The Participation of Cognitively Impaired Elderly in Research

2004 ◽  
Vol 5 (4) ◽  
pp. 245-257 ◽  
Author(s):  
Sana Loue
Keyword(s):  
Informed Consent ◽  
Mental Capacity ◽  
Legal Issues ◽  
Cognitively Impaired ◽  
Limited Capacity ◽  
Information Uncertainty ◽  
Underlying Causes ◽  
Ethical And Legal Issues ◽  
Study Participants

It is critical that cognitively impaired adults be permitted to participate in research in order to develop a greater understanding of the underlying causes of the impairments and strategies to prevent or ameliorate their impact. Significant ethical and legal issues may arise in the recruitment and enrollment of these persons as study participants, due to difficulties in understanding information, uncertainty regarding the existence of sufficient mental capacity to provide informed consent to participate, and the potential for coercion to participate as a function of limited capacity and dependence on others for care. This article explores these issues and suggests mechanisms to maximize the understanding of information and facilitate the cognitively impaired elders’ expression of choice during incapacity.

Consent to Neuroleptic Medication for Schizophrenia: Clinical, Ethical and Legal Issues

1996 ◽  
Vol 168 (5) ◽  
pp. 540-544 ◽  
Author(s):  
Clare Brabbins ◽  
Jonathan Butler ◽  
Richard Bentall
Keyword(s):  
Clinical Practice ◽  
Informed Consent ◽  
Routine Clinical Practice ◽  
Legal Issues ◽  
Legal Requirements ◽  
Neuroleptic Medication ◽  
Capacity To Consent ◽  
Adverse Side Effects ◽  
Schizophrenic Patients ◽  
Ethical And Legal Issues

BackgroundThe effects of neuroleptic medication on schizophrenic patients are both positive (reduction in symptoms) and negative (adverse side-effects). Given that altered cognitive functioning may be a feature of schizophrenia, the use of neuroleptics raises important ethical and legal issues.MethodA selective review was carried out of papers addressing ethical arguments for and against obtaining consent from schizophrenic patients, and the ethical and legal requirements which must be met for consent to occur.ResultsAlthough a balance must be met between arguments for and against obtaining consent, clinicians should seek informed consent in all but exceptional circumstances. Obtaining consent depends on the adequate presentation of information, the absence of duress and the patients' capacity to consent. Various tests of capacity to consent have been proposed.ConclusionsIt is proposed that clinicians employ a proforma to record attempts to obtain informed consent during routine clinical practice.

Ethical and Legal Issues in Mandatory Reporting

2019 ◽  
pp. 39-52
Author(s):  
Lea Tufford
Keyword(s):  
Informed Consent ◽  
Child Maltreatment ◽  
English Language ◽  
Language Skills ◽  
Mandatory Reporting ◽  
Legal Issues ◽  
Perceived Benefits ◽  
Reasonable Suspicion ◽  
Ethical And Legal Issues ◽  
English Language Skills

The purpose of this chapter is to explore ethical and legal concerns that relate to the mandatory reporting of child maltreatment including informed consent, confidentiality, reasonable suspicion, and penalties for false or nonreporting. Informed consent with individuals with limited English language skills is specifically addressed. In addition, the chapter provides an overview of the perceived benefits and challenges of mandatory reporting and who is considered a mandatory reporter in Canada. Documentation is discussed, and a case example is provided. The chapter discusses mandatory reporting legislation and both the benefits and criticism of this legislation and recording suspicions of child maltreatment will conclude the chapter.

scholarly journals Ethical and legal issues in pain research in cognitively impaired older adults

2013 ◽  
Vol 50 (9) ◽  
pp. 1283-1287 ◽  
Author(s):  
Todd B. Monroe ◽  
Keela A. Herr ◽  
Lorraine C. Mion ◽  
Ronald L. Cowan
Keyword(s):  
Older Adults ◽  
Legal Issues ◽  
Cognitively Impaired ◽  
Pain Research ◽  
Ethical And Legal Issues

Ethical and Legal Issues

2021 ◽  
pp. 442-454
Author(s):  
Bonnie K. Cole-Gifford ◽  
Kathlyn F. Wohlrabe
Keyword(s):  
Informed Consent ◽  
Physician Assistant ◽  
Legal Issues ◽  
Ethical Principles ◽  
Patient Encounter ◽  
Ethical Aspects ◽  
Advanced Directives ◽  
Futile Treatment ◽  
Ethical And Legal Issues ◽  
The Law

The sections of this chapter discuss both evaluation and management of legal and ethical aspects of the physician assistant (PA) profession, taking into consideration that the PA practice flows out of an interconnected relationship between the PA, the physician, and the patient. PAs are called to fulfill not only the law when practicing but also rise to uphold ethical principles. There are a variety of situations a provider can encounter throughout a career. Some topics are present in every patient encounter, such as confidentiality and informed consent. Some topics may only be present in certain cases, such as advanced directives and futile treatment. Nevertheless, the provider should be knowledgeable about each of these legal and ethical situations and understand the evaluation and management of them.

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