Consent and its Medicolegal Aspects

Consent and its Medicolegal Aspects
Trupti Dani, Vijaya More, Manohar Sarangi
World Journal of Pharmaceutical Research, 14 January 2019; 8(2) pp 545-556.
Abstract
The concept of consent comes from the ethical issue of respect for autonomy, individual integrity and self determination. A more focused approach has been seen in matters related to Medical Negligence since the Consumer Protection Act (CPA) was made applicable to the Medical Profession. Cases of medical negligence are now being filed in consumer courts instead of the regular courts. That is why modern surgeons & Ayurveda practitioners should be aware about their regular duties and should not go under negligent act. While performing Ayurvedic procedure; every Ayurveda practitioner should be aware about medicolegal aspects regarding consent. This article is a preliminary approach to validate whether we can find solution for emerging medicolegal issues regarding consent in medical practice.

Implementing Free Prior and Informed Consent: The United Nations Declaration on the Rights of Indigenous Peoples (2007), the Challenges of REDD+ and the case for the Precautionary Principle

Implementing Free Prior and Informed Consent: The United Nations Declaration on the Rights of Indigenous Peoples (2007), the Challenges of REDD+ and the case for the Precautionary Principle
Malayna Raftopoulos, Damien Short
Forthcoming in the International Journal of Human Rights, 2019
Abstract
Over 21 years after the United Nations Declaration on the Rights of Indigenous Peoples (September 2007 – hereafter UNDRIP) was passed, it is useful to examine the functionality and utility of a core principle it contains- the notion of Free Prior and Informed Consent (FPIC) with respect to the twin challenges of environmental destruction and a key ‘mitigation’ policy: REDD+. While UNDRIP, and to a lesser extent, the International Labour Organisation Convention No. 169 (ILO 169) has strengthened the legal status of FPIC, its application has proved to be extremely difficult. This article argues that when considering the potential harm of environmental and REDD+ climate change policies there needs to be a greater emphasis placed on the ‘precautionary principle’ when applying FPIC. Demonstrating why precaution needs to be taken in order to ensure human rights, this article argues that increasing the prominence of the precautionary principle within FPIC can impact significantly on the protection of biodiversity as well as the way in which environmental harm, laws and regulations are understood in relation to their social and cultural impact and shape future responses to the climate change crisis.

Informed Consent for Neurosurgical Innovation [BOOK CHAPTER]

Informed Consent for Neurosurgical Innovation [BOOK CHAPTER]
Faith C. Robertson, Tiit Mathiesen, Marike L. D. Broekman
Ethics of Innovation in Neurosurgery, 22 February 2019; pp 11-25
Abstract
While innovation in neurosurgery introduces novel medical devices, lifesaving therapies, and critical advancements in procedural care, it also presents ethical challenges regarding informed consent, particularly as innovative treatment options may provide better patient outcomes, but unprecedented surgical interventions may include unknown risk. The process of informed consent relies on appropriate provision of information to a competent patient in efforts to permit patient autonomy over healthcare decision-making without coercion. Importantly, informed consent is not isolated to a single conversation and document signing but is rather an ongoing process of communication throughout the trajectory of the patient’s care. However, neurosurgical patients are one of the most vulnerable populations, as those eligible for experimental procedures often have illnesses refractory to standard therapies, and alternative treatments may be limited. Furthermore, for disease processes affecting information processing or the ability to participate in high-level cognitive decision-making, an individual’s capacity to partake in informed consent may be hindered. At present, there is limited guidance for how neurosurgeons should approach the informed consent process for novel treatments, and there is controversy over the extent to which a surgeon should discuss the innovative nature of the procedure, the evidence or lack thereof, the associated or unknown risks and benefits, the operating surgeon’s learning curve with respect to experience with the procedure, and the alternative treatment options. This chapter summarizes the importance and difficulties of informed consent within neurosurgery, including patient capacity, content and format of discussion, and coercion—all key factors in the attainment of proper consent and the clinical decision process. We underscore the inherent complexity in balancing scientific evidence, clinical expertise, and patient and family preference when pursuing innovative neurosurgical treatments, in efforts to bring about discussion on improvements we can make within the field. Ultimately, this moral discourse is invaluable in creating a situation where investigators assume a responsibility of ensuring respect for persons, beneficence, and justice as we work to propel the field of neurosurgery forward.

Factors complicating the informed consent process for whole exome sequencing in neonatal and pediatic intensive care units

Factors complicating the informed consent process for whole exome sequencing in neonatal and pediatic intensive care units
CJ Diamonstein
Journal of genetic counseling, 8 February 2019; Special Issue
Abstract
Whole exome and whole genome sequencing (WES/WGS) is increasingly utilized in inpatient settings such as neonatal and pediatric intensive care units (ICU), but no research has explored the process of informed consent in this setting. My experience as an inpatient genetic counselor has illuminated factors unique to the ICU that may threaten elements of informed consent such as voluntariness, disclosure, understanding, and capacity. I present three cases that exemplify elements complicating consent counseling for WES/WGS in the ICU, including the emotional state of the parents, involvements of other healthcare providers, environmental distractions and competing clinical priorities. I offer strategies to navigate these factors based on my experience.

Informed consent for functional MRI research on comatose patients following severe brain injury: balancing the social benefits of research against patient autonomy

Informed consent for functional MRI research on comatose patients following severe brain injury: balancing the social benefits of research against patient autonomy
Tommaso Bruni, Mackenzie Graham, Loretta Norton, Teneille Gofton, Adrian M Owen, Charles Weijer
Journal of Medical Ethics, 25 February 2019; Open Access
Abstract
Functional MRI shows promise as a candidate prognostication method in acutely comatose patients following severe brain injury. However, further research is needed before this technique becomes appropriate for clinical practice. Drawing on a clinical case, we investigate the process of obtaining informed consent for this kind of research and identify four ethical issues. After describing each issue, we propose potential solutions which would make a patient’s participation in research compatible with her rights and interests. First, we defend the need for traditional proxy consent against two alternative approaches. Second, we examine the impact of the intensive care unit environment on the informed consent process. Third, we discuss the therapeutic misconception and its potential influence on informed consent. Finally, we deal with issues of timing in recruiting participants and related factors which may affect the risks of participation.

Well informed physician-patient communication in consultations on back pain – study protocol of the cluster randomized GAP trial

Well informed physician-patient communication in consultations on back pain – study protocol of the cluster randomized GAP trial
Sebastian Voigt-Radloff, Andrea C. Schöpf, Martin Boeker, Luca Frank, Erik Farin, Klaus Kaier, Mirjam Körner, Katharina Wollmann, Britta Lang, Joerg J. Meerpohl, Ralph Möhler, Wilhelm Niebling, Julia Serong, Renate Lange, Piet van der Keylen, Andy Maun
BMC Family Practice, 25 February 2019; 20(33)
Abstract
Background
Back pain is one of the most frequent causes of health-related work absence. In Germany, more than 70% of adults suffer from at least one back pain episode per annum. It has strong impact on health care costs and patients’ quality of life. Patients increasingly seek health information on the internet. However, judging its trustworthiness is difficult. In addition, physicians who are being confronted with this type of information often experience it to complicate the physician-patient interaction. The GAP trial aims to develop, implement and evaluate an evidence-based, easy-to-understand and trustworthy internet information portal on lower back pain to be used by general practitioners and patients during and after the consultation. Effectiveness of GAP portal use compared to routine consultation on improving communication and informedness of both physicians and patients will be assessed. In addition, effects on health care costs and patients’ days of sick leave will be evaluated.
Methods
We will conduct a prospective multi-centre, cluster-randomized parallel group trial including 1500 patients and 150 recruiting general practitioners. The intervention group will have access to the GAP portal. The portal will contain brief guides for patients and physicians on how to improve the consultation as well as information on epidemiology, aetiology, symptoms, benefits and harms of treatment options for acute, sub-acute and chronic lower back pain. The GAP portal will be designed to be user-friendly and present information on back pain tailored for either patients or physicians in form of brief fact sheets, educative videos, info-graphics, animations and glossaries. Physicians and patients will assess their informedness and the physician-patient communication in consultations at baseline and at two time points after the consultations under investigation. Days of sick leave and health care costs related to back pain will be compared between control and intervention group using routine data of company health insurance funds.
Discussion
The GAP-trial intends to improve the communication between physicians and their patients and the informedness of both groups. If proven beneficial, the evidence-based and user-friendly portal will be made accessible for all patients and health professionals in back pain care. Inclusion of further indications might be implemented and evaluated in the long term.

Informed Consent and the Ethics of Placebo-Based Interventions in Clinical Practice [BOOK CHAPTER]

Informed Consent and the Ethics of Placebo-Based Interventions in Clinical Practice [BOOK CHAPTER]
Marco Annoni, Franklin G. Miller
Placebos and Nocebos in Headaches, 12 February 2019; pp 135-142
Abstract
In this chapter we explore the ethics of informed consent with respect to the prescription of effective treatments, like acupuncture, that according to evidence-based standards have a prevalent placebo component. First, we review empirical studies demonstrating that placebo effects may significantly modulate symptoms in highly prevalent conditions, taking migraine as our case in point. Next, we chart the ethical implications of prescribing interventions that have been found slightly more effective than placebos and yet significantly better than no treatment—a class of remedies that we label as “placebo-based interventions.” We argue that, provided certain conditions are met, doctors may ethically prescribe placebo-based interventions in nondeceptive ways. By contrast, we contend the prescription of placebo treatments is incompatible with informed consent unless the true nature of the remedy is transparently disclosed to patients.

Development of a Plain Language Decision Support Tool for Cancer Clinical Trials: Blending Health Literacy, Academic Research, and Minority Patient Perspectives

Development of a Plain Language Decision Support Tool for Cancer Clinical Trials: Blending Health Literacy, Academic Research, and Minority Patient Perspectives
Aisha T. Langford, Sarah T. Hawley, Sue Stableford, Jamie L. Studts, Margaret M. Byrne
Journal of Cancer Education, 9 February 2019; pp 1–8
Abstract
Despite the promise of clinical trials for improving cancer care, less than 5% of all cancer patients participate. Racial/ethnic minorities continue to be underrepresented in cancer clinical trials (CCTs). To address this gap, we developed a plain language, web-based decision support tool (CHOICES DST) in English and Spanish to support decision-making about CCTs among Blacks and Hispanics. In phase 1 (information collection), we conducted qualitative interviews with 45 cancer patients, completed a thorough literature review, and reviewed results from a telephone survey of 1100 cancer patients. In phase 2 (content generation), we created the first iteration of the CHOICES DST. In phase 3 (usability testing), we gathered user experience and acceptability data from a small sample of cancer survivors (n = 9). The Knowledge, Empowerment, and Values Clarification (KEV) model of decision-making was developed based on data from phase 1. The KEV model and other phase 1 data allowed us to create the CHOICES DST platform. Usability testing of the CHOICES DST showed highly favorable responses from users, satisfaction with content, ease of navigation, and a desire to use the tool. Qualitative results identified addressable points that would benefit from content and navigation-related alterations. The final version of the CHOICES DST was well received and understood by Black and Hispanic participants, and adheres to the mandates for plain language communication. This research provides preliminary data that CHOICES DST holds promise for improving knowledge of CCTs and potentially improving informed decision-making about participation in trials.

The Role of Informed Consent in Biobanks after the General Data Protection Regulation [THESIS]

The Role of Informed Consent in Biobanks after the General Data Protection Regulation [THESIS]
Nina Savolainen
University of Turku, 2019
Abstract
This Thesis evaluates the role of informed consent in biobank research and the impact of the General Data Protection Regulation (GDPR) for the informed consent procedure when providing biological and related data to biobanks. Aim of the research is to assess especially two derogations which offer relief for the demand of obtaining an informed consent from a sample donor; Recital 33 which allows the use of a broad consent in the field of scientific research, and the research exemption provided in the Article 9(2)(j), which allows re-purposing personal data for scientific purposes without asking a consent from the person whom the data originates from. The applicability and relevance of those provisions will be examined from the perspective of biobank sample donor’s right to privacy and right to data protection. This Thesis suggests the derogations provided in the GDPR will modify the meaning of informed consent in the field of biomedical research. The main findings are that the GDPR did not improve the data autonomy of individuals who participate in biobank research. Instead, the derogations provided are made in favor of the researcher: the aim of the GDPR was to empower individuals control over their data processing, but it seems that scientific research is an acceptable reason to exclude decisional power form individuals.

Clinical Trials Informed Consent: An educational intervention to improve nurses’ knowledge and communications skills

Clinical Trials Informed Consent: An educational intervention to improve nurses’ knowledge and communications skills
Eileen Regan
Clinical Journal of Oncology Nursing, December 2018; 22(6):E152–E158
Background
Teach-back is an evidence-based tool recommended for use during informed consent (IC) discussions. The nurses’ role in the IC process is important, particularly for patient education and advocacy.
Objectives
The aim was to initiate and evaluate an educational program for nurses to improve knowledge and communication skills used in IC for cancer clinical trials.
Methods
An educational program was presented to nurses. Anonymous pre-, post-, and one-month postprogram surveys measured nurses’ knowledge of research and the importance of and confidence using teach-back during IC discussions.
Findings
Nurses had high research knowledge scores and statistically significant improvement in pre- and post-test scores of conviction and confidence using teach-back. Nurses employed essential elements of teach-back before the program but had greater recognition of elements after the program.