Ethics for the Laboratory Physician
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Transcript Ethics for the Laboratory Physician
Ethics for the Laboratory
Physician
Web Teleconference Feb 21 2012
JF Magee
Laboratory Medicine/Pediatrics IWK
objectives
to provide practical examples of how ethical issues may
impact the practice of present day laboratory medicine
to provide an brief overview of
ethics and the growth of bioethics
professional conduct
laboratory medicine specific issues
autopsy practice
utilization of biological materials
medical error
questions of bioethics
‘spin’ and rules
critical appraisal
conflict of interest
no conflicts to declare
definitions
morals
derived from the Latin word moralitas ‘custom or habit’
principles, standards or habits with respect to right or wrong in conduct
conformity with generally accepted standard
ethics
derived from the Greek word ethikos ‘pertaining to custom and habit’
a generic term for various ways of understanding and examining moral life
a system or code of morals of a particular person, group, religion or profession etc.
conformity with an elaborated or ideal code of a particular profession
terms may be used interchangeably
Johnstone MJ. 1999 Bioethics-a nursing perspective 3rd ed
profession
an occupation requiring advanced training
self-policing
professional: worthy of the high standards of that profession
ethics-a history
society
benevolence, sincerity, kindliness
[Confucius]
concept of personhood [Akan Cultures,
Africa]
religions
truth and competence
[Christianity]
good character [Islam]
personal virtue [Judaism]
social security [Hinduism]
philosophers
duty based ethics [Kant]
utilitarianism-compare good
and bad outcomes [Stuart Mills]
social contract to provide for fair
process of distribution
legal systems
theories from all of the above have
become entrenched in the more recent
field of bioethics
medicine
‘the work of healing…in all cultures has
been wrapped in moral and religious
meanings’
Hippocrates
do no harm
Ayurvedic medicine
strive with all being to heal the
sick
Islam (Oath of the Muslim Doctor)
strive to heal
Thomas Percival
medical ethics 1803
Florence Nightingale
epidemiologist-1854
American Medical Association
adapted Percival’s text 1847
bioethics-a history
1753 : Lind (HMS
Salisbury):
concluded that the
‘intervention’ group
were more likely to be
disease free
1798 : Jenner (cowpox
vaccine)
his own child and
other young children in
the neighborhood
1897: Saranelli (yellow
fever) :
to prove this claim he
had injected 5 persons
with the isolate
US Surgeon General
commissioned Walter Reed to
identify the cause of yellow
fever
self experiment on
members of the ‘Yellow
Fever Board’
only adults would be
enrolled
written contract
payment of $100 if willing
to be exposed
further $100 if developed
illness.
bioethics-a history
23 Nazi doctors and beaurocrats were tried by
the Allies for performing ‘illegal’ experiments on
thousands of prisoners
court documents identified 1750 prisoners
high altitude [low pressure] experiments
freezing
malaria
mustard gas
sulphanilaminde
typhus
poison
incendiary bomb
sterilization
bioethics-a history
as a result of this the Nuremberg code was
enacted
viewed as a
‘document that was needed to restrain a
totalitarian regime of unquestionable brutality but
was not applicable to the “rest of us”
NYT coverage :
less than 12 articles 1945-47, only the Aug 47 guilty
verdict appeared on page 1.
bioethics-a history
22 studies which he claimed
‘violated basic standards of ethical
research with human beings’
children deliberately exposed to
hepatitis (Willowbrook, NY)
rheumatic fever trial : penicillin
withheld from the controls
live cancer cells injected into 22
human subjects (Jewish Chronic
Disease Hospital, Brooklyn)
during bronchoscopy, needle
inserted into the left atrium
conclusions
‘informed consent’
‘virtuous investigator’
Beecher, HK. Ethics and clinical research, NEJM,
1966;274:1354-60
Mc Dermott: ‘medicine has given
to society the case for its rights in
the continuation of clinical
investigation’
Annals of In Med,1967;39-42
Eisenberg: ‘the economic and
social costs of disease and death
eminently justified human
experimentation in spite of the
inherent limitations of the informed
consent ideal’
Science, 1977;1105-10
Lasagna: ‘for the ethical
experienced investigator no laws
are needed and for the
unscrupulous incompetent no laws
will help’
Human Aspects of Biomedical
investigation,1971;109
bioethics-a history
study initiated in 1932, Macon County, Alabama
400 males recruited
not informed of true nature of their condition or of the
study, nor were their partners informed
no treatment for syphilis (even after 1940 when penicillin
became available)
study ran until 1972
74 still alive
perhaps more than 100 had died directly from advanced
syphilitic lesions
compensation authorized for survivors in late 70s
formal apology by President Bill Clinton 1997.
Reverby SM. Ed ‘Tuskegee’s Truths’. Chapel Hill, University of North Carolina,
2000
regulations
The Declaration of Helsinki : Ethical Principles for
Medical Research involving Human Subjects [1975]
The Belmont Report : Ethical Principles and Guidelines
for the Protection of Human Subjects of Research [1979]
The Common Rule; Title 45 (Public Welfare), Code of
Federal Regulations, Part 46 [Protection of Human
Subjects) [1991]
The Council for International Organization of Medical
Sciences (CIOMS) in collaboration with the World
Health Organization (WHO) [2002]
The ICH Harmonized Tripartite Guideline for Good
Clinical Practice (ICH-GCP Guideline) [1996]
Tri Council: Ethical Conduct for Research involving
Humans [1970-94]
georgetown principles
beneficence
an ethical principal which requires
provision of benefits and
balancing of benefits and harm
NCBHR, Canada
non-maleficence
not to inflict evil or harm
to prevent evil or harm
to remove evil
respect for the individual
individuals be treated as autonomous
persons with diminished autonomy are entitled to protection
justice
equals to be treated equally
fairness in distribution
provision of what is deserved
summary
medical research has not always been
conducted in an ethical manner
‘society’ has expectations
medical research be conducted
benefit will accrue from such medical research
research be conducted in an ‘ethical manner’
informed consent is viewed as a ‘self evident moral
obligation’
presently numerous sets of ‘rules’ of ethics now
exist
profession
an occupation, vocation or career where specialized
knowledge is applied.
term usually applied to occupations that involve
prolonged academic training and a formal qualification.
"professional activity involves systematic knowledge
and proficiency.”
usually regulated by
professional bodies
may set examinations of competence
act as a licensing authority for practitioners
enforce adherence to an ethical code of practice
articulate a commitment to service
medicine
‘the work of healing has been
wrapped in moral and religious
meanings’
Hippocrates
a commitment to the highest
standards of excellence in the
practice of medicine
do no harm
Ayurvedic medicine
strive with all being to heal the sick.
Islam (Oath of the Muslim Doctor)
strive to heal
treat patient with respect
a commitment to sustain the
interests and welfare of
patients
Thomas Percival
medical ethics 1803
Florence Nightingale
epidemiologist-1854
American Medical Association
adapted percival’s text 1847
a commitment to be
responsive to the health needs
of society
ABIM Project Professionalism
CAP
professional duties consistent with current standards
should not associate with other professionals…. who do
not practice in a recognized scientific method
should not direct or supervise a laboratory if he/she
lacks experience or adequate training
should complete their medical consults in a prompt,
accurate and complete form
autopsy practice
organ retention
Bristol inquiry [UK]
1998 BRI Inquiry (Kennedy)
• public alarm of death rate in children undergoing cardiac surgery 1996
• parents concern over the death of her 11 month old daughter in 1992
• public inquiry into surgical management of children with complex cardiac disorders
• identified a practice of organ retention following autopsy
‘without the realization of parents’
• viewed as standard of care
Alder Hay referred to as an example
Alder Hay [UK]
1999 Royal Liverpool Children’s Inquiry (Redfern)
• public inquiry into practices of the then Professor of Pathology
inappropriate organ retention
identified tissue museum
Halifax
IWK 1995-8
• same anatomic pathologists as Alder Hay
• body parts stored in a warehouse
Melbourne [Aus]
2000 Royal Children’s and Royal Women’s Hospitals
Sydney [Aus]
2001 Inquiry into matters arising from post-mortem and anatomical examination practices of the institute of Forensic
Medicine
autopsy practice
Khong TY et al J Peds and Child Health 2006
autopsy rates falling
1999-2001
2001-2
2002-3
71.7%
61.5%
50.5%
more detailed consent process
less ‘extensive’ procedures
‘it is likely that they have introduced choice as evidenced by the
increase in the number of external examinations in the later years of
this study’
less likely to submit tissue for research and educational purposes
granted
not granted
1999-01
2001-2
2002-4
220
92
43
26
21
110
autopsy practice
Cartlidge PHT el al. Value and quality of perinatal and infant postmortem exmination:cohort analysis of 400
consecutive deaths BMJ 1996;310:155-158
all perinatal deaths during a calendar year
assessed ‘quality’ on the basis of the
Royal College Guidelines
autopsy rate 53-58%
below standard in 44% of cases
contributory in 17%
autopsy practice
Magee JF Drysdale J, ISPD 2010
a critical appraisal of data obtained from 92 stillbirth autopsies performed at the IWK
Health Centre
2004 consent for ‘full’ autopsy examination in 97% of cases.
2005 consent in for ‘full’ autopsy examination in 73% of cases.
gross examination of fetus
performed 100% of cases-SNF in 29% of cases
microscopic examination of fetal tissue
performed in 97%-SNF in 16% of cases
cytogenetic studies
performed in 50%-SNF in 15% of cases
radiologic studies
performed in 92% -SNF in 7% of cases
detailed CNS examination
performed in 89%-SNF in 5% of cases
placental examination
performed in 98% of cases-SNF 4% of cases.
average time to produce reports
preliminary 14 days
final reports was 90 days (no CNS)
170 days (CNS).
autopsy practice
ethical considerations of the perinatal autopsy
TY Khong. J Med Ethics 1996
consent
who is asked?
who asks?
lack of knowledge in those seeking consent in cases of
adult autopsy
Chana J et al J Coll Phy Lon 1990
what constitutes an autopsy
what does consent allow for
who performs the test
what is an acceptable test
biological materials
ryk ward and the nu’uchalnuth
ryk ward
born UK
grew up NZ
BSc [anthropology, biology, genetics) NZ
Phd [human genetic Ann Arbor]
UBC [faculty position in Medical Genetics]
UBC
1983 arthritis study-HLA typing
blood samples from the nu’uchalnuth band
later moved to Utah/Oxford (professor of biological anthropology)
kept blood and used them in subsequent studies (migration of aboriginals)
eventually comes to light [1998/9]
nu’uchalnuth
demanded return of samples
demanded codes of behavior
IAH http://www.health-sciences.ubc.ca/iah/
BC Aboriginal Capacity and Research Development Environment [ACADRE]
http://www.health-sciences.ubc.ca/iah/acadre/
biological materials
collection and storage of human biological materials has
become integral to disease diagnosis and human
research
nature of materials is wide ranging
tissue
solid tumor tissue [-70C]
paraffin block
blood samples
NBS blotters
plasma/serum samples
laboratory medical practice requires retention of
diagnostic samples-may be viewed as ‘resource’ by
research community
biological materials
d wendler
systematic review of individuals views regarding
consent for research with biological materials
2483 articles
31 [views on 33,000 individuals]
90% want to make their own decision
• 80-95%% would donate
• 5-10% would not
6 dealt specifically with residual samples
• in 5/6 studies >90% were willing to donate samples for
research
• in the 6th study 83% were willing to donate
biological materials
d wendler
6 studies
2 date from the 90s
Start D et al BMJ 1996;313:1366-68
Hamajima N et al J. Journal Can Res 1998;89:341-6
2 published by same group
Lack and Womack
• BMJ 2003;327(Aug):262-3
• BMJ 2003;327(Oct):781-2
ECOG
Malone T et al. JNCI 2002;94:769-771
• 2 consent forms
89.4% shorter version
93.7% explicit version
92.1% for >65 years
88.7% fro <65 years
biological materials
1990-2000 randomly selected
1494 donated blood screening for future
research on cardiovascular disorders and
diabetes mellitus
2001-attempted re-contact
1494
1409-1342 of whom responded
• 93% gave consent for future ‘genetic research’ subject to
IRB approval
22.3%-to be informed
biological materials
evidence
strong support for biological studies
recommendation
initial consent followed by IRB review
if in doubt seek advice
NSHEN
biological materials
scenario
2001
13 year old female treated at a pediatric institution with a diagnosis
of ARMS (2;13 translocation)
consent obtained for biological study
2009
option for new epigenetic study
request to use some of the residual tissue
question
who consented?
pediatrics
‘triadic’ experience
HCW
parents
child
more complex consent process
assent
US National Commission for the Protection of Human
Subjects of Biomedical and Behavioral Research’
the child’s agreement to participate
that assent be obtained from those children whom the local institutional
review board [IRB] judged as capable of assenting’
Canada National Council on Ethics in Human Research
voluntary agreement
parental views
Fernandez CV, Magee JF Pediatr Blood Cancer 2011
N=54 (10 with deceased children)
tissue sent anywhere in the world [prefer
pediatric aims]-89%
genetic research if it might improve child’s
health-76%
research profits used for childhood cancer
research-73%
child should confirm consent or reaching
majority-98%
NBS
consent
screening panel
storage (newborn screening blotters)
how long?
• Canada-no uniformity
Quebec-destroy after 1 year unless abnormal
NL, PEI 1-5 years
rest 2-21 years
• Germany
all samples destroyed after 3 months
• US
Texas-4.5 million samples to be destroyed within 120
days (Dec 23rd 2009)
Minnesota-should all samples be destroyed at 10
years
use for future research?
medical error
to err is human IOM
error occurs when there is a ‘failure to complete a
planned action as it was intended, or when an incorrect
plan is used in an attempt to achieve a given aim’
an error may be an act of commission or omission
medical error is a significant problem
44-98,000 hospitalized patients die annually in US
negligence is established only in a court of law
perfection is not the standard
medical error
how do mistakes occur?
most are not through negligence
incomplete knowledge base
error in perception/judgment
lapse in attention [fatigue]
system failure
individual competence
not possible to quantify the full magnitude of safety challenge
medication error (wakefield et al, 2001)
mortality rates in intensive care (sexton, 2003)
nurse safety practices (zohar, 2007)
non-optimal practice (mcglynn 2005)
terminology
near miss
adverse event
medical error
Nakleh RE Arch Pathol Lab Med 2008
error rate in surgical pathology
1%
0.26-1.7%
percentage of errors
specimen identification
defective specimens
analytic misinterpretation
defective reports
33%
4-10%
25%
33-40%
interventions
generic-safety culture
specific
factors that could decrease analytic errors rates
•
•
•
•
•
standardization of all procedures
‘safe’ environment-remove distractions like phones
increased automation
decreased use of inconsistent tools
printing/barcoding versus hand writing
reports
•
synoptic reporting leads to a 24% increase in ‘complete’ reports
medical error
do physicians have an ethical duty to disclose
information about medical mistakes to their
patients?
CMA Code of Ethics
disclosure
CMPA
disclosure
hospital policy
IWK-disclosure
hospital accreditation body
US-disclosure
disclosing adverse events
PAMAP Model
prepare
apologize/express regret
manage the clinical problem
analyze
prevent further harm/events
apology act of nova scotia 2008
why don’t doctors apologize
John Muir, Dalhousie
difficult to admit fault
consequences are substantial
guilt, shame
lawyers advice
not my fault-that of care team/system
why doctors should apologize
why disclose
to prevent further harm
patients due information out of respect
maintains trust
acknowledges commitment
shows understanding
reinforces physician integrity
consistent with trend towards transparency
assures patients that they are not at fault
law suit less likely
non disclosure
involves deception and is a breach physicians fiduciary responsibility to
patient
undermines trust in physicians and the medical system
spin
willowbrook
beecher
22 studies which he claimed ‘violated basic standards of
ethical research with human beings’
children deliberately exposed to hepatitis (willowbrook, NY)
study followed a successful campaign to eradicate measles infections in
the institution
epidemiologic study of hepatitis
strain was mild [no deaths 1953-57]
infections acquired while at institution by patient contact
initially treated patients with gamma globulin-protected for 39 weeks
hypothesis-’vaccinate’ children with mild strain under gamma globulin
cover to develop immunity
no IRB approval
untrue
no consent
untrue
spin
Europe 1945-7
Nuremberg
23 Nazi doctors and
beaurocrats were tried by the
Allies for performing ‘illegal’
experiments on thousands of
prisoners
court documents identified
1750 prisoners
Asia 1933-56
Japanese Experiments in China
Shiro Ishii [Unit 731]
captives called ‘maruta’ [logs]-identified
only by numbers
•
•
•
mainly Chinese
US, ANZACS
3000 deaths [possibly more]
US granted the researchers
granted immunity in return for data
USSR
1949-trial at Khabarovsk
no western media coverage
all 12 defendants returned
to Jan by 1956
China
trial in 1956
all defendants returned to
Japan by1964
questions
who
how
evaluate
evidence that bioethics has improved health
outcomes?
not talked about
Screening
Prenatal
Newborn screening
Molecular genetics
DTC (Direct to consumer)
Access
iKT and utilization
QA and patient safety
Conflict of interest
Priority setting and resource allocation
Cost benefit/utility
Opportunity cost
Organizational ethics
resources
bioethics and professionalism
ABIM Project Professionalism
CMA Code of Ethics
advances in bioethics [vol 10]
• lost virtue-professional character development in medical education
eds. Kenney N et al Elsevier JAI
cambridge textbook of bioethics
• Eds. PA Singer, AM Viens
research
• ethical and regulatory aspects of clinical research-readings and commentary
eds. Emanuel Ezekiel et al Johns Hopkins University Press
• the oxford textbook of clinical research ethics
eds Emanuel Ezekiel, Christine Grady Robert Crouch et al.
nursing ethics
• toward a moral horizon-nursing ethics for leadership and practice. Janet Storch, Patricia Rodney, Rosalie
Starzomski. Pearson Prentice Hall Toronto
screening
• screening-evidence and practice
A Raffel, JA Muir Gray OUP
• ethics and newborn genetic screening
eds Mary Ann Baily, TH Murray
molecular genetics
• genetics, health care and public policy. Alison Stuart et al. Cambridge Medicine
evidence based decision making
evidence based healthcare and public health 3rd ed.
• JA Muir Gray Churchill Livingstone
evidence based health economics-from effectiveness to efficiency in systematic review. Donaldson and Mugford
using research for effective health promotion. Oliver and Peersman