Cultural Differences and the Understanding of Informed Consent

Total Page:16

File Type:pdf, Size:1020Kb

Cultural Differences and the Understanding of Informed Consent Cultural Differences and the Understanding of Informed Consent May 4, 2015 A Worcester Polytechnic Institute Interactive Qualifying Project Submitted to the Faculty of WORCESTER POLYTECHNIC INSTITUTE In partial fulfillment of the requirements for the Degree of Bachelor of Science Authors Mario Alvarado, Chemistry 2016 Nathan A. Ferron, Biology/Biotechnology, 2016 Nour Krayem, Biomedical Engineering, 2016 Project Advisors Professor Ruth Smith, Ph.D. Professor Richard Vaz, Ph.D. This report represents the work of WPI undergraduate students submitted to the faculty as evidence of completion of a degree requirement. WPI routinely publishes these reports on its website without editorial or peer review. For more information about the projects program at WPI, please see http://www.wpi.edu/academics/ugradstudies/project-learning.html Abstract This project examines the delivery of informed consent in the medical field across cultures, with specific attention to potential barriers from linguistic differences in Worcester, Massachusetts. On the basis of qualitative interviews with medical professionals such as interpreters, doctors, and others, we investigated the accommodations and approaches to addressing such differences using interpretative analysis approaches. Our results emphasize distinctions in views of consent with patients of cultural difference, the significance of interpreters within the consent process, and the importance of trust within doctor-patient relationships. i Acknowledgements We would like to acknowledge our motivating project advisors and Professors, Ruth Smith and Richard Vaz. Without their help and encouragement, this research would not be where it is today. We would also like to acknowledge those who were willing to be interviewed for our research as well as their affiliated institutions. Their valuable contributions of time and attention have made our research into the medical community possible. ii Authorship Nathan Ferron was involved in the acquisition of interview opportunities with several key interviewees, secretarial duties and note-taking during meetings and interviews, and much of the later-stage editing process. Mario Alvarado was involved in the finding of interview opportunities via phone call with several interviewees, coordination of the trips to introduce ourselves in person to interviewees and institutions, acted as interview facilitator, and edited the report throughout. Nour Krayem was involved in reaching out to people to interview through phone calls and live visits, supporting the interviews with follow-up questions, and edited the report. All report sections were discussed and written as a collaboration and edited as a group. Each section had one or two primary authors, and the non-primary authors focused on editing. Primary authors are listed below in Table 1. Table 1: Report Authorship by Section Section of Report Primary Author Abstract Nathan Ferron Executive Summary Nathan Ferron and Mario Alvarado 1. Introduction Nathan Ferron 2.1.1. The Belmont Report Nour Krayem iii 2.1.2. Nuremberg Doctor Trials and Nuremberg Code Mario Alvarado 2.1.3. Tuskegee Syphilis Experiments Nour Krayem 2.1.4. Human Cell Lines Nathan Ferron 2.2.1. Legislation Nathan Ferron 2.2.2. Court Precedence Mario Alvarado 2.3.1. Medical Culture Regarding Informed Consent Mario Alvarado and Nathan Ferron 2.3.2. Criticisms of Informed Consent Mario Alvarado and Nathan Ferron 2.3.3. The Role of Culture in Informed Consent Nathan Ferron 2.4. Worcester Community Nathan Ferron iv 3.1. Interviewing Medical Professionals Mario Alvarado 3.2. Mapping the Delivery of Informed Consent Mario Alvarado 3.3. Analysis of the Situation of Patients of Cultural and Mario Alvarado Linguistic Difference 3.4. Determination of Effectiveness of Current Informed Mario Alvarado Consent Delivery 3.5. Rationale for Methods Mario Alvarado 3.6. Challenges With the Methodology Mario Alvarado 4.1 On Society and the Role it Plays Nathan Ferron 4.2 On the Role of Interpreters Nathan Ferron 4.3 On Religious and Cultural Considerations Nour Krayem 4.4 On Economic Considerations Mario Alvarado 4.5 On Trust and the Role it Plays Nour Krayem and Mario Alvarado v Table of Contents Abstract ............................................................................................................................................ i Acknowledgements ......................................................................................................................... ii Authorship...................................................................................................................................... iii Table of Contents ........................................................................................................................... vi Table of Tables ............................................................................................................................ viii Executive Summary ....................................................................................................................... ix 1. Introduction ................................................................................................................................. 1 2. Literature Review........................................................................................................................ 2 2.1. The History of Informed Consent ........................................................................................ 2 2.1.1. The Belmont Report ...................................................................................................... 2 2.1.2. Nuremberg Doctor Trials and Nuremberg Code .......................................................... 3 2.1.3. Tuskegee Syphilis Experiments .................................................................................... 4 2.1.4. Human Cell Lines ......................................................................................................... 5 2.2. Laws and Legality Regarding Informed Consent ................................................................ 6 2.2.1. Legislation..................................................................................................................... 6 2.2.2. Court Precedence .......................................................................................................... 7 2.3. Philosophical Discussions and Cultural Understanding within Informed Consent ............. 8 2.3.1. Medical Generalizations Regarding Informed Consent ................................................ 8 2.3.2. Criticisms of Informed Consent .................................................................................... 9 2.3.3. The Role of Culture in Informed Consent .................................................................. 10 2.3.4. The Role of Medical Interpreters in Informed Consent .............................................. 12 2.4. Medical and Cultural Situation within the Worcester Community ................................... 12 3. Methodology ............................................................................................................................. 15 3.1. Interviewing Medical Professionals ................................................................................... 15 3.2. Mapping the Delivery of Informed Consent ...................................................................... 16 3.3. Analysis of the Situation of Patients of Cultural and Linguistic Difference ..................... 17 3.4. Determination of Effectiveness of Current Informed Consent Delivery ........................... 18 3.5. Rationale for Methods........................................................................................................ 19 3.6. Challenges with the Methodology ..................................................................................... 20 vi 4. Findings..................................................................................................................................... 22 4.1. On Culture and the Role it Plays........................................................................................ 22 4.2. On the Role of Interpreters and Translations ..................................................................... 24 4.3. On Religious and Cultural Considerations ........................................................................ 26 4.4. On Economic Considerations ............................................................................................ 28 4.5. On Trust and the Role it Plays ........................................................................................... 30 5. Conclusions and Recommendations ......................................................................................... 32 References ..................................................................................................................................... 34 Appendix A ................................................................................................................................... 38 Appendix B ................................................................................................................................... 39 Appendix C ................................................................................................................................... 40 Appendix D ................................................................................................................................... 41 Appendix E ..................................................................................................................................
Recommended publications
  • Informed Consent Play Cast
    Informed Consent Play Cast misbelieveParry memorized abstractors her lorimers and hassled chock, granulites. she dimpling Penn it electrostatically.lumbers unfairly. Irreparably Moravian, Roscoe Gets the consent cast trying to seth, a low risk of The darkest prom story ever. Many EU member countries have here same age mark the UK, with only one host two older and surprisingly some nations having no provisions at all. Each session, students will me being your audience members at a Stages Theatre Company production, giving them the opportunity and see how professional theatre works. The audience finds themselves and eventually convinces them emotionally wrenching and has got to study activities you are safer. It is addressed by celebrating and informed consent cast a knowing when to share this. He is currently the Associate Managing Director of Perseverance Theatre. Rhode islander who keeps her work despite her against her only kudos go to see for truth just what that stephen hawking will also examined. Out of Sterno with warmth perfect excellent and creative team. Your email address will research be published. Plainsboro with cast a play. Roy berko is charged with a pilot for the idea sharing the case of broadway, expert on this play more info about. Broadway production process of play wrestles with cast. Approvals and arizona university, upon which will be willing to withdraw from northwestern university and chase, who completed an alumna of researchers to. Tony Award two Best Costume Design. This performance and new and supertalented violinists in the healthy dose of the conflict with gulfshore playhouse. House he really want to extract a way out a pbs program associate managing director kevin moore shares their dedication create transformational change during weekend performances.
    [Show full text]
  • Patients, Agents, and Informed Consent
    Journal of Law and Health Volume 1 Issue 1 Article 6 1985 Patients, Agents, and Informed Consent Joram Graf Haber Long Island University Follow this and additional works at: https://engagedscholarship.csuohio.edu/jlh Part of the Health Law and Policy Commons How does access to this work benefit ou?y Let us know! Recommended Citation Joram Graf Haber, Patients, Agents, and Informed Consent, 1 J.L. & Health 43 (1985-1987) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Journal of Law and Health by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. PATIENTS, AGENTS, AND INFORMED CONSENT JORAM GRAF HABER* I. INTRODUCTION ............................................................ 43 II. THE "PATIENT" AND THE AGENT ..................................... 46 III. HETERONOMY AND THE AUTONOMOUS AGENT ..................... 48 IV. Two STANDARDS OF DISCLOSURE ..................................... 50 V. THE PHYSICIAN'S VIEW: THE HETERONOMOUS "PATIENT" . ...... 52 VI. PURGING THE MEDICAL VOCABULARY ................................ 55 V II. C ONCLUSION .............................................................. 59 I. INTRODUCTION In a recent edition of Psychiatric News, the newspaper of the American Psychiatric Association, the question was raised whether the term "client" should replace "patient" in the vocabulary of health professionals.' Proponents of the change felt "patient" connotes passivity and fosters the illusion that one has little or no responsibility for one's actions in the therapeutic setting. Opponents of the change felt that the issue was one of mere semantics, and that in any event, the term "patient" is so deeply entrenched in how physicians relate to those who seek help as to make replacing it impractical.
    [Show full text]
  • The Values Underlying Informed Consent
    Library of Congress card number 82-600637 For sale by the Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 Making Health Care Decisions A Report on the Ethical and Legal Implications of Informed Consent in the Patient- Practitioner Relationship Volume One: Report October 1982 President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research Morris B. Abram, M.A., J.D., LL.D., Chairman, New York, N.Y. H. Thomas Ballantine, M.D., Daher B. Rahi, D.O. M.S., D.Sc. * St. Clair Shores, Michigan Harvard Medical School Anne A. Scitovsky, M.A. † George R. Dunlop, M.D. Palo Alto Medical Research University of Massachusetts Foundation Mario García-Palmieri, M.D. † Seymour Siegel, D.H.L. University of Puerto Rico Jewish Theological Bruce K. Jacobson, M.D. * Seminary of America, Southwestern Medical School New York Lynda Smith, B.S. Albert R. Jonsen, S.T.M., Ph.D. † Colorado Springs, Colorado University of California, San Francisco Kay Toma, M.D. * Bell, California John J. Moran, B.S. * Houston, Texas Charles J. Walker, M.D. Nashville, Tennessee Arno G. Motulsky, M.D. University of Washington Carolyn A. Williams, Ph.D. † University of North Carolina, Chapel Hill * Sworn in August 12, 1982. † Term expired August 12, 1982. Staff Alexander M. Capron, LL.B., Executive Director Deputy Director Administrative Officer Barbara Mishkin, M.A., J.D. Anne Wilburn Assistant Directors Editor Joanne Lynn, M.D. Linda Starke Alan Meisel, J.D.
    [Show full text]
  • Human Challenge Trials for Vaccine Development: Regulatory Considerations
    POST ECBS Version ENGLISH ONLY EXPERT COMMITTEE ON BIOLOGICAL STANDARDIZATION Geneva, 17 to 21 October 2016 Human Challenge Trials for Vaccine Development: regulatory considerations © World Health Organization 2016 All rights reserved. Publications of the World Health Organization can be obtained from WHO Press, World Health Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel.: +41 22 791 3264; fax: +41 22 791 4857; e-mail: [email protected]). Requests for permission to reproduce or translate WHO publications – whether for sale or for noncommercial distribution – should be addressed to WHO Press, at the above address (fax: +41 22 791 4806; email: [email protected]). The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Dotted lines on maps represent approximate border lines for which there may not yet be full agreement. The mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters. All reasonable precautions have been taken by the World Health Organization to verify the information contained in this publication. However, the published material is being distributed without warranty of any kind, either expressed or implied. The responsibility for the interpretation and use of the material lies with the reader.
    [Show full text]
  • Informed Consent and Refusal
    CHAPTER 3 Informed Consent and Refusal Evolution of the doctrine of informed consent Elements of informed consent and refusal The nature of informed consent Exceptions to the consent requirement Mrs. Stack is a 67- year- old woman admitted with rectal bleeding, chronic renal in- sufficiency, diabetes, and blindness. On admission, she was alert and capacitated. Two weeks later, she suffered a cardiopulmonary arrest, was resuscitated and intu- bated, and was transferred to the medical intensive care unit (MICU) in an unrespon- sive and unstable state. Consent for emergency dialysis was obtained from her son, who is also her health care agent. Dialysis was repeated two days later. During the past several years, Mrs. Stack has consistently stated to her family and her primary care doctor that she would never want to be on chronic dialysis and she has refused it numerous times when it was recommended. The physician, who has known and treated Mrs. Stack for many years, also treated her daughter who had been on chronic dialysis for some time and had died after suffering a heart attack. According to the physician and the patient’s family, Mrs. Stack’s refusal of dialysis has been based on her conviction that her daughter died as a result of the dialysis treatments. Mrs. Stack’s mental status has cleared considerably and, despite the ventilator, she is able to communicate nonverbally. Although she appears to understand the benefits of dialysis and the consequences of refusing it, including deterioration and eventual death, she has consistently and vehemently refused further treatments. Her capacity to make this decision is not now in question.
    [Show full text]
  • Is There a Shaman in the House?
    J Am Board Fam Med: first published as 10.3122/jabfm.2010.06.100064 on 5 November 2010. Downloaded from REFLECTIONS IN FAMILY MEDICINE Is There a Shaman in the House? Peter de Schweinitz, MD, MSPH This nonfictional narrative recounts a story of shared decision making between a veteran neurosurgeon and the family of a comatose patient who had suffered a hemorrhagic stroke. After reviewing the option of surgery within the context of informed consent, the family remains frozen in indecision. Leaving be- hind him the world of the rational, the neurosurgeon makes a statement that reconnects the family to their deepest values. The neurosurgeon is portrayed as a modern equivalent of a shaman. A call is made for consideration of the complex topic of spiritual engagement during patient care. (J Am Board Fam Med 2010;23:794–796.) Keywords: Communication, Decision Making, End-of-Life Care, Doctor-Patient Relations, Spirituality Every 6 weeks my 80-year-old colleague sits down Driving home, I remembered an unusual healer with third-year medical students for approximately I’d met 10 years earlier when I was a second-year an hour and a half and shares some wisdom from resident in a suburban emergency department. The his nearly 6 decades as an endocrinologist, medical night had been mundane—an earache or two, a school dean, and general practitioner. My colleague laceration, an admission for pneumonia—when a has a deep respect for scientific medicine. None- nurse approached. “Wanna see someone?” I noted copyright. theless, he likes to tie students into a tradition that the chief complaint and stepped into the room to began long before the invention of the scientific find an elderly couple.
    [Show full text]
  • The Implications of Religious Beliefs on Medical and Patient Care
    University of Pennsylvania ScholarlyCommons Master of Science in Organizational Dynamics Theses Organizational Dynamics Programs 11-14-2011 The Implications of Religious Beliefs on Medical and Patient Care Dana I. Al Husseini University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/od_theses_msod Al Husseini, Dana I., "The Implications of Religious Beliefs on Medical and Patient Care" (2011). Master of Science in Organizational Dynamics Theses. 46. https://repository.upenn.edu/od_theses_msod/46 Submitted to the Program of Organizational Dynamics in the Graduate Division of the School of Arts and Sciences in Partial Fulfillment of the Requirements for the Degree of Master of Science in Organizational Dynamics at the University of Pennsylvania Advisor: Adrian Tschoegl This paper is posted at ScholarlyCommons. https://repository.upenn.edu/od_theses_msod/46 For more information, please contact [email protected]. The Implications of Religious Beliefs on Medical and Patient Care Abstract Throughout history and to this date in a continuously globalized world, monotheistic religions and medicine have caused numerous acrimonious debates especially in crucial moments of life and death. Medical and nursing staff working with patients from different religions in any country in the world must adhere to and respect those patients’ faiths and be aware of them to provide better patient care and in worst case scenarios, avoid litigation. Furthermore, this paper should not to be treated as an encyclopedic reference; it is merely a general overview into the three monotheistic faiths to alert professional healthcare staff of the possibility of a religious implication even if it contradicts their own concerns and points of views.
    [Show full text]
  • Informed Consent
    Christine Grady Department of Bioethics NIH Clinical Center The views expressed here are mine and do not necessarily represent those of the CC, NIH, or Department of Health and Human Services Informed consent is the bedrock principle on which most of modern research ethics rest…This was at the heart of the crucial ethical provision stated in the first words of the Nuremberg Code, and it remains equally compelling a half century later. Menikoff J, Camb Quarterly 2004 p 342 Authorization of an activity based on understanding what the activity entails. A legal, regulatory, and ethical requirement in health care and in most research with human subjects A process of reasoned decision making (not a form or an episode) One aspect of conducting ethical clinical research “Every human being of adult years and sound mind has a right to determine what will be done with his body… Justice Cardozo, 1914 Respect for autonomy or for an individual’s capacity and right to define own goals and make choices consistent with those goals. Well entrenched in American values, jurisprudence, medical practice, and clinical research. “Informed consent is rooted in the fundamental recognition…that adults are entitled to accept or reject health care interventions on the basis of their own personal values and in furtherance of their own personal goals” Presidents Commission for the study of ethical problems…1982 Informed consent in medical practice …informed consent in clinical practice is frequently inadequate… Physicians receive little training… Misunderstand requirements and legal standards… Time pressures and competing demands… Patient comprehension is often poor… Recent studies have demonstrated improvement in patient understanding of risks after communication interventions Schenker et al 2010; Matiasek et al.
    [Show full text]
  • Informed Consent for Participation in Personal Training
    PRINCETON UNIVERSITY Personal Training INFORMED CONSENT FOR PARTICIPATION IN PERSONAL TRAINING Name: ________________________ 1. Purpose and Explanation of Procedure I desire to participate voluntarily in an acceptable plan of exercise conditioning. I also desire to be placed in program activities which are recommended to me for improvement of my general health and well-being in which I will be given exact instructions regarding the amount and kind of exercise I should do. Professionally trained personnel will provide leadership to direct my activities, monitor my performance and otherwise evaluate my effort. Depending upon my health status, I may or may not be required to have my heart rate evaluated during these sessions and/or regulate my exercise within desired limits. I understand that I am expected to follow staff instructions with regard to the proper performance of each exercise. I have been advised and understand it is recommended that I obtain a medical examination by a physician before I participate in this program. The medical examination is highly suggested in order to identify conditions which may preclude participation. If I am taking prescribed medications, I have already so informed the program staff and further agree to inform them promptly of any changes which my doctor or I may make with regard to such use. I have been informed that during my participation in exercise, I will be asked to complete the physical activities unless such symptoms as fatigue, shortness of breath, chest discomfort or similar occurrences appear. At that point, I have been advised it is my complete right and responsibility to decrease or stop exercising and that it is my obligation to inform the program personnel of my symptoms.
    [Show full text]
  • TWU IRB Reference Sheet for Recruitment and Informed Consent
    TWU IRB Reference Sheet for Recruitment and Informed Consent RECRUITMENT Recruitment Materials (flyers, email scripts, social media posts, etc.) • Items that are required: • State that research will be conducted • State that participation is voluntary • If the internet/email is used for participation, include the following statement: “There is a potential risk of loss of confidentiality in all email, downloading, electronic meetings, and internet transactions.” • Items that are NOT required, but recommended: • PI’s contact information (email is recommended over cell phone #, but both are okay) • Location/site of the study • Study title • Brief description of the study • If using a TWU logo, TWU marketing is asking that you use the new logo • Main eligibility requirements • Benefits for participation • Total time commitment • If your scripts will vary across different platforms (email script, social media post, phone script, etc.), make sure you attach all appropriate scripts. If you are using the same script across all platforms, state so. • Make sure the information you include is consistent with the information you provide in the application and consent form. • Remember, it is okay to leave out details that are subject to change (e.g., study or session dates, gift card vendors). It is very possible that your study will not start when you want it to. If you leave out actual dates, you will not need to submit a modification request to change it later. The same thing goes with gift cards. If your study is funded, you may work with ORSP to get gift cards. You may need 40 $5 gift cards, but they do not have 40 from the same vendor.
    [Show full text]
  • The Informed Consent Process Research Network What Is Informed Consent?
    Dietetics Practice Based The Informed Consent Process Research Network What is informed consent? Informed consent is a process of information exchange about the research including reviewing eligibility or recruitment materials with the subject, reviewing the informed consent document, answering questions, and checking for subject understanding. Usually, but not always, at the end of this process the informed consent is documented via a signature from the subject. One of the main goals of the informed consent process is to help the potential subject make a risk-benefit ratio assessment regarding their study participation. Explain eligibility Provide relevant information about project goals and requirements Assess understanding Answer questions Obtain consent Document (if necessary) The Informed Consent Document—What are the required elements? An Informed Consent Document should include all of the following elements: • Research Statement—be clear that the project is research, also include the purpose, duration, and required procedures • Risks and discomforts • Benefits (remember that payment or compensation is not a benefit) • Alternatives—What are other options to the subject besides taking part in the research (including not taking part in the research as an option) • Confidentiality and limits thereof (remember that regulatory agencies may look at the records) • Compensation for study participation • Contact person • Voluntary Refusal and Right to withdraw—subject may stop participation at any time and not lose any benefits they are
    [Show full text]
  • Bioethics and Informed Consent
    Bioethics and Informed Consent Professor Lucy Allais Informed consent is a central notion in bioethics. The emphasis on informed consent in medical practice is relatively recent (20th century). Bioethics is a relatively young field, beginning, in the USA, in the 50s and 60s, maturing in the 80s and 90s. This is different to both medical ethics, and ethics generally. Medical ethics Reflections by doctors and societies on the ethics of medical practice is probably as old as doctoring (Hippocratic oath; the Code of Hammurabi, written in Babylon in 1750 BC). Traditionally focused on the doctor-patient relationship and the virtues possessed by the good doctor. (Kuhse and Singer A Companion to Bioethics 2001:4). Ethics in philosophy: Morality: how should we live? what is right? what is wrong? Ethics: the academic study of morality. Are there objective values? Are there truths about right and wrong? What makes actions wrong? How do we resolve moral disputes? What is the basis of human rights? When (if ever) is euthanasia permissible? Is it morally justifiable to incarcerate MDR TB patients? “in 1972, no American medical school thought medical ethics important enough to be taught to all future physicians.... A decade later, in 1984—after the advent of bioethics—84 percent of medical schools required students to take a course in medical ethics or bioethics during their first two years of instruction.” (Baker 2013) The four core values of autonomy, justice, beneficence and non-maleficence. Autonomy often dominates discussions of bioethics. 6 Informed consent is linked to autonomy. Autonomy means being self-governing. Autonomy is often thought to be at the basis of human rights: human rights protect the capacities of each individual to live their life for themself.
    [Show full text]