Consent Form Reporting on ClinicalTrials.Gov, 2013-2023
Research Letter
Sydney A. Axson, Reshma Ramachandran, Alexa Lisenby, Nicholas A. Giordano
JAMA Open, 21 June 2024; 7(6)
Introduction
Informed consent documentation is legally, ethically, and scientifically imperative for research and provides prospective trial participants key study information. Historically, consent documents have been difficult to obtain and not consistently publicly available. As of July 21, 2019, and after a 2-year voluntary period, the revised Common Rule required select federally funded interventional trials to publicly post consent forms no later than 60 days after the last participant visit. The revision intends to increase research transparency and inform consent development. Although transparency efforts addressing trial registrations and results are well studied, less is known about public availability of consent forms in the context of the revised rule’s recent implementation. This cross-sectional analysis examined National Institutes of Health (NIH)–funded trial consent form availability on ClinicalTrials.gov.
Reshaping consent so we might improve participant choice (III) – How is the research participant’s understanding currently checked and how might we improve this process?
Reshaping consent so we might improve participant choice (III) – How is the research participant’s understanding currently checked and how might we improve this process?
Research Article
Hugh Davies, Simon E Kolstoe, Anthony Lockett
Research Ethics, 24 February 2024
Open Access
Abstract
Valid consent requires the potential research participant understands the information provided. We examined current practice in 50 proposed Clinical Trials of Investigational Medicinal Products to determine how this understanding is checked. The majority of the proposals (n = 44) indicated confirmation of understanding would take place during an interactive conversation between the researcher and potential participant, containing questions to assess and establish understanding. Yet up until now, research design and review have not focused upon this, concentrating more on written material. We propose ways this interactive conversation can be documented, and the process of checking understanding improved.
Communication in healthcare contexts: Multilingual technological resources to improve the communicative effectiveness of the Informed Consent
Communication in healthcare contexts: Multilingual technological resources to improve the communicative effectiveness of the Informed Consent
Isabel García-Izquierdo, Anabel Borja Albi
Cadernos de Tradução, September 2024
Abstract
Scientific advances and the complexity of the sociological context in which medicine is practised in an increasingly globalised and interconnected world raise new ethical and legal questions about the rights and obligations of patients, health professionals and public health care services. Despite the significant and undeniable progress brought about by the paradigm shift in the doctor-patient relationship and the great development of medical law and bioethics in recent years, patients continue to encounter serious linguistic and cultural obstacles to exercising their right to information and decision-making in relation to their health. In this paper we present part of the results of the HIPOCRATES research project of the Spanish GENTT group, aimed at humanising health care by improving doctor-patient communication in multilingual environments. Specifically, we will focus on the advances made in the textual analysis of the Informed Consent (IC), a medical genre of great relevance in clinical translation and writing due to its ethical and legal implications. Its lexical-syntactic complexity and the lack of standardised patterns in its writing hinder its comprehensibility and makes it difficult to identify the rhetorical sequences in which the communicative and legal functions of this genre are embodied. We present a textual analysis tool (ProText GENTT), which uses machine learning to exploit corpora with traditional techniques and artificial intelligence and with which we have analysed a multilingual (Spanish, Catalan and English) corpus of IC texts compiled by our research group (GENTT_Corpus). This analysis has allowed us to identify the linguistic-textual and rhetorical elements that hinder comprehension. From these results, our team is currently working on proposing optimized models with different levels of complexity both in printed and digital formats (e-consent).
Editor’s note: Cadernos de Tradução is published by the Federal University of Santa Catarina, Brazil.
Words, words, words: participants do not read consent forms in communication research
Words, words, words: participants do not read consent forms in communication research
Research Article
Daria Parfenova, Alina Niftulaeva, Caleb T. Carr
Communication Research Reports, 22 July 2024
Abstract
Informed consent is an essential part of conducting human subjects research; but its utility is dependent on participants actually reading the consent forms provided. This research conducted secondary analysis of data (N = 1,283) to assess how long participants spent on the consent forms. Participants spent an average of 35.4 seconds on consent documents: not a nonsignficant amount of time (i.e., different from 0 seconds), but insufficient to read or even skim consent forms. Women spent slightly less time on consent forms. Neither the length nor readability of a consent form predicted time spent reading, and neither readability nor gender moderated the relationship between word count and time spent reading. Results suggest participants in communication studies do not spend enough time on a consent document to be able to read it, and therefore modern practices of informed consent do not ensure informed participation in research.
Responsible inclusion: A systematic review of consent to social-behavioral research with adults with intellectual disability in the US
Responsible inclusion: A systematic review of consent to social-behavioral research with adults with intellectual disability in the US
Katherine E. McDonald, Ariel E. Schwartz, Robert Dinerstein, Robert Olick, Maya Sabatello
Disability and Health Journal, 2 July 2024
Abstract
Background
In recognition of their status as a health disparities population, there is growing emphasis on conducting research inclusive of adults with intellectual disability to generate new knowledge and opportunities to improve health and equity. Yet they are often excluded from research, and human research participant protection experts and researchers lack agreement on effective consent protocols for their inclusion.
Objective
We sought to identify approaches to consent in US-based social-behavioral research with adults with intellectual disability.
Methods
We conducted a systematic review on approaches to self-consent with adults with intellectual disability published between 2009 and 2023, identified via searching eight databases and reference list hand searches. We identified 13 manuscripts and conducted a thematic analysis.
Results
Our analysis identified themes related to guiding principles, strategies to enhance informed and voluntary consent, approaches to consent capacity, involving individuals subject to guardianship, and strategies for expressing decisions and enhancing ongoing decisions.
Conclusions
Manuscripts largely reflected an emphasis on identifying approaches to consent that reflect disability rights principles to promote the right to be included and make one’s own decisions based on assessment of relevant information, risks and benefits, and to employ reasonable modifications to achieve inclusion. To avoid the risks of exclusion and advance the responsible inclusion of adults with intellectual disability, we make recommendations to align consent approaches anchored in contemporary thinking about human research participant protections, including through integration with disability rights.
Artificial intelligence and the law of informed consent
Artificial intelligence and the law of informed consent
Book Chapter
Glenn Cohen, Andrew Slottje
Research Handbook on Health, AI and the Law, 16 July 2024 [Elgar]
Introduction
A patient is diagnosed with stage I non-small-cell lung cancer. The patient’s physician recommends surgery and adjuvant chemotherapy, explaining the benefits and risks of each. The physician does not explain, however, that standard treatment guidelines for the patient would counsel against chemotherapy, and that more aggressive treatment has been recommended for the patient by an artificial intelligence (AI) system based on the patient’s imaging data. Only after the course of treatment is completed does the patient learn of the AI’s involvement in the care decision. The patient is distressed that, as he sees it, he underwent a potentially unnecessary treatment because his physician outsourced decision-making to a machine without letting him know.
Artificial Intelligence as a Consent Aid for Carpal Tunnel Release
Artificial Intelligence as a Consent Aid for Carpal Tunnel Release
Original Research
James Brock, Richard Roberts, Matthew Horner, Preetham Kodumuri
Cureus, 24 June 2024
Open Access
Abstract
Background
Hand surgeons have been charged with the use of diverse modalities to enhance the consenting process following the Montgomery ruling. Artificial Intelligence language models have been suggested as patient education tools that may aid consent.
Methods
We compared the quality and readability of the Every Informed Decision Online (EIDO) patient information leaflet for carpal tunnel release with the artificial intelligence language model Chat Generative Pretrained Transformer (GPT).
Results
The quality of information by ChatGPT was significantly higher using the DISCERN score, 71/80 for ChatGPT compared to 62/80 for EIDO (p=0.014). DISCERN interrater observer reliability was high (0.65) using the kappa statistic. Flesch-Kincaid readability scoring was 12.3 for ChatGPT and 7.5 for EIDO, suggesting a more complex reading age for the ChatGPT information.
Conclusion
The artificial intelligence language model ChatGPT produces high-quality information at the expense of readability when compared to EIDO information leaflets for carpal tunnel release consent.
Safe and Equitable Pediatric Clinical Use of AI
Safe and Equitable Pediatric Clinical Use of AI
Viewpoint
Jessica L. Handley, Christoph U. Lehmann, Raj M. Ratwani
JAMA Pediatrics, 13 May 2024; 178(7) pp 637-638
Excerpt
Use of artificial intelligence (AI) in pediatric clinical settings has the potential to improve diagnosis, treatment, and quality of care. However, most pediatric AI products tend to be in an early stage—mainly to predict risks using patient data (eg, kidney injury, clinical deterioration, and mortality). AI may also lead to unintended patient safety and equity issues harmful to children. US President Biden’s October 2023 AI executive order calls for an AI safety framework. As guidelines, standards, and policies are formulated to guide safe and equitable AI use, the application of AI in pediatrics must be recognized as imbued with distinctly different risks and mitigation needs for children than in adults…
Dynamic consent: a royal road to research consent?
Dynamic consent: a royal road to research consent?
Extended essay
Andreas Bruns, Eva C Winkler
Journal of Medical Ethics, 24 July 2024
Abstract
In recent years, the principle of informed consent has come under significant pressure with the rise of biobanks and data infrastructures for medical research. Study-specific consent is unfeasible in the context of biobank and data infrastructure research; and while broad consent facilitates research, it has been criticised as being insufficient to secure a truly informed consent. Dynamic consent has been promoted as a promising alternative approach that could help patients and research participants regain control over the use of their biospecimen and health data in medical research. Critical voices have focused mainly on concerns around its implementation; but little has been said about the argument that dynamic consent is morally superior to broad consent as a way to respect people’s individual autonomy. In this paper, we identify two versions of this argument—an information-focused version and a control-focused version—and then argue that both fail to establish the moral superiority of dynamic over broad consent. In particular, we argue that since autonomous choices are a certain species of choices, it is neither obvious that dynamic consent would meaningfully enhance people’s autonomy, nor that it is morally justifiable to act on every kind of consent choice enabled by dynamic consent.
Editor’s note: In reflecting on the argument as presented in the abstract, we are reaching out to explore and assess further in dialogue with the authors.
Contours of data protection in India: the consent dilemma
Contours of data protection in India: the consent dilemma
Research Article
Aafreen Mitchelle Collaco
International Review of Law, Computers & Technology, 26 June 2024
Abstract
Amid the rapid advancement of digital technology in India, there is a growing concern regarding data protection and digital privacy. The recent DPDP Act 2023 also reflects the significant emphasis on a robust privacy practice. This paper examines the effectiveness of consent, a crucial principle and a subject of many debates in data privacy regimes. Despite being a cornerstone of privacy regimes globally, the consent-based approach has significant limitations. For instance, its binary character allows for a yes or no response and its inability to guarantee data subjects to make an informed choice. The study is set against the prominent data breaches and the Indian Government’s effort to strengthen data protection measures. The study also examines the theoretical and legal aspects of consent by analysing the fundamental ideas that form the basis of the DPDP Act, 2023, protecting the consent framework. It questions whether the current form of the Act aligns with the landmark Privacy Judgement. It concludes by exploring alternative and more adaptable mechanisms for implementing informational privacy that might effectively address the specific issues in the Indian context while taking inspiration from other jurisdictions like the EU.