scholarly journals Information disclosure in clinical informed consent: “reasonable” patient’s perception of norm in high-context communication culture

2014 ◽  
Vol 15 (1) ◽  
Author(s):  
Muhammad M Hammami ◽  
Yussuf Al-Jawarneh ◽  
Muhammad B Hammami ◽  
Mohammad Al Qadire
2020 ◽  
Vol 20 (3) ◽  
pp. 256-283
Author(s):  
Himani Bhakuni

There is a well-established common law doctrine for ascertaining information disclosure in informed consent claims within the treatment context that governs the doctor–patient relationship. But there is no such doctrine in clinical research governing the researcher–participant relationship in India. India, however, is not exceptional in this regard. Common law countries like the United States and Canada at most have sparse, non-systematised, criteria for such cases; arguably, a doctrine for research is at its nascent stage. But the adequacy of the existing criteria for settling informed consent claims in research has hardly ever been discussed. Furthermore, a specific discussion on the applicability of this ‘nascent doctrine’ to India is non-existent. This article discusses both. The article examines case law from India and other common law jurisdictions that hint at developments in this area. It suggests that Indian courts need to move abreast with other jurisdictions to better protect India’s patients and research participants.


2021 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Merikan Aren ◽  
Venessha Sambasivan

The purpose of this research was to explore the coping strategies among bereaved young adults using Six-Part Story Method (6PSM). More specifically, this study was meant to identify the strengths of coping using 6PSM and the suitability of 6PSM among young adults in counselling approach. Counselling session was adapted as a medium for data collection with the aid of 6PSM as an intervention technique. Purposive sampling and snowball sampling was used to identify the most suitable participants to contribute in this study. The ethics of research and counselling such as anonymity, confidentiality, information disclosure, and the acquisition of informed consent were followed strictly throughout this research. The data collected was then analyzed using content analysis by categorizing the data into themes that present in the BASICPh model introduced by Mooli Lahad (Belief, Affect, Social, Imagination, Cognitive, and Physical)  Other than that, this study had also showed that themes such as belief, affect, and social are highly used among young adults as a way of dealing with bereavement. Not only that, this study had also found that the process of completing 6PSM enables an individual to express themselves in a way that synchronizes with the BASICPh model of coping. Based on the findings, this study would like to implicate that the coping strategies of bereaved young adults falls under the themes of belief, affect, and social. In addition, it also implicated that 6PSM is suitable to be used as an intervention in counselling young adults.


2020 ◽  
Vol 21 (1) ◽  
Author(s):  
Antonia Xu ◽  
Melissa Therese Baysari ◽  
Sophie Lena Stocker ◽  
Liang Joo Leow ◽  
Richard Osborne Day ◽  
...  

Abstract Background Informed consent is often cited as the “cornerstone” of research ethics. Its intent is that participants enter research voluntarily, with an understanding of what their participation entails. Despite agreement on the necessity to obtain informed consent in research, opinions vary on the threshold of disclosure necessary and the best method to obtain consent. We aimed to investigate Australian researchers’ views on, and their experiences with, obtaining informed consent. Methods Semi-structured interviews were conducted with 23 researchers from NSW institutions, working in various fields of research. Interviews were analysed and coded to identify themes. Results Researchers reported that consent involved information disclosure, understanding and a voluntary decision. They emphasised the variability of consent interactions, which were dependent on potential participants’ abilities and interests, study complexity and context. All researchers reported providing written information to potential participants, yet questioned the readability and utility of this information. The majority reported using signed consent forms to ‘operationalise’ consent and reported little awareness of, and lack of support in implementing more dynamic informed consent procedures, such as verbal informed consent, that was fit for the purposes of their studies. Views on Human Research Ethics Committees (HRECs) varied. Some reported inconsistent, arduous inputs on the information form and consent process. Others expressed reliance on HRECs for guidance, viewing them as institutional safeguards. Conclusions This study highlights the importance of transparent relationships, both between researchers and participants, and between researchers and HRECs. Where the relationship with study participants was reported as more robust, researchers felt that they were better able to ensure participants made better, more informed decisions. Where the relationship with HRECs was reported as more robust, researchers were more likely to view them as institutional safeguards, rather than as bureaucratic hindrances. Conscientious and mindful researchers are paramount to ensuring the procedure accommodates individual requirements. This study advocates that when designing ethical informed consent practices, researchers should be integrated as autonomous players with a positive input on the process, rather than, in the worst case, predatory recruiters to be curtailed by information forms and oversight.


1996 ◽  
Vol 1 (1) ◽  
pp. 10-16 ◽  
Author(s):  
Michael I. Singer ◽  
Neil H. Shear

Background: Informed consent is a potentially beneficial component of medical practice and a basic obligation of physician to patient. Society, in general, and the courts, in particular, have increasingly emphasized the principles of individual autonomy and patient rights, and they have begun to more rigorously require physicians to inform and consult with patients before initiating treatments. Nevertheless, the lack of sufficient information disclosure to patients has become an increasingly common allegation in legal actions against physicians. It has been shown that physicians' understanding of what constitutes informed consent is not always equivalent to the legal definition. While informed consent is generally applied in investigative medical research and before surgical and other invasive procedures, general medicine and dermatology patients do not commonly undergo a process of informed and formal decision making before commencing therapy with sometimes potent medications that often have potentially serious side effects. Objective: The purpose of this article is to explore and clarify the legal concept of informed consent as it applies to the use of prescription medications and to offer dermatologists a strategy to make drug use safer, both medically and legally. Conclusion: In light of recent legal trends including the proclamation of the Ontario Consent to Treatment Act, as well as the application of the “learned intermediary” rule in cases of medical negligence involving lack of drug risk disclosure, Canadian health care practitioners are well advised to become familiar with the concept of informed consent and how it applies to prescription medications.


Author(s):  
Victoria Kostenko ◽  
Olena Bieliaieva ◽  
Iryna Solohor

This article presents investigation of the structural and semantic characteristics of complex sentences and their contribution to implementing communicative strategies in the texts of informed consent for dental treatment. Informed consent is a bilateral document that provides a sufficient amount of specific information about the character of dental intervention, records the communication between doctor and patient in order to enable patients to make voluntary decisions concerning the exposure to potentially dangerous procedures. Complex sentences have been found out as one of the most common types of sentences in the texts studied. Although there is a wide range of complex sentences of different formal and semantic-syntactic types in the informed consent, some types are more prevalent than others. The two most common types of subordinate clauses have been identified: noun clauses as a direct object and adverbial clauses of condition. Complex sentences with objective clauses often contain cognitive or volitional verbs in the independent clause and are characterized by semantic and structural incompleteness, while the subordinate clause is a semantic center, which reveals, explains or complements the scope of the main clause. This type of complex sentences serves as one of the means to implement the communicative tactics guiding and controlling the patient’s perception of medical information. Conditional sentences specifying the circumstances and in particular those demonstrating the cause-effect relationship in the form of implicitation reasoning formulae are applied to implement the information communicative strategy. The considerable number of explanatory constructions (concretization, description, addition, clarification) serves to facilitate clearer understanding of the special information, thus implementing the information communicative strategy. The complex sentences are to increase the density of information and to focus on the addressee’s attention to the most relevant segments of the sentence and text. The predominance of complex sentences demonstrates the interaction of two tendencies: to compress the ramified logical relationship between phenomena, processes, situations within a sentence on the one hand, and to provide additional and sometimes redundant information in order to reduce the chance that a message will be misinterpreted, on the other hand. These tendencies incorporated on the syntax level by complex sentences are important preconditions for effective communication in giving / obtaining voluntary informed consent for dental treatment.


2020 ◽  
Author(s):  
ammal metwally ◽  
Hala Abdalla Amer ◽  
Hend Salama ◽  
Safaa Abd El Hady ◽  
Raefa Alam ◽  
...  

Abstract Background: Informed consent (IC) is a healthcare standard emphasizing the meaning of human dignity as clarified in The Universal Declaration of Human Rights. Data about IC practices in Egypt is insufficient. This study aimed to describe the Egyptian patients ‘or guardians ‘experience about IC and their expectations about its meaning in general and according to type of healthcare facility. Methods: Self-administered questionnaire to 1092 participants who had undergone or were scheduled to a procedure requiring an IC at three types of Egyptian health care facilities. Ten statements were ranked twice by the participants to reflect their perception of IC purpose as per what is currently practiced then as per what they believe should be practiced. Results: Informed consent implementation varies across the different levels of health care facilities in Egypt; being implemented the most at the non-governmental health facilities (in 85.9 % of procedures) followed by the governmental health care facilities (77.8 %) and the least at the university hospitals (63.8 %). Current practice was perceived to: “Help patient/guardian decide”, “Document patient’s/guardian’s decision”, and “Have shared decision” (ranked 1–5 by 64.9%, 59.3 %, and 57.3% of respondents, respectively). The perceived purpose of IC was to: “Inform the patient/guardian”, “Make sure patient/guardian understand” and “Document patient’s/guardian’s decision” (ranked 1–5 by 68.4%, 65.3 %, and 65.1% of respondents, respectively). Conclusion: The use of IC is common in Egyptian medical practice but varies across healthcare facilities. Participants believe that the current purpose of IC is to help in decision making, and its main purpose should be information disclosure. There is consensus agreement that both documenting the patient’s/guardian’s decision and informing the patient /guardian is considered as important current as well as preferred practices. IC should be an integral part of any procedure with more emphasis on seeking assent children whenever appropriate. Keywords: Informed consent, Arab Culture, Norm perception, Current practice.


2017 ◽  
Vol 15 (2) ◽  
pp. 171
Author(s):  
Marija Selak

The emancipation of bioethics from new medical ethics is a result of the awakening of the role and the rights of patients. Thus, the appearance and realization of informed consent can be seen as an example of the mode in which the contemporary attitude towards medical practice has developed, starting from paternalism and ending in recent attempts for the establishment of a dialogue. Nevertheless, a more detailed analysis of the informed consent practice, with emphasis on the situation in Croatia, shows that this progress is more theoretical, and less related to everyday procedures with patients – encounters with physicians. In view of this, in his PhD thesis “Respecting Patients' Right to Information Regarding Medical Procedure during Hospital Treatment in Croatia” Luka Vučemilo shows that during their stay in hospitals patients do not fully realize their right to be informed. In this paper, we will emphasize the asymmetry in the physician’s and the patient’s perception of informed consent and its formal self-sufficiency. This will serve as confirmation of the fact that informing for the purpose of giving consent to particular medical treatment is not being implemented properly. In order to try to understand the problems concerning the realization of informed consent, in the conclusion of the paper, the same as in the beginning, in order to observe its appearance, we will once again attempt to extend our context and take into consideration the contemporary world-historical situation.


Medical Law ◽  
2019 ◽  
pp. 195-236
Author(s):  
Emily Jackson

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.


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