Informed consent is a commendable concept: it gives patients the power of
participating in decisions concerning their own management, to a greater degree
than ever before. The qualifying adjective is superfluous(1), for the word
consent (cum, together; sentire, to feel, perceive) clearly implies sharing of
information. Patients do have problems understanding the nature of their illness
and management plans. It is the duty of the doctor to ensure that the patient is
helped to make a rational decision.
What do patients want? The priority is honest, unbiased, up-to-date
information about their illness, its likely outcome, and the risks and benefits
of different interventions. They also want help to identify and secure their
treatment preferences. When uncertainty exists they want a full and frank
discussion, no omissions or glossing over, and an advice explicitly supported by
the best available evidence(2).
What doctors feel about informed consent
I asked
several doctors what informed consent meant to them. Most strongly disliked the
very concept of informed consent and considered it an obligatory legal formality
forced on them by the Consumer Protection Act. Their arguments were:
- Informed consent breeds suspicion and mistrust.
Patients are
uncomfortable with doctors who merely give them options and ask them to choose
one. Our patients want us to take responsibility and not shift it onto their
sagging shoulders. If we do not act on their behalf, we might be accused of
dodging duty. - Patients fail to understand our misplaced emphasis on consent forms. Our
patients have full faith in our knowledge, skills and competence. Arenīt we
capable of choosing the best treatment for them?
- Informed consent seriously erodes the doctor and patient relationship. An
openness and frankness makes patients anxious, reluctant and distressed.
- How do we share information during an emergency? Can patients respond
appropriately during a crisis? Can patients weigh pros and cons of the
treatment and make a logical decision?
- Informed consent is an intellectual exercise for armchair ethicists.
Emphasis on autonomy and equality is misplaced and lacks knowledge of
practical difficulties.
Doctors love to patronise and dominate. Their arrogance and indifference to
the philosophy of informed consent is widely known. Medical and public fora have
passionately debated these arguments — and disproved them. Surprisingly, most
residents and doctors in teaching public hospitals tacitly endorse such
reservations against information sharing. To most of them getting informed
consent is a needless nuisance, to be delegated to a raw resident whose sole
responsibility is to get the patientīs signature on the dotted line.
A few exceptions apart, public hospitals sorely lack good quality information
leaflets or audio-visual material to disseminate information to their patients.
Residents, working under tight time constraints, find it impossible to explain
procedures to the patient. Nor are they sufficiently motivated to do so, for
providing explanations and sharing information bring no tangible rewards. No
attempt is made to ensure that the appropriate type and amount of information
has been provided and the patient has understood the procedure.
Any query or request for an explanation meets stern disapproval and arouses a
characteristic, callous response from the resident: “If you donīt trust us, you
had better leave the hospital.” The resident, always in a tearing hurry, lists
all possible risks (death gets cruelly emphasised) and disappears before the
patient can absorb the blow.
Consent forms in most hospitals are either too brief or sketchy or full of
incomprehensible medical and legal jargon. They carry hastily scribbled, badly
worded, at times illegible text. The text is seldom read aloud to illiterate
patients, who, being unable to decipher the draft, simply leave their
thumbprints on the case sheet. Seldom do they get the opportunity, and time, to
understand the intervention. The nagging fear that not signing the consent form
might amount to incurring the displeasure of the treating doctor weighs heavily
on their mind.
Insensitive forms
I reproduce below a consent
form obtained in a busy surgery ward of a teaching public hospital:
“I am suffering from a strangulated intestinal hernia. I need an immediate
surgery to save my life. I also have mild hypertension. I shall be operated on
under general anaesthesia. I run a high risk for surgery. I might develop
life-threatening complications during anaesthesia. My surgery might lead to some
complications, which could kill me. After surgery I might run into problems,
which are well beyond the surgeonīs control. In spite of all these risks, which
have been fully explained to me, I agree to undergo surgery. Should anything go
wrong, neither doctors, nor nurses shall in anyway be responsible for an adverse
outcome. The responsibility shall be entirely mine.”
What makes consent so insensitive and crude? I picked up, at random, several
residents from a teaching public institution and asked them if they were ever
taught how to get an informed consent. Most sheepishly admitted their ignorance.
To some of them, consent was a legal vaccine that reduced the risk of
litigation. Many residents were conscious of their lack of communication skills:
an inability to use simple words in patientīs regional languages left many of
them tongue-tied at the patientīs bedside. They were not getting across to their
patients, but could do nothing about it.
Dr Franz Ingelfingerīs two-decades-old description (3) seems to come straight
from one of our busy wards:
“Even if a physician takes pains to use appropriate language, he may still
lack empathy if he is not acutely sensitive to the emotional needs of the
patient seeking consultation. Distraught by anxiety, fear and perhaps suspicion,
the patient hears the sounds but not the meaning of words; reassurances that
cancer is an unlikely diagnosis and a barrage of tests to prove this point may
convince the patient that the opposite is true. ‘We shall not need an another
operationī is recorded in the patientīs mind as ‘another operation.ī Advice that
anti-hypertensive drugs or insulin are in order, possibly for a lifetime, may
give the patient an idea of incurability. Even advice on smoking and overeating
may elicit negative instead of positive results in the susceptible.”
Todayīs role models
To whom should residents
turn to pick up the art of communication? Teachers? (4) Most residents expressed
gratitude to their teachers for teaching them the art and science of modern
medicine, but said that, a few exceptions apart, their teachers were poor role
models for learning the ethics of the doctor-patient relationship. Medical
teachers, said several residents, are generally stiff-lipped and discourteous
when patients seek information. Students tend to imbibe their teacherīs
arrogance and ill manners during their impressionable years and subconsciously
emulate them in their professional practice. And where are good role models left
in medical colleges now? asked a resident in exasperation.
Residents welcomed the idea of learning communication skills and behavioural
sciences. Several suggestions emerged during discussion: Had we been taught how
to talk with patients and what to say (5) during our clinical postings, we would
have felt more comfortable with our patients. Many thought that introduction of
medical ethics in the undergraduate curriculum (6) would help them emerge more
humane, sensitive and responsive to patientsī needs. Few thought that they
shouldīve been also taught how to discard a patronising attitude and get more
interactive with patients.
There were some discordant notes too. A resident asked me: “Most rural
patients attending public hospitals do not insist on an intensive, informative
discussion. Their main priority is to get cost-effective treatment. Could we
make use of their trust in us and practice a bit of paternalism and dominance?
What is the evidence that published (western) guidelines for getting informed
consent are equally valid in our setting? Could we find ways to make consent
more accessible, acceptable, tangible and practical? More patient-friendly and
less legal?”
A senior medical teacher, who is deeply respected in the rural community for
his compassionate and committed approach, shared his residentsī concerns. A
patient must know his disease and management plans, he agreed, but should
entrust the responsibility of taking the final decision to his doctor. How can a
doctor-patient relationship flourish in an atmosphere where autonomy and
equality overrule trust and faith? he wondered. A quest for information might
make patients more knowledgeable, but would render them equally insecure and
indecisive.
He quoted Charaka: “No gift is greater than the gift of life. The patient may
doubt his relatives, his sons and even his parents, but he has full faith in his
physician. He gives himself up in the doctorīs hands and has no misgivings about
him.”
“I might continue to treat inquisitive and skeptical patients- and their
tribe is rapidly increasing thanks to the Internet, but my heart wonīt be there
in their management,” he honestly admitted.
Teaching tomorrowīs doctors
Neither teachers,
nor residents, nor patients seem to know how to handle the issue of informed
consent without anguish. Let us concentrate on residents, the future
consultants. How could they be helped? Could communication techniques taught in
class-rooms ease their burden? Or should students passively imbibe these skills
from their mentors and patients as life moves on? There are no easy solutions.
Nor can there be cut, copy and paste shortcuts for information sharing and
obtaining the consent. As Dr Ingelfinger (3) summed up years ago: “In medical
schools, a student is told about the perplexity, anxiety and misapprehension
that may affect the patient as he enters the medical-care system, and in the
clinical years the fortunate and the sensitive student may learn much from
talking to those assigned to his supervision. But the effects of lectures and
supervision are ephemeral and are no substitute to actual experience.”
References
1. Laurence D, Carpenter J: A dictionary of Pharmacology and Clinical
Drug Evaluation. London: VCL Press, 1994
2. Entwistle VA, Sheldon TA, Sowden
AJ, Watt IA: Supporting consumer involvement in decision-making: what
constitutes quality in consumer health information? Int J Quality in Healthcare
1996;8:425-37
3. Ingelfinger FJ: Arrogance. N Eng J Med 1980;
303:1507-11
4. Gupta P: Bedside Case Presentations: Thin ice? Natl Med J
India 1997;10(4):182
5. Calnan J. Talking with patients- a guide to good
practice. London: William Heinemann Medical Books, 1983
6. Ravindran GD,
Kakam T, Lewin S, Pais P. Teaching Medical Ethics in a medical college in India.
Natl Med J India 1997;10 (6): 288-89
Dr SP Kalantri, Department of medicine, Mahatma Gandhi Institute of Medical
Sciences, Sewagram, 442102, Maharashtra.
E-mail:sp_kalantri@usa.net