Analyze the various ways language can influence the process of obtaining informed consent from a patient or a potential participant in a clinical research study. Be sure to consider issues of comprehension and fluency, as well as perceived issues of power and coercion. It will be helpful to read the following article to inform your analysis:
Informed consent is a process by which the participants voluntarily give their consent to be enrolled in the trail. This requires the person obtaining the consent to be able to clearly explain the nature and goals of the research, and all other essential information that the participant may want to know in a manner that promotes participants understanding. This is the key to informed consent and will require
In this case, the night of January 11, 1983, Nancy Cruzan was driving a car and lost control of her car as she traveled down Elm Road in Jasper County, Missouri. The car overturned, and Nancy Cruzan was discovered lying face down in a ditch without detectable respiratory and cardiac function. Paramedics were able to restore her breathing and heartbeat at the accident site and she was transported to a hospital in an unconscious state. Then neurosurgeon diagnosed her and found that she is having sustained probable cerebral contusions compounded by significant anoxia (lack of oxygen). The Missouri trial court found that permanent brain damage generally results after 6 minutes in an anoxic state and Nancy was in this stage for 12 to 14 minutes.
In the world of medicine, consent is an ethical and a legal agreement between patient and their health care provider; to participate in but not limited to research trials or to obtain medical or surgical interventions. Consent generally is expressed or implied. Express consent can be an oral declaration or it can be provided by printed document. (informed consent). Nevertheless, consent is not an independent entity. It does not function on its own. It works in conjunction with capacity. Spike 2017, stated informed consent is the single most important concept for understanding decision-making capacity. This is measured by a patient’s ability to understand, retain, process and re-communicate the information provided by the medical professionals.
Informed consent is commonly obtained from patients for medical treatment procedures and protocols. While it may serves as a litigated protection and assurance for healthcare professions to confidently perform their duties as healthcare providers, informed consent also ensures patient’s understanding and acknowledgement of their involvement in multiple medical interventions pertaining to their health. As the patient sign these consent documents, they might be unaware of the existence of uncertainty in medical practice. Medicine is the evident of probability because we are not physiologically created equal. Therefore, medical uncertainty is inevitable and physicians have to face tough choices to make a decision they believe to be in patient’s
In healthcare, it is important to establish an informed consent. Informed consent is a process by which a client or client legal representative and the healthcare provider engage in a discussion about a course of medical treatment. It includes the risk of treatment, benefit, possible harm and consequences as well as alternatives provided by the healthcare practitioner or physicians in an understandable manner (Blais, K. & Hayes, J. S., 2016, p.85). Informed consent takes into consideration the safety of the patient. It allows the patients to ask questions about the procedures and discuss any concerns; by doing so can help improve patient outcomes and prevent medical errors.
Informed consent, by definition, requires the administering health care provider to disclose appropriate information to a competent patient, and allow that patient sufficient time to choose, voluntarily, whether to accept or refuse treatment (Appelbaum, 2007). For children, the law upholds an inability to provide their own informed consent as they lack the decisive ability inherent in consent (Appelbaum, 2007). Thereby, for children, a proxy, as determined by the state laws, chooses the course of treatment on their behalf (Appelbaum, 2007). Furthermore, for children of, an undesignated, reasonable age, a consultation about assent, or willingness for acceptance of treatment or care, should follow a guardian’s decision (Appelbaum, 2007). Responsibility
According to Teitelbaum J., & Pozgar G. (2015), informed consent is a legal concept that provides that a patient have a right to know the risk and benefits of proposed procedure. Patients have the right to refuse medical treatment. The United States Supreme Court recognized that all competent adults have the right to decline all forms of medical intervention, even treatments that prolongs life.
Informed consent means that the psychologist or researcher must make every effort to be sure the patient understands the purpose, benefits, risks, and other options of the test or treatment. Then the doctor or nurse must get the patient’s consent before starting (American Cancer Society,2014). The reason why this is required for every experiment, is because the participants has to understand the risks of the experiment so they are willing to agree on, or in other words, give consent to participate the experiment.
Informed consent explains in detail to all patients the potential risks involved, when moving forward with the procedure. This form of content has become the standard in daily practice at every medical institution. (Post, 2007) The federal government is pursuing a set of studies, that will permit researchers to conduct medical experiments without obtaining the patients consent. (Post, 2007)
Informed consent is a central legal figure in health law as it legally authorises a third person, in this case a health care worker, to perform a procedure in the body of another individual. This concept revolves around the recognition that every individual with mental capacity is entitled to make his or her own medical decisions and therefore be free from unwanted bodily interference. Without legal figure of medical consent, there would be great uncertainty as to the extent of lawful provision of healthcare treatment, placing patients at high risk of abuse and unnecessary treatments.
Informed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. In order to give informed consent, the individual concerned must have adequate reasoning faculties and be in possession of all relevant facts at the time consent is given. Impairments to reasoning and judgment which may make it impossible for someone to give informed
I agree that this family is vulnerable and that their vulnerability should not exclude them from participating in a research study. Schrems (2014) discussed the importance of allowing vulnerable individuals the freedom to choose and I agree that in this case Fatima and her husband should be allowed the decision to participate in the study or not. However, I don’t agree that they should be encouraged. According to the Council for International Organizations of Medical Sciences (2002), “Informed consent is a decision to participate in research, taken by a competent individual who has received the necessary information; who has adequately understood the information; and who, after considering the information, has arrived at a decision without having been subjected to coercion, undue influence or inducement, or intimidation” (p. 22). This definition of informed consent explicitly states that the participant not be subjected to coercion and therefore encouragement would be in violation of the patient’s rights. So while I believe the family is capable of decision making, I do not believe they should be encouraged to participate.
Informed consent is the idea that each study member comprehends how they will take part in a study. This includes understanding the dangers that are related with the study, and also understand that they can pull out of the study whenever they feel uncomfortable. This is important because it shows respect for the study participants by preventing
However, instead researchers negotiate access through a range of gatekeepers such as school organisations, care settings e.tc. who have no legal rights in respect to the person’s decision to participate In research but generally have control over places where people are accessed. Similarly, they also have jurisdiction to determine the ways in the participant is informed about a study in the process of consent, which can influence the decision of partisans . Alternative, another concern arises in realted tmportance of appropriate informed consent is in inn _____ study whereby he notes that I many instances refuges are shocked to find their stories’s in public domains through DVDs and magazine, stating they are unable to understand the implication of a released DVD or media article despite informed consent. Another issue discussed by _______, use to community leads and those familiar with language, social systems and culture might exert tight control on the community, hence the consent might not voluntary. Consequently, the community elder might give consent to disclose information whilst the rest of the community might not agree with the decision and hence face negative consequences of a third parties
I found a interesting article in a scholarly article by Faden RR; Beauchamp TL; King NM, 1986. The article is called "A history and theory of informed consent". I chose to do this web report on the "Informed Consent" definition from Chapter 10. Informed consent is getting permission before carrying out a healthcare intervention on a patient. This article provides a historical and conceptual review of informed consent, and it provides the conditions in which such consent is obtained as well. A distinction is made between two concepts of informed consent. First is the informed consent which is defined in terms of the conditions of a particular kind of autonomous authorization and second is the informed consent where the nature and acceptability
The informed consent should be clear, describe in detail, and be written in lay terms so that participants in the study can make an informed decision whether or not to participate in the study. It should be constructed in a way to protect all human rights. Research participants are sometimes threatened by abuse or exploitation and the possibility of harm through research. To protect these participates the informed consent was developed (Schrems, 2014). It is extremely imperative to protect the human subjects in any research study. All researches need to complete the NIH “Protecting Human Research Participants” course in order to learn just how important it is to protect human