Balancing Ethics and Culture: A Scoping Review of Ethico-Cultural and Implementation Challenges of the Individual-Based Consent Model in African Research

Editor’s Note:
    We recognize a growing literature which argues [in whole or in part] that norms requiring the individual, prior, free, express and informed consent of persons to be involved in research must accommodate notions which integrate terms such as ‘community-driven’, ‘decolonized’, or ‘culturally-appropriate’ and which insist that consent processes “prioritize local/indigenous values and protocols.” As an editorial policy, we have decided to group such literature together in this section of the digest.
Broadly, we recognize that this literature raises critically important issues around consent integrity. Our Center for Informed Consent Integrity is actively developing a position on this matter, mindful of core guidance in research involving human participants overall, and selected instruments such as the Universal Declaration on Bioethics and Human Rights [2005] which notes:
Article 12.  Respect for cultural diversity and pluralism
    The importance of cultural diversity and pluralism should be given due regard. However, such considerations are not to be invoked to infringe upon human dignity, human rights and fundamental freedoms, nor upon the principles set out in this Declaration, nor to limit their scope.
We will keep readers advised of our progress. If you have an interest in participating in our working group, please contact Paige Fitzsimmons [paige.fitzsimmons@ge2p2global.org].

Balancing Ethics and Culture: A Scoping Review of Ethico-Cultural and Implementation Challenges of the Individual-Based Consent Model in African Research
Review Article
Richard Appiah, Giuseppe Raviola, Benedict Weobong
Journal of Empirical Research on Human Research Ethics, 18 March 2024
Open Access
Abstract
Objective
This review explores the ethico-cultural and implementation challenges associated with the individual-based informed consent (IC) model in the relatively collectivistic African context and examines suggested approaches to manage them.
Methods
We searched four databases for peer-reviewed studies published in English between 2000 to 2023 that examined the ethico-cultural and implementation challenges associated with the IC model in Africa.
Results
Findings suggest that the individual-based IC model largely misaligns with certain African social values and ethos and subverts the authority and functions of community gatekeepers. Three recommendations were proffered to manage these challenges, that researchers should: adopt a multi-step approach to IC, conduct a rapid ethical assessment, and generate an African-centered IC model.
Conclusions
A pluriversal, context-specific, multi-step IC model that critically harmonizes the cultural values of the local population and the general principles of IC can minimize ethics dumping, safeguard the integrity of the research process, and promote respectful engagement.

Free, Prior, and Informed Consent Principles as Indigenous Peoples’ Right: Soft Law or Hard Law?

Free, Prior, and Informed Consent Principles as Indigenous Peoples’ Right: Soft Law or Hard Law?
Retno Kusniati
Jambe Law Journal, 23 August 2024; 7(1) Pp 169-193
Abstract
Ensuring conformity between national laws and international law principles is crucial for states, particularly concerning the adoption of the Free, Prior, and Informed Consent (FPIC) principle to safeguard the natural resource rights of Indigenous Peoples. Numerous development initiatives proceed without indigenous consent, resulting in significant harm. Policies impacting indigenous communities should be established through prior consultation and their explicit endorsement to align with local wisdom and values. This paper explores the imperative to reevaluate the FPIC principle within legal frameworks. Using both conceptual and statutory analyses, it assesses whether FPIC constitutes a binding obligation with legal ramifications that necessitate incorporation into national law (hard law) or remains a nonbinding guideline (soft law). The State’s role in implementing this principle to shield indigenous groups from detrimental development projects affecting their natural resources and cultures is scrutinized. The foundational ethos of FPIC is rooted in defending Indigenous Peoples’ entitlements to natural resources. Lastly, legislative recommendations are offered to define FPIC as a legal norm, ensuring legal certainty and guiding judicial decisions in upholding these rights.

Editor’s note: This journal is published by the Faculty of Law at Jambi University, Indonesia.

Informed consent form for platelet rich plasma injections: evidence-based and legally guide for orthopaedic surgeons

Informed consent form for platelet rich plasma injections: evidence-based and legally guide for orthopaedic surgeons
Research
Madhan Jeyaraman, Satvik N. Pai, Migliorini Filippo, Naveen Jeyaraman, Ravichandran Venkatasalam, Arulkumar Nallakumarasamy, Manish Khanna, Bishnu Prasad Patro, Shilpa Sharma, Ravi Velamor Rangarajan
European Journal of Medical Research, 17 August 2024
Open Access
Abstract
Regarding medico-legal malpractice suits, lawyers and insurers focus on informed consent documentation. Unfortunately, there is no standard protocol for obtaining informed consent for platelet-rich plasma (PRP) injections. The objective of the present study was to create a pre-designed, evidence-based informed consent form specifically for PRP injections. The current evidence on the medico-legal implications of PRP injections was accessed, as well as informed consent in general and specifically informed consent in PRP injections. Additionally, we interviewed orthopaedic surgeons and patients who had undergone PRP injections in the past year using a semi-structured approach. A legally valid and evidence-based informed consent form for PRP injections ensures rights, encouraging open communication and transparency between the patient and surgeon. Moreover, if a lawsuit arose, informed consent would be a critical document in surgeons’ defence and would withstand scrutiny from lawyers and the judiciary. An evidence-based informed consent form for PRP injections was elaborated and reviewed by a legal expert to ensure adherence to legal proprieties. The final form of the informed consent for PRP injection was administered for one year and validated at our institution.

Shared Decision-Making and Informed Consent Legislation in Clinical Decision Making

Shared Decision-Making and Informed Consent Legislation in Clinical Decision Making
Yeoran Yoon, Hyuna Bae
Korean Journal of Medical Ethics, 30 June 2024; 27(2) pp 71-87
Abstract
This article examines shared decision-making, a concept that extends beyond informed consent to safeguard patients’ right to self-determination in medical decision-making, emphasizing mutuality with patients. After reviewing the relevant legislation concerning consent, we argue that there are limitations to using this legislation as a basis for integrating shared decision-making across various medical domains. We assess the applicability, acceptability, and consistency of this legislation within the medico-legal system. In particular, we scrutinize the roles of so-called “participants” in shared decision-making, the content of shared information, and potential legal liabilities stemming from deficiencies in this process. Through this examination, we analyze legal precedents concerning the duty to inform and propose policy adjustments necessary for the institutionalization of shared decision-making within the medico-legal framework.

Editor’s note: This is a Korean language publication.

Deferred Consent in Emergency Trauma Research: A Qualitative Study Assessing the Healthcare Professional’s Opinions

Deferred Consent in Emergency Trauma Research: A Qualitative Study Assessing the Healthcare Professional’s Opinions
Injury, 15 August 2024
Zynab Noori, Niek J. Vianen, Esther M.M. Van Lieshout, Erwin J.O. Kompanje, Iscander M. Maissan, Michiel H.J. Verhofstad, Mark G. Van Vledder
Abstract
Introduction
Severely injured patients are often incapacitated to provide informed consent for clinical studies. Deferred consent could facilitate unbiased enrollment in studies involving these patients. Little is known about how healthcare professionals (HCPs) perceive deferred consent and how this impacts patient enrollment. The aim of this study was to identify factors that could influence HCPs decision-making during recruitment of patients for interventional studies in (pre)hospital emergency trauma research.
Methods
This was a qualitative study in which physicians and nurses working in prehospital or in-hospital care were interviewed using a semi-structured interview guide. Interviews were audio-recorded, transcribed, and analyzed according to thematic analysis as described by Braun and Clarke.
Results
Ten semi-structured interviews were conducted with six physicians and four nurses. Eight themes were identified as being relevant consent related factors influencing HCPs’ decision-making during patient recruitment in studies using deferred consent: 1) HCPs’ lack of knowledge; 2) Patients’ and proxies’ inability to be informed; 3) Practical (im)possibilities for informed consent; 4) Nature of intervention; 5) HCPs’ personal beliefs; 6) Importance of emergency care research; 7) HCPs’ trust in legal base; and 8) Communication and collaboration.
Conclusions
Eight consent-related factors influencing HCPs’ decision making were identified. Insufficient knowledge about consent procedures among HCPs leads to significant negative attitudes towards deferred consent.

Follow Informed Patient Consent in Clinical Teaching in Order to Achieve a Truly Patient-Centered Approach

Follow Informed Patient Consent in Clinical Teaching in Order to Achieve a Truly Patient-Centered Approach
Research Article
Hongnan Ye
Journal of Patient Experience, 14 August 2024
Open Access
Abstract
Patient- and disease-focused clinical teaching is considered the cornerstone of medical education. Current clinical teaching is increasingly taking place in outpatient settings, but this can cause discomfort to patients. Although many professional organizations have developed a set of ethical considerations in response to this issue to use these considerations to guide clinics in their outpatient procedures, these guidelines are not well adhered to in outpatient practice. My experience as an eczema patient in a dermatology outpatient is good evidence of this. In my opinion, there is nothing inherently wrong with the pedagogy of medical students observing clinical interactions in outpatient settings; the real problem lies in not informing the patient of the medical student’s presence or allowing the patient to exercise his or her right of refusal. Therefore, the following recommendations are made: First, academic medical centers should provide regular training to doctors and medical students to ensure that they are fully aware of what is contained in the ethical guidelines established by the professional organizations and that they recognize the importance of adhering to these guidelines in clinical practice. Second, each clinical teaching activity should have the informed consent of the patient and be based on the patient’s wishes. Finally, it is recommended that hospitals establish appropriate evaluation mechanisms to assess doctors’ compliance with the ethical guidelines and provide continuing education and training for doctors and medical students who fail to comply.

Consent for interventions during childbirth: A national population-based study

Consent for interventions during childbirth: A national population-based study
Clinical Article
Marianne Jacques, Anne Alice Chantry, Anne Evrard, Nathalie Lelong, Camille Le Ray, the ENP2021 Study Group
Gynecology & Obstetrics, 2 August 2024
Open Access
Abstract
Objective
To assess the frequency and determinants of medical interventions during childbirth without women’s consent at the population level.
Methods
The nationwide cross-sectional Enquête Nationale Périnatale 2021 provided a representative sample of women who delivered in metropolitan France with a 2-month postpartum follow-up (n = 7394). Rates and 95% confidence intervals (CI) of interventions during childbirth (oxytocin administration, episiotomy or emergency cesarean section) without consent were calculated. Associations with maternal, obstetric, and organizational characteristics were assessed using robust variance Poisson regressions, after multiple imputation for missing covariates, and weighted to account for 2-month attrition.
Results
Women reporting failure to seek consent were 44.7% (CI: 42.6–47.0) for oxytocin administration, 60.2% (CI: 55.4–65.0) for episiotomy, and 36.6% (CI: 33.3–40.0) for emergency cesarean birth. Lack of consent for oxytocin was associated with maternal birth abroad (adjusted prevalence ratio [aPR] 1.20; 95% CI: 1.06–1.36), low education level, and increased cervical dilation at oxytocin initiation, whereas women with a birth plan reported less frequently lack of consent (aPR 0.79; 95% CI: 0.68–0.92). Delivery assisted by an obstetrician was more often associated with lack of consent for episiotomy (aPR 1.46; 95% CI: 1.11–1.94 for spontaneous delivery and aPR 1.39; 95% CI: 1.13–1.72 for instrumental delivery, reference: spontaneous delivery with a midwife). Cesarean for fetal distress was associated with failure to ask for consent for emergency cesarean delivery (aPR 1.58; 95% CI: 1.28–1.96).
Conclusion
Women frequently reported that perinatal professionals failed to seek consent for interventions during childbirth. Reorganization of care, particularly in emergency contexts, training focusing on adequate communication and promotion of birth plans are necessary to improve women’s involvement in decision making during childbirth.

Enhancing Patient Understanding of Cardiac Catheterisation Prior to Procedural Consent

Enhancing Patient Understanding of Cardiac Catheterisation Prior to Procedural Consent
J. Reynolds, R. Newcombe, G. Armstrong, S. El-Jack, T. Wijohn
Heart, Lung and Circulation, August 2024
Abstract
Background
People with reduced health literacy are at higher risk of not sufficiently understanding informed consent prior to procedures. Approximately 44% of adults read at or below the age of an average 12-13-year-old, indicating they may struggle to understand basic health information during the consent process. This is magnified in indigenous peoples, older adults and those with English as a second language in both countries.
Methods
We designed a procedural graphic comic booklet to be shared prior to the consent process, aiming to increase understanding in all patient groups. Pilot research on patients’ understanding of basic probability was conducted using non-medical questions confirmed poor understanding of risk. The comic booklet was developed with patient and health literacy group input and subjected to several cycles of feedback to reach the final version utilised in our audit.
Results
We audited patient and staff perceptions of the graphic comic booklet to the commonly used Heart Foundation information booklet. In 15 patients and 12 health-workers, the graphic comic booklet format was felt to be more succinct and understandable and was preferred by the majority of respondents. A small group preferred more detailed information.
Discussion
The use of a graphic comic booklet can therefore be an important educational tool, aiding patient understanding of procedures prior to the consent process. We intend to use it in addition to the current pre-angiography education provided to patients.

Informed consent in neurosurgery – Evaluation of current practice and implementation of future strategies

Informed consent in neurosurgery – Evaluation of current practice and implementation of future strategies
Francesca Colombo, Ross McLeod, Rohit Ravindranath Nambiar, Helen Maye, Sam Dickens, K Joshi George
Surgical Neurology International, 19 July 2024
Abstract
Background
In recent times, clinical negligence claims against National Health Service hospitals have doubled, with 8% of claims being made due to “failure to warn/informed consent.” This study aimed to assess the current compliance of the neurosurgical division within a large tertiary neuroscience center with the national legal framework and professional guidelines around the issue of surgical consent and to develop strategies to improve the consent process.
Methods
Electronic patient records (EPR) were accessed to collect demographic data and information regarding the surgical procedures. Telephone questionnaires were carried out. Neurosurgical registrars were interviewed. The author met with the trust’s Legal team, the neuropsychology lead, and the trust’s consent lead.
Results
Fifty-eight patients were included in the analysis. Of the respondents to the questionnaire, 98% felt that they were adequately informed during the consent process. When consenting patients, all registrars felt that they explained the reason for the procedure, detailed benefits, and major risks, including uncommon and rare risks. However, 50% admitted to not specifically discussing the postoperative recovery time or alternatives. Only 15% admitted to documenting on the EPR or through a letter to the patient’s General Practitioner.
Conclusion
Informed consent is a delicate moment of communication between a clinician and the patient. Regular training and good communication skills help staff to focus on the most relevant aspects of consent, which should be delivered in an appropriate environment and with family support. Audio-visual aids can support the process but do not replace good communication.

LLM Doc: An Assessment of ChatGPT’s Ability to Consent Patients for IR Procedures

LLM Doc: An Assessment of ChatGPT’s Ability to Consent Patients for IR Procedures
Research Article
Hayden Hofmann, Jenanan Vairavamurthy
CVIR Endovascular, 17 June 2024
Abstract
Purpose
The study aims to evaluate how current interventional radiologists view ChatGPT in the context of informed consent for interventional radiology (IR) procedures.
Methods
ChatGPT-4 was instructed to outline the risks, benefits, and alternatives for IR procedures. The outputs were reviewed by IR physicians to assess if outputs were 1) accurate, 2) comprehensive, 3) easy to understand, 4) written in a conversational tone, and 5) if they were comfortable providing the output to the patient. For each criterion, outputs were measured on a 5-point scale. Mean scores and percentage of physicians rating output as sufficient (4 or 5 on 5-point scale) were measured. A linear regression correlated mean rating with number of years in practice. Intraclass correlation coefficient(ICC) measured agreement among physicians.
Results
The mean rating of the ChatGPT responses was 4.29, 3.85, 4.15, 4.24, 3.82 for accuracy, comprehensiveness, readability, conversational tone, and physician comfort level, respectively. Percentage of physicians rating outputs as sufficient was 84%, 71%, 85%, 85%, and 67% for accuracy, comprehensiveness, readability, conversational tone, and physician comfort level, respectively. There was an inverse relationship between years in training and output score (coeff = -0.03413, p=0.0128); ICC measured 0.39 (p=0.003).
Conclusions
GPT-4 produced outputs that were accurate, understandable, and in a conversational tone. However, GPT-4 had a decreased capacity to produce a comprehensive output leading some physicians to be uncomfortable providing the output to patients. Practicing IRs should be aware of these limitations when counseling patients as ChatGPT-4 continues to develop into a clinically usable AI tool.