits of surgery, as well as the risks and alternatives involved, but also the capacity of the patient to make a medical decision. However, patients who have acutely sustained a disfiguring trauma are often in distress and may not fully process the consent discussion. Digit replantation is an “elective emergency”—the decision must be made immediately but is not lifesaving—which poses a difficult dilemma: are surgeons acting in patients’ best interests by pursuing replantation if we engage those patients in informed consent discussions when they may not have capacity? This article explores the relevant bioethical principles associated with digit replantation, summarizes updated literature regarding informed consent and shared decision-making, and provides recommendations for patient education materials to standardize informed consent discussions for surgeons approaching patients at this unique intersection of considering revision amputation versus replantation.

Informed consent in clinical practice: Old problems, new challenges

Informed consent in clinical practice: Old problems, new challenges
Research Article
Isaac KS Ng
Journal of the Royal College of Physicians of Edinburgh, 14 April 2024
Abstract
Informed consent is a fundamental tenet of patient-centred clinical practice as it upholds the ethical principle of patient autonomy and promotes shared decision-making. In the medicolegal realm, failure to meet the accepted standards of consent can be considered as medical negligence which has both legal and professional implications. In general, valid consent requires three core components: (1) the presence of mental capacity – characterised by the patient’s ability to comprehend, retain information, weigh options and communicate the decision, (2) adequate information disclosure – based on the ‘reasonable physician’ or ‘reasonable patient’ standards and (3) voluntariness in decision-making. Nonetheless, in real-world clinical settings, informed consent is not always optimally achieved, due to various patient, contextual and systemic factors. In this article, I herein discuss three major challenges to informed consent in clinical practice: (1) patient literacy and sociocultural factors, (2) psychiatric illnesses and elderly patients with cognitive impairment and (3) artificial intelligence in clinical care, and sought to offer practical mitigating strategies to address these barriers.

Preparing Patients for Oral Immunotherapy (PPOINT): International Delphi consensus for procedural preparation and consent

Preparing Patients for Oral Immunotherapy (PPOINT): International Delphi consensus for procedural preparation and consent
Douglas P. Mack, Timothy E. Dribin, Paul J. Turner, Richard L. Wasserman, Mariam A. Hanna, Marcus Shaker, Mimi L.K. Tang, Pablo Rodríguez del Río, Brad Sobolewski, Elissa M. Abrams, Aikaterini Anagnostou, Stefania Arasi, Sakina Bajowala, Philippe Bégin, Scott B. Cameron, Edmond S. Chan, Sharon Chinthrajah, Andrew T. Clark, Paul Detjen, George du Toit, Matthew Greenhawt
Journal of Allergy and Clinical Immunology, 8 April 2024
Abstract

Background
Despite the promise of oral immunotherapy (OIT) to treat food allergies, this procedure is associated with potential risk. There is no current agreement about what elements should be included in the preparatory or consent process.
Objective
We developed consensus recommendations about the OIT process considerations and patient-specific factors that should be addressed before initiating OIT and developed a consensus OIT consent process and information form.
Methods
We convened a 36-member Preparing Patients for Oral Immunotherapy (PPOINT) panel of allergy experts to develop a consensus OIT patient preparation, informed consent process, and framework form. Consensus for themes and statements was reached using Delphi methodology, and the consent information form was developed.
Results
The expert panel reached consensus for 4 themes and 103 statements specific to OIT preparatory procedures, of which 76 statements reached consensus for inclusion specific to the following themes: general considerations for counseling patients about OIT; patient- and family-specific factors that should be addressed before initiating OIT and during OIT; indications for initiating OIT; and potential contraindications and precautions for OIT. The panel reached consensus on 9 OIT consent form themes: benefits, risks, outcomes, alternatives, risk mitigation, difficulties/challenges, discontinuation, office policies, and long-term management. From these themes, 219 statements were proposed, of which 189 reached consensus, and 71 were included on the consent information form.
Conclusion
We developed consensus recommendations to prepare and counsel patients for safe and effective OIT in clinical practice with evidence-based risk mitigation. Adoption of these recommendations may help standardize clinical care and improve patient outcomes and quality of life.

Valid consent in the acute hospital setting: perspectives of patients and members of the public

Valid consent in the acute hospital setting: perspectives of patients and members of the public
Original Article
Živa Kovic, Motheo Kobua, Mary Fogarty, Claire L. Donohoe, Michael E. Kelly, Gerard J. Fitzmaurice, Mella Fitzgerald, Paul Zambra, Una Geary, Marie E. Ward
Irish Journal of Medical Science, 5 April 2024
Open Access
Abstract
Background
People who interact with healthcare services have an ethical and legal right to control their own lives, to make informed decisions, and to consent to what happens to them. For consent to be considered ethically and legally valid, three key criteria must be met: consent must be given voluntarily; people must be sufficiently informed of all options; and people should have capacity to make the decision to give or withhold their consent.
Aim
This study set out to explore, through the use of surveys, the perspectives of patients and public in relation to consent.
Method
Surveys were developed for patients and the public and administered paper based (patients) and through social media (public).
Results
One hundred and forty surveys were posted to patients, with a 38% response rate; 104 responses were received from the public. Ninety-six percent of patients were satisfied that the decision they made was informed; 100% felt they had made a voluntary decision; 98% felt the clinician seemed knowledgeable about the procedure. What matters most to the public were being informed about the risks associated with the proposed procedure and being assured that whatever choice they make they will receive the best care possible.
Conclusions
The results highlight interesting similarities and differences in relation to consent between members of the public thinking about a possible treatment, surgery, or procedure and those patients who have actually been through the process in the past 12 months. Recommendations have been developed on the basis of these findings to co-design improvements in consent practices.

Standardized Informed Consent Form for Clinicians Administering Platelet-Rich Plasma

Standardized Informed Consent Form for Clinicians Administering Platelet-Rich Plasma
Satvik N. Pai, Naveen Jeyaraman, Ravichandran Venkatasalam, Ravi VR, Swaminathan Ramasubramanian, Sangeetha Balaji, Arulkumar Nallakumarasamy, Shilpa Sharma, Bishnu P. Patro, Madhan Jeyaraman
Cureus, 3 April 2024; 16(4)
Abstract
Introduction
When it comes to medico-legal malpractice suits, lawyers and insurers tend to focus on informed consent documentation. Unfortunately, there is no standard protocol for obtaining informed consent for the use of platelet-rich plasma (PRP) injections, which might cause problems. This study aimed to mitigate this concern through the development of a standardized informed consent document for PRP injections, grounded in evidence-based practices.
Materials and methods
An examination of databases was conducted to explore the medico-legal ramifications associated with PRP injections, as well as the broader topic of informed consent, with a particular focus on the context of PRP injections. Moreover, interviews were carried out with healthcare providers and individuals who had received PRP injections within the preceding year, utilizing a semi-structured methodology.
Results
We developed an evidence-based informed consent document tailored for PRP injections. To guarantee its legal validity, the document underwent review by a legal specialist. Subsequently, our institutions implemented the finalized form for PRP injection procedures over one year.
Conclusion
A legally valid and evidence-based informed consent form for PRP injections would ensure patient’s rights, and encourage open communication and transparency between them and the doctor. Moreover, if a lawsuit were to arise, it would serve as a critical document in the doctor’s defense and withstand scrutiny from lawyers and the judiciary.

Informed consent in endoscopy: read, understood, or just signed?

Informed consent in endoscopy: read, understood, or just signed?
Ana Catarina Carvalho, Ricardo Cardoso, Hugo Marcelo Vieira, Américo Silva
iGIE, 2 April 2024
Abstract
Background And Study Aims
While informed consent is a requirement for all interventional procedures such as those in gastrointestinal endoscopy, its standardization is a challenge. While very thorough documents have been proposed, it is unknown whether patients actually read them. We intended to evaluate if patients read and understand informed consent forms and information leaflets for gastrointestinal endoscopy.
Patients And Methods
This single center prospective observational study was performed between April 2021 and April 2022 and included adult patients proposed for outpatient elective esophagogastroduodenoscopy and colonoscopy. Informed consent forms and information leaflets were mailed to patients, with a small text instruction added to the informed consent form. Prior to endoscopy it was assessed whether patients adequately read the informed consent form, based on patient signature, table questionnaire completion and performance of the text instruction.
Results
The study included 232 patients (50.6% males, mean age 63.8±12.76 years). Most had only basic education (78.0%) and had previously undergone gastrointestinal endoscopy (90.6%). 86.6% of patients stated they had read the form while 13.4% did not. While most signed the form (83.6%), only 24.6% adequately read and understood it. No statistically significant association between informed consent form adequate reading and any of the assessed variables was found.
Conclusions
Despite the timely provision of information, most patients do not read or adequately understand the provided documents. It is necessary to develop new strategies to enhance patients’ involvement in decision making, improving the doctor-patient relationship in obtaining informed consent.

Editor’s note: iGIE is published by Elsevier Inc. on behalf of American Society for Gastrointestinal Endoscopy.