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Medical Research for Patients Who Cannot Consent






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Medical Research for Patients Who  Cannot Consent Medical Research for Patients Who Cannot Consent Document Transcript

  • Medical Research for Patients Who Cannot Consent The person responsible The person responsible may For further information about for being involved in the medical consent to the carrying out of a medical research, see the research procedure when compared medical research procedure on a information sheet Medical with other medical procedures. If patient who cannot themselves Research in Victoria at you think the patient will be worse provide consent. www.publicadvocate.vic.gov.au off, then it would be contrary to their best interests to participate in What is a medical research How will I know if the the medical research procedure. procedure? medical research procedure is safe for the patient?? As the person responsible you need A medical research procedure is a to take into account the following medical procedure that is carried Not all medical procedures are when making your decision: out for the purposes of medical safe, and not all medical research research. The medical research procedures are safe. Safety cannot a. the wishes of the patient (if procedure may be: be guaranteed. However, there are known) • part of a clinical trial protections. b. the wishes of nearest relative of When approving research for any other family members of the • the administration of medication patient people who cannot provide consent • the use of equipment of a device. or who are highly dependent on c. the nature and degree of any Not all medical research involves medical care, a human research benefits, discomforts and risks for medical research procedures. Some ethics committee will consider the patient in having or not having medical research may involve factors such as: the procedure (including comparing observations of the patient, or non- • that the research is therapeutic the medical research procedure to intrusive examinations, or surveys and the research procedure poses alternative procedures) of collecting information. These no more of a risk than the risks d. any other consequences to the types of medical research may be already part of the patient’s patient if the procedure is or is not carried out without the consent of condition and in alternative carried out. the person responsible. methods of treatment • the research is based on valid What else should I know? How do I know if the medical research procedure is legal? scientific principles which support The human research ethics a reasonable possible benefit over committee may have set our To be legitimate, the medical requirements of obtaining your standard care research approved by a human consent when they approved the research ethics committee. The • the patient or the person research project. You may wish to human research ethics committee responsible will be informed about speak to the doctor of dentist or the may be based at the hospital the research and have the option to ethics committee about any special where the patient is being treated withdraw from the research without requirements. of it may be at another hospital, a any reduction in the quality of care. university of other institution. The medical practitioner should tell you How do I decide what is not where the committee is and how contrary to the patient’s best they can be contacted. interests? The patient should not be worse off Office of the Public Advocate The Victorian Civil and Level 5, 436 Lonsdale Street, Melbourne, Victoria 3000 Administrative Tribunal, Guardianship List PO Box 13175 Law Courts, Victoria 8010. DX 210293 55 King Street, Melbourne, Victoria 3000 Local Call: 1300 309 337 TTY: 9603 9529 Fax: 1300 787 510 Tel: (03) 9628 9911 Fax: (03) 9628 9932 www.publicadvocate.vic.gov.au Toll Free: 1800 133 055 www.vcat.vic.gov.au
  • Other issues you can do: The information provided in this If the patient is an involuntary • discuss any questions you may fact sheet is in addition to the patient under the Mental Health have about the project or the Office of the Public Advocate Act, am I still able to provide patient’s involvement with the (OPA) fact sheet Medical/Dental consent? medical practitioners involved Treatment for Patients Who Cannot Consent – the person responsible. Yes, if the procedure is a medical • if you would like to discuss the research procedure then you can matter with a doctor that you know, provide consent to the procedure consider talking to your family The only exception to this is that doctor, or any doctor who treats the a patient can object under the Act patient to certain relatives being involved • contact the person nominated on in any decisions to do with them the information sheet that you have regarding medical research been provided by the researchers. procedures. This document will have been Can a medical research assed by the human research ethics procedure go ahead without my committee which has approved consent? the research, and will include the name of a person to contact. (This Yes, if: might be a person who works at • it is an emergency, or the committee or a hospital patient advocate). • medical practitioner were unable to find you – as the person You can also contact the Office responsible to provide consent – of the Public Advocate’s advice and believed the procedure was not service for help. contrary to the best interests of the If you are still unsure about what patient and followed the procedure decision to make and need further set down in the Guardianship and advice and would like assistance, Administration Act 1986. you can approach VCAT to: If the medical research • give you advice procedure began without may consent, can I do anything? • make an order that the proposed medical research procedure is not Now that you are aware of the contrary to the best interests of the medical procedure you may patient consent to its continuing or withhold your consent. When • give directions to help resolve making a decision you must give conflicts between people who have regard to whether the continuation different views about what to do. of the treatment is not contrary to VCAT can also appoint a guardian the best interests of the patient. if required. Is there anywhere I can go for help? Yes, there are a number of things The Office of the Public Advocate is an The Office of the Public Advocate supports three voluntary programs, For more information visit: independent statutory office, working to promote the Community Visitors Program, the Independent Third Persons www.publicadvocate.vic.gov.au the interests, human rights and dignity of Program, and the Community Guardianship Program. Community Visitors or call our Advice Service on Victorians with a disability. It provides information, monitor the quality of disability services in order to safeguard the rights 1300 309 337 (local call cost). advice, education and assistance with advocacy, of vulnerable people. The Independent Third Person program provides guardianship, powers of attorney, and consent to support for people with a cognitive impairment who have contact with the medical and dental treatment. 06/09 police. The Community Guardianship Program is a community-based program of guardianship for Victorians with a cognitive disability who can’t make decisions for themselves.