Clinical trials are part of clinical research and, more importantly, the root of medical advances for the past hundred-plus years. Clinical trials and research help us find new treatments for illnesses, make advancements to prevent diseases, and even discover new ways to detect diseases. At the root of all clinical research is something even more important than the discovery—the fully informed consent of the participant.
Informed consent is one of the highest principles in the medical profession, as it is the ethical and legal requirement for all physicians—and in the case of clinical trials, research professionals —to provide the patient/participant with all the relevant communication to treatment and research. In this process, the participant will completely understand the risks associated with the trial and the benefits the researchers hope to discover.
Informed Consent in Clinical Research
In clinical research, volunteers take risks involved in the study for any benefits discovered during the testing. Informed consent in clinical research goes beyond a mere legal requirement—it is an ethical imperative. Moreso, informed consent is the process of providing potential participants with the key facts about a clinical trial before they decide whether to participate.
A lack of informed consent in the research field effectively denies a participant the ability to fully understand the study, depriving their ability to make a fully formed decision to participate. According to the U.S. Food and Drug Administration, researchers build trust and transparency by providing accurate and understandable information about the study, ensuring the participant understands alternate options available, their confidentiality in participating, and their right to withdraw from a study at any time without consequence.
Elements of Informed Consent
Obtaining informed consent for research requires a few vital elements, including disclosure of information, volunteerism, and full decision-making capacity.
Disclosure of information is critical for valid informed consent, requiring the participant to know the purpose of the study, treatment or intervention details, potential risks and benefits, alternative treatments, right to withdraw, and other relevant information. Researchers must ensure truthful and ethical disclosure, eliminating any bias in presentations or inadequate information to pass along.
Volunteerism is at the core of any clinical trial, as all participants must know and understand all aspects of the trial. Researchers must allow participants significant time to review materials, ask questions, and consult with others if desired. Any undue influence must be strictly avoided, ensuring voluntary participation free from pressure.
Decision-making capacity is defined by the Veterans Health Administration (VHA) Handbook as “the ability to understand and appreciate the nature and consequences of health decisions and to formulate and communicate decisions concerning health care.” Researchers should ensure that participants understand the research’s purpose, any associated risks, their obligations to participate in the study, and their ability to withdraw at any point.
The Malpractice of Research and Lack of Informed Consent
Participants who suffer any harm or consequences from a clinical trial may seek compensation for their ailments. The presence of an attorney familiar with medical malpractice cases can bring peace of mind to the afflicted should any complications arise involving a lack of informed consent.
Generally, participating in a clinical trial requires permission and a signature on a large amount of paperwork. Still, there are times when a severe reaction or complication must be addressed.
In some situations, you may experience complications due to negligence that could fall into any of the following:
- Lack of proper explanation of the clinical trial’s risks;
- Did not receive guidance or clarification on paperwork and consent forms;
- Coercion to participate in the clinical trial; or
- Health worsened as a result of taking part in the clinical trial
Summary
Inadequate informed consent can have significant legal implications. Patients have the right to be fully informed about their medical treatments or procedures, and failure to obtain informed consent may lead to medical malpractice claims.
If you feel you are a victim of a lack of informed consent, it’s essential to seek legal representation from a medical malpractice firm. Navigating the complexities of medical malpractice cases involving inadequate informed consent can be challenging. Patients often receive consent forms shortly before a procedure or operation, leaving little time for a thorough review. However, it is the patient’s responsibility to read the consent form prior to any procedure. If any questions or concerns arise regarding the listed risks, it is crucial for patients to request a discussion with a doctor to gain clarity and fully understand the potential risks involved.
An experienced attorney can help you understand your legal options and hold the responsible parties accountable for their actions. In addition to seeking legal recourse, working with healthcare providers is important to ensure you receive the appropriate medical care and support.
To schedule a free consultation, call us at 317-566-9600 (Indianapolis), 765-865-9300 (Kokomo), or 812-566-2600 (Bloomington), or complete our online inquiry form to schedule an appointment* with one of our health professional attorneys to review your case. We hope to hear from you if you were harmed through medical treatments or neglect. We have offices in Indianapolis, Kokomo, and Bloomington to serve you.
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