Living bioethics, theories and children’s consent to heart surgery

Living bioethics, theories and children’s consent to heart surgery
Research Article
Priscilla Alderson, Deborah Bowman, Joe Brierley, Nathalie Dedieu, Martin J Elliott, Jonathan Montgomery, Hugo Wellesley
Clinical Ethics, 7 April 2022
Abstract
Background
This analysis is about practical living bioethics and how law, ethics and sociology understand and respect children’s consent to, or refusal of, elective heart surgery. Analysis of underlying theories and influences will contrast legalistic bioethics with living bioethics. In-depth philosophical analysis compares social science traditions of positivism, interpretivism, critical theory and functionalism and applies them to bioethics and childhood, to examine how living bioethics may be encouraged or discouraged. Illustrative examples are drawn from research interviews and observations in two London paediatric cardiac units. This paper is one of a series on how the multidisciplinary cardiac team members all contribute to the complex mosaic of care when preparing and supporting families’ informed consent to surgery.
Results
The living bioethics of justice, care and respect for children and their consent depends on theories and practices, contexts and relationships. These can all be undermined by unseen influences: the history of adult-centric ethics; developmental psychology theories; legal and financial pressures that require consent to be defined as an adult contract; management systems and daily routines in healthcare that can intimidate families and staff; social inequalities. Mainstream theories in the clinical ethics literature markedly differ from the living bioethics in clinical practices.
Conclusion
We aim to contribute to raising standards of respectful paediatric bioethics and to showing the relevance of virtue and feminist ethics, childhood studies and children’s rights.

Who Decides?: Informed Consent Doctrine Applied to Denial of Reproductive Health Care Information at Crisis Pregnancy Centers

Who Decides?: Informed Consent Doctrine Applied to Denial of Reproductive Health Care Information at Crisis Pregnancy Centers
Kassandra DiPietro
Iowa Law Review, March 2022; 107(3) pp 1253-1281
Abstract
Crisis pregnancy centers are largely religiously affiliated organizations that advertise pregnancy support but often do not provide full and accurate information about abortion or contraception. Often attacked for false advertising and operating without medical licenses, crisis pregnancy centers recently have begun converting to medical centers with medical staff on site. Since medical providers owe additional duties to their patients, crisis pregnancy centers operated by medical staff must follow additional procedures, such as providing informed consent. Informed consent doctrine is based on the idea of autonomous decision-making and requires medical providers to accurately inform patients of their viable medical options. Even though crisis pregnancy centers often fail to inform people about critical reproductive health care, people who visit crisis pregnancy centers still would have difficulty bringing a claim of informed consent against these centers. Applying informed consent doctrine to crisis pregnancy centers highlights the discrepancy between the philosophical purpose of informed consent and the doctrine in practice today. Courts should loosen the causation and injury requirements for informed consent doctrine, at least in reproductive health care cases. Making this change would be the first step in holding crisis pregnancy centers accountable and could help courts more accurately apply reproductive-specific tort claims generally.

Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination

Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination
Book Chapter
Cathal Doyle
Research Handbook on the International Law of Indigenous Rights, 12 April 2022; pp 96-128 [Edward Elgar]
Abstract
This chapter examines the development of free prior and informed consent (FPIC) norms in the international law of Indigenous rights. The first section traces the international law lineage of FPIC from initial colonial encounters through to contemporary Indigenous rights instruments. The second part probes more deeply into the cotemporary concept of FPIC based on extensive jurisprudence and recommendations, linking FPIC to self-determination and non-discrimination. The third part provides some perspective on state measures undertaken to implement FPIC and closes with attention to roles taken up by Indigenous peoples themselves in doing so.

Tips for Managing Ethical Challenges in Advance Care Planning: A Qualitative Analysis of Japanese Practical Textbooks for Clinicians

Tips for Managing Ethical Challenges in Advance Care Planning: A Qualitative Analysis of Japanese Practical Textbooks for Clinicians
Article
Environmental Research and Public Health, 9 April 2022
Yoshihisa Hirakawa, Kaoruko Aita, Mitsunori Nishikawa, Hidenori Arai, Hisayuki Miura
Abstract
Background
While advance care planning (ACP) provides healthcare professionals with valuable tools to meet patients’ needs in a person-centered manner, several potential ethical challenges are inherent to the process. However, recent studies have largely focused on ACP practicalities such as implementation, execution, and completion rather than on the ethical challenges that clinicians routinely encounter in ACP practices.
Research question/aim/objectives
This study aimed to identify tips for clinicians managing ethical challenges in ACP practices.
Methods
It performed a brief search for all Japanese published books pertaining to ACP practice available as of January 2021 using the keywords “advance care planning (ACP)” and “autonomy” and analyze the content of nine practical ACP textbooks for clinicians.
Results
Two major themes capturing the essential recommendations for managing ethical challenges in ACP were ultimately identified, namely interprofessional ethics and informed consent.
Conclusion
The findings suggested tips for managing ethical challenges in ACP: refer to ethical frameworks for interprofessional collaboration and ethical decision making, assess decision-making capacity of family substitute decision makers and one’s eligibility for the role, understand the standard process of informed consent and how to handle situations when the patient are not well informed about the diagnosis and prognosis of non-cancer illness.

Study about Informed Consent for Surgical Care in East Africa

Study about Informed Consent for Surgical Care in East Africa
Richard Wismayer
New Horizons in Medicine and Medical Research, 6 April 2022; 3 pp 210-215
Abstract
In the developed world, informed surgical consent is one of the pillars of ethical conduct in surgical practise. Only a few researchers in low-income developing countries have investigated the practise of pre-operative surgical consent. During the informed consent process, the patient has the right to make an autonomous and independent decision about his or her surgical treatment after the surgeon caring for the patient has provided the necessary information. The World Medical Association (WMA) Declaration of Lisbon encourages patient autonomy and independent decision-making. Informed consent in surgical practise may be influenced by factors such as family and cultural background, education, religion, and socioeconomic status. Few studies have reviewed consent practises among surgeons in East Africa to document best surgical practises and identify areas for improvement in the East African setting. The purpose of this review was to report on the authors’ personal experiences with surgical consent among Ugandan surgeons, as well as to discuss the specific challenges faced in East Africa. In Uganda, informed consent administration and documentation remain deficient. In medical schools, better medical ethics education and communication skills training are required. For fully trained surgeons, refresher courses in medical ethics and communication skills may also be required.

Examining Informed Consent Processes for Indigenous families in Research: A Scoping Review Protocol

Examining Informed Consent Processes for Indigenous families in Research: A Scoping Review Protocol
Cindy Peltier, Lorrilee McGregor, Mia Bourque, Irina Oltean, Nancy Young
Open Science Forum, 4 April 2022
Abstract
Introduction
Though numerous research pursuits in Indigenous communities have been undertaken, very few have consistently addressed community priorities, or collaborated with Indigenous peoples throughout the research process. This scoping review protocol proposes to explore the existing wise consent processes that respect the rights of Indigenous families (parents, children), and Indigenous community protocols.
Methods and analysis
The Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) guidelines for conducting scoping reviews will be followed closely. All primary and theoretical studies of any design written in English from January 1st 2000 to March 31st 2022 examining Indigenous approaches to obtaining informed consent among parents or families and/or children and youth, will be included. Two reviewers will independently review the literature in order to apply the inclusion and exclusion criteria. Data from studies will be extracted and charted in NVivo, following the Arksey and O’Malley’s (2005) framework. The Critical Appraisal Skills Programme (CASP) checklists, depending on the study design of each included study, and the original and modified Aboriginal and Torres Strait Islander Quality Appraisal Tool (ATSI) versions, will be used to assess study quality. A narrative synthesis of the informed consent literature will be reported.
Dissemination
This scoping review will evaluate the existing informed consent processes, barriers to consent, and alternative consent processes in the literature. Results will be shared via conferences, reports and social media with our Indigenous communities, and disseminated through a peer-reviewed publication. This scoping review may prove useful to others who are investigating informed consent processes among Indigenous families in research.

Comparative analysis of informed consent for spine surgery in patients in Ethiopia and Poland and the importance of verbal contact with patients based on the medical mission “Polish Medical Team Helping Hand”

Comparative analysis of informed consent for spine surgery in patients in Ethiopia and Poland and the importance of verbal contact with patients based on the medical mission “Polish Medical Team Helping Hand”
Zygmunt Siedlecki, Abat Sahlu, Adu Sileshy, Surafel Mekonnen Mendere, Amanuel Firew Dilnesaw, Yemisirach Bizuneh, Sebastian Grzyb, Bizuayehu Mengesha Tegene, Abenezer Tirsit, Maciej Śniegocki
Journal of Education, Health and Sport, 3 April 2022; 12(2)
Abstract
The authors present a comparative analysis of the issue of legal consents for surgical procedures between Ethiopia and Poland. The analysis is based on the procedures performed as part of the Polish medical mission “Polish Medical Team Helping Hand”. As part of this project, the authors performed ten surgical procedures for percutaneous spine stabilization in soldiers injured during the war with gunshots of the spine and after falling from a height. All soldiers signed informed written consent to the procedure. However, the authors noticed a significant role of additional oral/ verbal (not written) information in discussing the details of the procedure, which in Polish hospitals must be in writing for formal and legal reasons. The authors conclude that while the written consent for surgical treatment is key and necessary both in Poland and in Ethiopia, in the case of medical procedures performed in Ethiopia, oral communication between the doctor and patients and oral explanations are more binding even regardless of the language barrier.

Informed consent in dentistry and medicine in Spain: Practical considerations and legality

Informed consent in dentistry and medicine in Spain: Practical considerations and legality
M Otero, N Oishi, F Martínez, M-T Ballester, J Basterra
Medicina oral, patología oral y cirugía buccal, 3 April 2022
Abstract
Background
The healthcare practice of dentistry, as well as medicine, is framed within a legal environment. Patients have the right to know all the information related to any action performed on them and dental or medical doctors are obliged to obtain their patient’s prior written informed consent (IC) before undertaking any healthcare procedures.
Material and methods
Here we reviewed the legality and jurisprudence in Spain regarding IC. We also used INFLESZ text readability analysis software to analyse a sample of official Spanish informed consent documents (ICDs) from different surgical and interventional procedures related to dentistry and oral cavity interventions.
Results
It is a mistake to confound IC with ICDs. This error prevents physicians from considering the former as a care process in which the patient’s authorisation signature is the last link in a chain formed, almost in its entirety, by the informative process and deliberation alongside the patient. Multiple factors can influence communication between practitioners and their patients. Importantly, treatment adherence is greater when patients feel involved and autonomous in shared decision-making and when the circumstances of their lives are adequately considered. We concluded that although the ICDs we analysed conformed to the requirements set out in international law, they were somewhat difficult to read according to the reading habits of the general Spanish population.
Conclusions
Knowledge about the legality of IC helps professionals to understand the problems that may arise from their non-compliance. This is because the omission or defective fulfilment of IC obligations is the origin of legal responsibility for medical practitioners. In this sense, to date, there have been more convictions for defective ICs than for malpractice. The information provided in ICs should include the risks, benefits, and treatment alternatives and must be tailored to the needs and capabilities of the patient to enable autonomous decision-making.

Factors affecting willingness to participate in vaccine clinical trials in an underdeveloped country: perspective from Nepal

Factors affecting willingness to participate in vaccine clinical trials in an underdeveloped country: perspective from Nepal
Research Paper
Ram Hari Chapagain, Santosh Adhikari, Bishnu Rath Giri, Pankaj Ray, Nisha Jyoti Shrestha, Bina Prajapati, Prakash Joshi, Sunita Pokharel, Suresh Man Tamang, Birendra Prasad Gupta, T. Anh Wartel, Sushant Sahastrabuddhe, Ganesh Kumar Rai, Tarun Saluja
Human Vaccines & Immunotherapeutics, 6 March 2022
Open Access
Abstract
Due to the inherent complex nature of clinical trials, individual’s willingness to participate and hence, enrollment in a clinical trial maybe challenging. When it comes to vaccine clinical trial in children, informed consent needs to be secured from the parents or legally acceptable representatives (LARs). Some of the factors which contribute to hesitancy in taking part in clinical trials are based on the level of education, living standards, part of the world they live, associated burden of disease, fear of different procedures in clinical trial, side effects, limited understanding, limited time, and mistrust with Investigational product. This study included 201 parents/LARs, who approached Kanti Children Hospital site in Kathmandu with the interest to get their children enrolled in a vaccine clinical trial with objectives of describing the reasons for agreeing or disagreeing to participate in the vaccine clinical trial, factors affecting decision making, and finding the major concerns of parents/LARs. The acceptance for the study vaccine was 136 (67.7%) whereas denial was 65 (32.3%). This study showed that age, education level, family structure, advice from family and friends, and medical guidance play important roles in willingness of parents to get their child enrolled in the trial. If a proper counseling is done, fear of blood sampling is not a big factor which is contrary to the belief among clinical researchers. Safety of vaccine, frequency of injections, and cost of vaccine were the main concerns of the parents, which need to be addressed extensively while planning for any clinical trial in children.

Informed consent forms for gynecologic cancer surgery: recommendations from the Korean Society of Gynecologic Oncology

Informed consent forms for gynecologic cancer surgery: recommendations from the Korean Society of Gynecologic Oncology
장하균, 심승혁, 이마리아, Won Moo Lee 오경진, 유헌종, 김미경, 김민규, 이광범, 소경아, 김영태, 이대우, Doo-Yoon Hyun 이종민
Obstetrics & Gynecology Science, March 2022; 65(2) pp 105 – 112
Abstract
The sociomedical environment is changing. In the traditional physician-patient relationship, the physician was authoritative and the patient was obedient. The contractual relationship featured patient consent to the physician’s decision. Today, the physician must explain fully the planned medical treatment, and any alternative, to the patient, who has the right to choose her treatment after considering the benefits and side-effects. The Korean Society of Gynecologic Oncology thus decided to standardize the surgical consent forms to meet the legal requirements of modern medicine, improve patient understanding of the surgical details, and protect medical staff from legal disputes. To determine the format and content, subcommittees for each cancer type collected and reviewed all relevant articles and the current consent forms of domestic medical institutions. After several meetings, 16 basic items to be included for each type of gynecologic cancer were selected. Also, to help patients understand the surgical details, figures were included. The revised forms were legally reviewed in terms of the appropriateness of the format and content. We also developed English versions to provide adequate information for foreign patients. We hope that these efforts will promote trust between patients and physicians, and contribute to effective treatment by laying a foundation of mutual respect.