The Confucian Alternative to the Individual-Oriented Model of Informed Consent: Family and Beyond

Author(s):  
Kam-Por Yu
2021 ◽  
Author(s):  
Tasha Gross ◽  
Clarita Lefthand-Begay

Abstract BACKGROUND: Tribal communities in the United States (U.S.) have a long history of subjection to unethical and exploitive medical and research practices. Today, many Tribal nations are establishing procedures in order to protect themselves from further harm and to advance culturally informed research practices. These procedures are also meant to ensure that their communities benefit from research conducted within their communities. Informed consent is a key element in protecting human subjects, but it may not be sufficient in the tribal context, as its conception is rooted in Western understandings of protection. Specifically, the informed consent emphasizes the individual, rather than the community as a whole, which is just as important in the context of conducting research with Native communities.METHODS: We conduct a systematic literature review to answer two related questions: How is informed consent being conceived of by U.S. tribes? And how is informed consent being required by U.S. tribes? Our inclusion criteria include articles focusing on informed consent within the U.S. tribal context, written in English in 2010-2020. Articles that did not fit our inclusion criteria were excluded. Two reviewers independently reviewed and coded 30 peer-reviewed articles by using content analysis and, in an iterative process, agreed on emerging codes and themes. RESULTS: A number of themes arise in the selected literature, including the conception of informed consent as a process, its operation at various levels (individual, collective, and government-to-government), possible alternatives to informed consent, and the need for specificity about ownership of samples and data, benefits and/or risks, and the methods and procedures that researchers use in the course of study.CONCLUSIONS: Our key results point to a need for clear and transparent information for prospective research participants and for consent forms and processes to include the collective, as well as the individual. This will better align with the cultural values and political standing of sovereign tribes in the U.S.


1998 ◽  
Vol 5 (1) ◽  
pp. 53-65 ◽  
Author(s):  

AbstractThe awesome predictive power of genetic medicine promises great advancements in not only the treatment of identifiable conditions but the prevention of their pathological manifestations. At the same time, the release and dissemination of this genetic or medical information poses a distinct risk of loss of privacy and stigmatization to carriers of genetic disorders. In order to safeguard the individual right of autonomy, privacy, confidentiality and informed consent—yet accommodate the legitimate interests of employers and insurers to obtain medical information relevant to their professional needs and economic responsibilities—a balance must be struck legislatively at the federal and state levels of government.


Author(s):  
I. N. Antonova ◽  
L. Yu. Orekhova ◽  
T. B. Tkatchenko ◽  
S. B. Ulitovskiy ◽  
G. A. Khatskevich ◽  
...  

The therapeutic and diagnostic activity is a collective work that is carried out jointly by specialists in different directions of dentistry and support units. The main goal of this type of activity is to improve the dental health by preventing dental diseases. It includes the treatment and rehabilitation using various ways of replacement of the lost integrity of the dentition and restoration of the teeth using a prosthetic. In order to do this, it is necessary to prepare the teeth and the pulp of the oral cavity for prosthetics. The sequence of preparatory activities includes a series of steps carried out in sequence: preventive, hygienic, therapeutic (including periodontal), surgical and orthopedic (including orthodontics). Each of these stages includes a series of manipulations, the sequence and number of which is determined by the individual dental status of each patient. The inspection and preparation of a comprehensive plan for the treatment involves a sequence of all these actions carried out by a team of experts in agreement with the patient, evidenced by the «informed consent» subscription. After the preparatory activities, it is possible to go to the final stage, that is to make a prosthetic appliance to the patient. The total duration of all phases of preparatory activities preceding the prosthetics depends on the complexity of the steps themselves, and is determined by the severity of the related dental diseases. The treatment of these diseases is the main part of the preparatory activities.


2011 ◽  
Vol 60 (4) ◽  
Author(s):  
Elena Ferioli ◽  
Mario Picozzi

La richiesta di istituire biobanche oggi diventa sempre più impellente. Una biobanca è una struttura dove si raccolgono per un tempo lungo materiale biologico e dati di natura biomedica correlati al campione, che può provenire sia da pazienti che da cittadini. Da un lato si riconosce il ruolo che le biobanche possono avere sia nell’acquisire nuove conoscenze sia nel favorire nuovi trattamenti di diagnosi e cura, dall’altro è necessario riflettere sulle delicate e complesse questioni giuridiche ed etiche ad esse sottese. Il presente contributo, dopo aver fatto chiarezza sulla definizione e sui requisiti tecnici necessari per l’istituzione di una biobanca, si sofferma ad analizzare le principali questioni etico-giuridiche: a chi appartiene il tessuto e chi beneficia dei risultati ottenuti? Quale consenso informato è adeguato per protocolli sperimentali non prevedibili al momento del prelievo del tessuto? Come può essere garantita la riservatezza dei dati, anche in funzione dell’analisi genetica? Gli argomenti vengono analizzati a partire dalla letteratura internazionale, mostrando le diverse posizioni. In tema di proprietà del tessuto e di proprietà intellettuale dei risultati si evidenzia come sta emergendo una concezione solidaristica, in cui materiale e informazioni sono da considerarsi risorse a disposizione dell’intera collettività, che ne affida alla biobanca la gestione. Il modello di consenso informato che sembra prevalere è quello definito “ampliato”, di cui si evidenziano pregi e difetti, nell’ottica di un bilanciamento tra autonomia del soggetto, interesse della collettività ed esigenze della ricerca. La questione della riservatezza impone di riflettere sia sul diritto alla privacy sia sulla possibilità di utilizzo del dato per finalità di ricerca. Data la complessità delle questioni emerse, si ritiene che necessariamente la fiducia del paziente/cittadino verso la comunità scientifica giochi un ruolo fondamentale. Il Comitato di etica, a cui vanno assicurate competenze e risorse adeguate, diventa lo strumento di garanzia indispensabile per una gestione eticamente accettabile della biobanca. ---------- Today the request to create biobanks is more and more urgent. A biobank is a structure where biological specimens and related biomedical data, obtained from patients and/or citizens , are stored over time. On one hand, we acknowledge the role that biobanks may have in acquiring new knowledge and fostering new treatments for diagnosis and therapy, on the other we need to reflect upon the delicate and complex legal and ethical issues that biobanks rise. This paper, after defining the concept of biobank and the technical requirements needed to establish one, analyzes some major ethical and legal issues: Who owns the tissues and who can benefit from potential results? Which kind of informed consent is the most appropriate for experimental protocols not yet predictable at the time of tissue collection? How can data confidentiality be guaranteed also in relation to genetic analysis? The topics are analyzed with reference to the international literature, comparing different perspectives. Regarding the ownership of biological samples and the intellectual property rights of the potential research outputs based on the data, the recent literature introduces a new concept of solidarity which consider all samples and information at full disposal of the entire community and which indicates the biobank as the manager of the archive. The model of “broad” informed consent seems to prevail: we indicate its points of strength and weakness, considering a necessary balance among the individual autonomy, the collective interest and the research requirements. Finally, regarding the confidentiality of all data, we need to reflect upon the right to privacy along with the possibility to use the available data for research purpose. Considering the complexity of these issues, we believe that the patient’s trust towards the scientific community is the main matter. The Ethics Committee, to whom adequate resources and expertise must be granted, becomes the assurer entity for an ethically acceptable management of a biobank.


PEDIATRICS ◽  
1978 ◽  
Vol 61 (5) ◽  
pp. 800-800
Author(s):  
L. K. Altman ◽  

Mass preventive medicine programs clearly depend on public awareness. In an era when informed consent is not only a moral necessity but a legal right, preventive medicine proponents now recognize they cannot proceed unless they recognize the role of publicity in educating the public—not only about the merits but the necessary dangers in a public health program. Any measure that is taken to prevent an illness, or potential complication of an existing illness, involves risk which must be weighed against the threat of what is being prevented. The experts say they are the only ones who can make the technical decisions and recommendations, but the emphasis on informed consent puts increased responsibility on the individual to accept or reject that advice. The swine flu immunization decision, like many other immunization policies, was made by a small group of selected "experts." Critics of the decision said they had little or no opportunity to voice opposition. Yet when decisions affecting the medical care of every person and every doctor's practice are made centrally, clearly the process needs modification to allow recognition of those with dissenting views or alternative plans. Otherwise, many suspect, there will be less support from those who are asked to take part in mass preventive medicine programs.


Author(s):  
Shuqing WU

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本故事提出了如下一些知情同意方面的問題:面對沒有文化、且毫無醫學知識的病人,如何履行知情同意?在病情緊急情況下應否免除知情同意或待病情穩定後再向病人或家屬補充說明?如果是後者,這種事後的同意有何意義?在醫院追逐利潤並與病人利益發生衝突的情況下,費用成為病人關注的重要問題,病人如何有效的表示自己的意見?在病人本人沒有經濟能力、又無醫療保險的條件下,一切依賴家屬,病人如何維護自己的權益?病人本人的意願有何意義?如何面對既不能否定家屬的同意又有可能出現家屬違背病人本人意願行事可能的困境?The story reported in this article raises some questions on informed consent. To patients with no education and no medical knowledge, how do medical professionals perform informed consent? In the situation of emergence, should medical professionals be excused from the obligation of informed consent? Or should the patient and his or her family be informed after the illness is cured? If this is so, what is the meaning of informed consent? With the conflict between the interests and the patient and the hospital, the cost is a very importance issue. How does the patient express his or her opinions effectively? Patients who have no economic capacity and no medical insurance depend on their families for medical care. How can their rights and interests are protected? What medical professionals should do if the decision of the family is against the will and interests of the individual patient?DOWNLOAD HISTORY | This article has been downloaded 38 times in Digital Commons before migrating into this platform.


2016 ◽  
Vol 7 (1) ◽  
pp. 17-26
Author(s):  
Tonmoy Biswas

Background: Proper decision making capacity, adequate disclosure and voluntary decisions are basic constituents of informed consent which is required in surgical procedures, any interventions, any tissue collection, or any research involving the human participants. But, it becomes more hectic if the participants or patients are physically or mentally impaired for proper understanding or rational decision making. Time has gone by assembling or regulating effective laws for research involving persons with impaired decision making capacity. Still, question arises, is it ethical to enroll an incompetent person who is not physically or mentally fit to make a decision in risky research or interventional trials? If it is, how the informed consent and ethical measures can be taken? Method: Extensive literature review was done in Google scholar, PubMed and national or institutional websites with the corresponding keywords to summarize the cases of impaired decision making and regulation of informed consent and ethical measures in those cases. Results: Decision making capacity requires three level of capacities and four levels of abilities. If a person has factual understanding, implies a certain level of rational belief, knows to manipulate information to arrive at a choice and remains stable on the choice, is known to be capacitated in decision making. Impaired decision making capacity is more common in Alzheimer’s disease and schizophrenia research. Although a definite line between decisional capacity and incapacity is still in question, many assessment tools are available to conclude it. Moreover, decisional incapacity has been found as a significant ratio in general or psychiatric hospitals and nursing homes regarding psychological disorders or critically ill conditions. But, these conditions should not prevent anyone from understanding, choosing, or accepting any intervention as sometimes they may have some preserved abilities too. As per accepted ethics, respect for persons incorporates at least two ethical convictions. First, the individual should be treated as an autonomous agent and second, the person with diminished autonomy is entitled to protection. That’s why, in case of severe psychiatric diseases and Alzheimer’s diseases, surrogate consent is recommended. But surrogacy should be reviewed by the institutional review board (IRB). Multimedia consent process, advanced consent directives, rational consent waiver and many other processes are practiced in case of ethical research involving decisional incapacitate persons which are discussed in the paper.  Conclusion: It should be clarified by the IRB whether involvement of impaired subjects has beneficial scientific aim or not. Capacity assessment system should be in an organized and systemic way. Threshold for capacity and recognition of persons able to conduct this process should be fixed. Role of surrogacy and involvement of IRB to align it in a proper manner is always a matter of concern. Consideration of risk management, subjects’ autonomy and assent-dissent issues should be clarified in research.


Author(s):  
Jin-cheng LEI ◽  
Zhi-qing XIE

LANGUAGE NOTE | Document text in Chinese; abstract also in English.在中國幾千年小農經濟和傳統文化背景下,個人利益、個人權利一直被置於家庭之下,個人自主性被包含在家庭自主性之內,表現為一種家庭本位主義。源自西方歷史、文化的知情同意移植到中國後,受傳統文化概念的影響,中國人對知情同意的認知、理解以及實踐方式均不同於西方人。這種不同集中表現在人們對家屬同意權的認可。以個人本位主義為背景的病人自主性與中國文化中的家庭本位主義之間存在張力。對知情同意在不同文化環境中不同踐行方式,應以文化寬容主義的態度對待之。不同文化背景下的倫理觀念,不僅存在差異性,而且也存在可通約性和相容性。由於種種原因,家庭同意並不能等同於病人本人的意願。隨著全球化進程的加速和人們相互交往的密切,類似知情同意這樣一些原本屬於個人的自然權利,將會愈來愈多地為各國人民接受。我們應當在某些條件具備時,盡可能地將家屬同意限制在合理的範圍,讓病人更好地表達自己的意願。Family has a long history. With China's small-scale peasant economy and traditional cultural background for centuries, family has been the most basic unit of polity, economy, and socio-cultural life. Interests and rights of the individual are always placed below those of family; individual autonomy is often included in family autonomy. All this can be called familism. There are deeper and determining economic reasons for familism. The economy of the family is controlled by the head of the family or clan so that the individual usually has no independent economic measures to support his or her autonomous rights.Informed consent originated in the Western culture. The theoretical premise of informed consent is respect for the patient's autonomy. The patient's autonomy is closely related with individualism in the West. After informed consent is spread from the West to China, due to the influence of traditional Chinese culture, the Chinese perception, understanding, and practice of are different from those of the West. The difference mainly lies in Chinese familism. To focus on the autonomy of the family reflects the influence of traditional familism upon informed consent. As a result, there exits a tension between the patient's autonomy based on individualism and familism in Chinese culture.Informed consent is not a culture issue, but it is closely related with cultural tradition. It is impossible to get away with cultural norms in the practice of informed consent. To different practicing methods of informed consent in different cultural contexts, the spirit of cultural tolerance is needed. In China, with the principle of cultural tolerance as a practical guidance, we should establish a set of procedure and ways of practicing informed consent with Chinese characteristics. Fundamentally, informed consent is to balance the unbalanced power between doctors and patients. According to the principle of cultural tolerance, the difference in the practice of informed consent at different cultural contexts should be tolerated so long as the basic purpose of informed consent is not violated. There exists a variety of cultural ideas among contemporary Chinese. The individual patient and his or her family are essential part of informed consent, with both having their rationality. Thus, we shouldn't reject absolutely some methods. From the angle of historical development, it is worthwhile noticing the transformation from family determination to individual autonomy. National and cultural differences are integrating in the age of globalization. Since laws, ethics, and customs in different countries and cultures are mutually exchanging, we should promote to make the practice of informed consent to become similar.DOWNLOAD HISTORY | This article has been downloaded 35 times in Digital Commons before migrating into this platform.


2020 ◽  
Vol 16 (2) ◽  
pp. 81-98
Author(s):  
Юрий Поваров

One of the key factors in assessing the coordination of the third-party interference in a citizen’s private life (including when implementing activities related to the human genome) is his awareness of the actual and (or) legal aspects of such interference; however, many aspects of relevant information procedures remain blank or debatable. Aim: to identify the causes and significance (first of all, from the point of view of observing the principle of respect for the individual) of entrenchment in international legal acts and Russian legislation the requirement of informed consent of the subject; analysis of approaches to determining the content and volume of information provided, as well as to interpreting the provision on reporting data in an accessible form; studying the specifics of informing in extraordinary situations (refusal to receive information, etc.). Methods: general theoretical methods of formal and dialectical logic; private scientific methods such as comparative legal, legal dogmatic, the method of interpreting legal norms. Results: it is established that the main factors for introducing the sign of informed consent are the nature of the protected goods and the qualification of the citizen as a weak (vulnerable) side; the appropriateness of using the categories of “necessity” and “sufficiency” is justified in determining the completeness of the disclosed information; a close relationship between the signs of awareness and voluntariness of consent is disclosed, which, however, does not cancel their autonomy.


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