Legal issues for nurses. Consent & disclosure of medical treatment for minors: new issues for generation X and beyond. Part II.
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This study was designed to explore: (1) who is responsible for disclosing to Taiwanese cancer patients the diagnosis of cancer, (2) the extent of disclosure, and (3) the relationship between the disclosure of the cancer diagnosis and the quality of cancer pain management as perceived by the patients experiencing cancer pain. One hundred twelve cancer patients with pain were recruited from three teaching hospitals in Taiwan. The major findings in this study were as follows: the majority of the patients with pain (79%) had been informed that the diagnosis was cancer, and for the majority (89%) the disclosure of cancer had been made by their physicians; older patients and those with lower levels of education were less likely to be told that they had been diagnosed with cancer; and patients to whom it was disclosed that the diagnosis was cancer tended to experience lower levels of pain intensity, lower levels of pain interference, and higher levels of satisfaction with pain management provided by clinicians. These findings provide significant implications for disclosure practice for Taiwanese oncology clinicians.
AIMS: To examine (a) effects of different modes of data collection on the reporting of alcohol consumption and non-response rate, and (b) differences in reported consumption between respondents and non-respondents. DESIGN: Two versions of a health questionnaire survey were assigned to two random samples, one version to each sample. Version 1 consisted of a telephone interview without alcohol questions, followed by a mailed questionnaire with alcohol questions. Version 2 consisted of a telephone interview with alcohol questions, followed by a mailed questionnaire without alcohol questions. SETTING: Participants were recruited randomly in eight Swiss cantons. PARTICIPANTS: Five hundred and thirty-seven (404) respondents to the telephone interview (and subsequent mailed questionnaire) with version 1, and 451 (360) with version 2. MEASUREMENTS: Alcohol-use variables derived from a quantity-frequency measure. RESULTS: Respondents to the mailed questionnaire (version 2) did not differ significantly in alcohol consumption from non-respondents. Response rate was not affected by inclusion of alcohol questions, but respondents asked by telephone about their alcohol use were more often abstainers and less often hazardous drinkers than respondents to the mailed question. CONCLUSION: The study gives no indication that interviews are refused because alcohol consumption is a questionnaire topic, but suggests that postal questionnaires give slightly greater disclosure of alcohol consumption.
The voluntary compliance guidance for third-party billing companies released by the HHS Office of Inspector General (OIG) in December 1998, like the OIG's previously released guidance directed at hospitals, home health agencies, and clinical laboratories, identifies seven minimum elements for an effective corporate compliance program: written compliance policies, designation of a compliance officer, ongoing training, open lines of communication, guidelines to ensure the enforcement of compliance standards, internal monitoring and auditing of compliance activity, and procedures to respond to and correct errors. Three areas of concern for third-party billing companies are emphasized in the new guidance document: compliance risk, claims documentation, and disclosure of suspected misconduct or fraud.
Because adolescents are codified as incompetents, their health care decision-making authority often is encroached upon. When a teenager develops a serious disease such as cancer, others are even more likely to appropriate decision-making authority than under normal circumstances. Adolescents can contribute to decisions concerning their treatment provided certain guidelines are used. These guidelines stem from bioethical concerns and our understanding of the development in cognitive ability related to decision-making. This article summarizes considerations relating to each of these two areas. Because the clinical stage of the malignancy also affects bioethical concerns, the adolescent's role in decision-making at the time of initial diagnosis and recurrence are discussed.
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It is timely to consider the issue of consent to treatment in clinical oncology in a period of changing expectations where signed consent has become obligatory. Consent has a dual purpose to protect patient and doctor; if one is achieved without the other then the task is incomplete. In terms of meaningful consent the consent form is of relatively little value and it is necessary to appreciate that, if patients are to truly exercise their right of choice, they need information in ways and in situations which may mean oncologists having to alter their work practices. Oncologists work without necessarily knowing what other oncologists do or do not tell their patients, or of what ought to be told. It is unlikely that the probable wide variations for similar patients across the country will be tolerated in the future and this should act as an incentive to arrive at agreed guidelines which are protective of all the legitimate interests. The problems and the possible solutions are discussed.
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Therapeutic options for breast cancer, particularly for early-stage disease, and increased patient participation in medical decision-making have oriented state legislatures toward ensuring that women with breast cancer have adequate information about treatment alternatives. Currently, 18 states have enacted statutes regarding physician disclosure of treatment alternatives to breast cancer patients. This paper reviews these statutes in the context of the requirements imposed on the physician as health care provider and the content of medical information presented to the patient as a consequence of the laws. State statutes were identified through the National Cancer Institute's State Cancer Legislative Database, and the statutory requirements were analyzed. For statutes requiring development of a written summary of treatment alternatives, the most recent summary was obtained through the responsible state agency, and informational content was analyzed for relevance to treatment decisions in early-stage disease. As a group, these laws address informed consent for treatment, physician behavior within the patient-physician relationship, and the medical information upon which treatment decisions are based. Individual statutes vary in the scope of the issues addressed, particularly in the responsibility placed on physicians, and treatment option summaries developed in response to this legislation vary widely in content and scope. Despite broad implications of these statutes in oncology practice, little is known about their effects on breast cancer care. Additional research is needed to define the impact of these statutes on breast cancer care, as such legislation is considered by other states for this and other diseases.
Because practicing physicians are poorly prepared to resolve many ethical issues that arise in patient care, this article proposes that residencies include practical training in medical ethics. Training in medical ethics helps physicians recognize ethical issues in patient care and resolve those issues wisely. Furthermore, such training has its maximum impact during the professionally formative years of residency. The article specifies key ethical concepts residents should know, including knowing how to obtain informed consent, knowing what to do about incompetent patients, knowing when to withhold or disclose clinical information, and knowing how to use resources properly. The article also points out that the success of residency training in ethics depends on strong commitments from the department: endorsement by the chairman and the residency program director; recruitment of several dedicated faculty; support for adequate ethics training for these faculty; dedication of conferences, rounds, and consultations to teaching ethics; and allocation of sufficient funds.
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