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Judgments and 
decisions in health 
care research 
review 
four steps, eight questions
Introduction 
This slide set analyses healthcare research review. I hope it will help 
Research Ethics Committee members when they start. 
It breaks review down into 4 steps (Construction, De-construction, Judgement 
and Debate) and provides 8 questions we should ask when judging the 
acceptability of a research proposal. 
I hope it may also help resolve disagreements when they arise and also help 
researchers when they design and present their research.
Introduction 
The next slide depicts four steps into which we could break review (the left 
hand column), the question each addresses (middle column) and the skills 
we need (right hand column). 
For further explanation put the mouse over any text box:- 
You will then be taken to a different slide. To return to the diagram click on the 
slide.
Step 1 Construction 
Drawing a picture of the study 
to find out what it’s all about. 
Step 2 Deconstruction 
Breaking the study down into 
“research domains” 
Step 3 Judgement 
Step 4 Working in 
committee 
What are the context and 
content of the study? 
Can I break this study 
down into manageable 
issues? 
What gives rise to 
concern? 
Should it? 
An individual view 
Can we reach 
agreement? 
Critical appraisal 
Ordering and 
structuring 
Moral imagination 
Moral analysis 
Collaborative 
Working 
Four steps of research review 
Steps Questions Skills
Instructions 
The next slide depicts how we might found our judgements in research review. 
Start at the top left. 
Put the mouse over any text box for further explanation. 
You will be taken to a different slide. To return to the diagram simply click on the slide. 
A more detailed description can be found in:- 
1 A model of Research Review Link 
2 The full “REalistiC Decisions” presentation Link
PROJECT 
“EGO” 
CRITICAL 
APPRAISAL 
EXPEDIENCY 
EVIDENCE 
ETHICAL 
THEORY 
EXPERTISE 
EXPERIENCE 
COMMITTEE 
DELIBERATION 
DECISION 
EMPATHY 
EMOTION 
How would an 
ethical analysis 
help? 
What 
What is 
possible 
published 
evidence is 
available? 
and 
realistic? 
How do I feel 
about this 
proposal? How might the 
potential 
participant decide? 
Eight questions in research review 
What guidance is 
there from expertise 
in committee, peer 
review or external 
expert guidance? 
What have I / 
we decided 
What’s my before? 
(“immediate”) 
view?
Ego 
We start our deliberations, quite reasonably, with our own views, often closely related to our 
personal experience. It’s expedient and can lead to rapid decisions but the foundations of 
our thinking may be “undeclared”. However they must rest on something - conscience, 
conviction, intuition, feelings, moral sense, law or maxim, “Thinking fast, not slow” “Thin 
slicing”, “Recognition-primed decision”, or other “Es”. Unexamined review can also hide 
“motivated reasoning” or “gaming”*. What’s important when we work together is not 
necessarily this determination, rather the insight to help us find out where they come from. 
“O wad some Pow'r the giftie gie us 
To see oursels as ithers see us! 
It wad frae mony a blunder free us, 
An' foolish notion: 
What airs in dress an' gait wad lea'e us, 
An' ev'n devotion!” 
Robbie Burns “To a louse”. 
It’s OK if everybody agrees but life becomes difficult for the chair if there is disagreement or 
debate. The REC manager will also have difficulty writing fair minutes. 
*For more detail, go to this file and look at slide 47 onwards.
Emotions 
The debate about the place of the passions (emotions) in our moral decisions is longstanding. 
Some find emotions “uninviting allies” and others argue that they are a fair and valid 
foundation for our judgements. (“If I’m revolted, others may be as well.”) 
Perhaps a modern synthesis? 
Blackburn’s “Staircase of 
practical and emotional ascent” 
Judgement 
Preferences 
Likes / dislikes 
Tastes 
Hostility 
Disgust 
What’s important when we review research is that we have the insight to recognise when 
these emotions are the foundations for our decisions, all are entitled to their views. In 
committee, as with “Ego,” this approach may be a start but is unlikely to provide satisfactory 
consensus.
Empathy 
Often quoted by REC members as their approach (and included in guidance), empathy would 
seem to offer fair foundations for judgement. As an ideal it would seem the best way to 
incorporate the views and feelings of others into our deliberations. 
2.65 Among the members some 
individuals ….should be able to 
look at the application from the 
participants’ point of view…” 
Royal College of Physicians 
RECs evaluate … a research proposal from 
two main standpoints: 
• the ethical implications… 
• from the standpoint of the prospective 
research participants 
Council of Europe Bioethics steering 
committee 
But empathy is contended. How far can we empathise with potential research participants 
about whom we know so little? Committee members need to accommodate the criticism that 
our capacity for empathy is limited and needs validation by other approaches. 
Researchers can help by consulting patients and potential participants asking “Is the research 
question relevant to your needs? Is the burden of participation acceptable?”
Expertise 
Here we turn to expertise both in and beyond the REC to help us make our decisions (REC 
expert members, managers and chairs, peer review, government and regulatory bodies, 
patient groups, “August” and academic and professional bodies). 
But application of this guidance may not be straightforward. Documents have varying 
authority, are difficult to apply and are occasionally inconsistent and may not accommodate 
all the details or problems of a specific research project. 
Guidance guides, it doesn’t decide 
These documents set boundaries but don’t usually make the judgement for us! 
BUT 
If decisions run contrary to guidance, clear reasons need to be presented.
Experience 
It seems reasonable for applicants to be treated equally, there should be consistency of 
process and consistency of consideration. 
Descriptions of past debate, recollections of moral positions previously adopted and recall of 
evidence and previous decisions can speed review and provide consistency. This may not be 
explicit conduct in RECs but probably does shape individual opinions and REC decisions. 
Following these will obviously provide consistency and, given the huge numbers of decisions 
expected of RECs and their members, this might provide an expedient approach. 
However a casuistic argument is that differences between studies mean that each has to be 
judged on its own merits and problems presented by research change. For example the 
commercialisation of research, the use of large databases and genetic medicine give rise to 
new concerns. 
Will we be consistently WRONG 
rather than RIGHT? 
That depends on whether you’re 
an optimist or pessimist!
Ethical theory contributes to review in many ways (helping us when uncertain, defining “moral 
maxims”, designing or reviewing research using new or contentious methods). It can take the 
sting out of committees in dispute and help us explore the reasons for our opinions. 
But no ethical theory makes the decision for us. They are theories that help us explore or 
“interrogate” a study but don’t provide us with answers. Decisions and judgement are ours 
and rest on our deliberations on many research related issues. 
As far as theory is concerned, the utilitarian must place his or her own judgement on possible 
benefits and harms and then weigh them up. The deontologist must balance the demands of 
duties (to a party involved) under consideration. To add complexity, these different ethical 
models may conflict. If we use more than one, we have to weigh up the conclusions from 
each. 
The judgement must be ours 
“we can no more learn to act rightly by 
appealing to ethical theory.. Than we can play 
golf by appealing to mathematical theory of the 
flight of the golf ball” 
Dworkin 
Ethical theory
Evidence 
There are many ways in which evidence might inform our debate. Establishing public and 
patient opinion, evaluating the consequences of research and how best to inform potential 
participant are examples. However, while evidence can be used to support decisions, facts 
don’t lead directly to judgement and the place of evidence is contended as our current 
evidence base is still limited and weak. We can accommodate both views. 
Norms and facts should not be seen 
as rivals for a sovereign position in 
ethical reasoning…norms and facts 
should be seen as interdependent … 
value judgements play a role (in 
appraising evidence) 
Strech 2010 
But there is a continuing need to “research research ethics”.
Expediency 
We must test and develop treatments, both of which can only be effected through research. 
However this requires resources and to control health care costs, research must be relevant, 
efficient and expedient. Consequently researchers inevitably work under constraints that 
RECs must accommodate in their review. 
As Research Ethics Committees have a role in promoting research, they should be cautious 
that they don't place further burdens in the shape of unrealistic demands on researchers. 
However, while we need research, this call for expediency can’t be a licence for unethical 
projects. 
Here we might also address the acceptability and comparison of the project with alternative 
research designs. 
“2.1 Research Ethics Committees have a duty to encourage and 
facilitate important ethical research …RECs should avoid making 
disproportionate demands….. 
5.58 RECs should encourage pragmatic solutions…the ideal 
may be impractical” 
Royal College of Physicians 
2007 guidelines
Critical appraisal 
When we start, we need an overview of the study. We need to “find out what it‘s all about”, 
“determine the facts of the matter”. It’s important to recognise that factual errors are very likely 
to lead to ethical errors (and even argument). Reading the title, the Participant Information 
Sheet (PIS) or the IRAS summary (A6(i)) can help. 
This process of “construction” also has a further purpose. It helps identify key ethical issues 
that will help review. As an example, what are the likely ethical issues in 
“A randomised, placebo controlled trial of pufficillin in children with Cystic Fibrosis assessing 
response by lung function”?
Committee deliberation 
To reach consensus we must ensure we all have an accurate picture of the research, put 
forward our views, concerns and suggestions, listen to others, reach agreed decisions and 
remedies and then vest authority in those who will follow up. 
The REC meeting can be divided in three parts 
1 Before the researcher attends, the REC needs to 
• resolve factual uncertainties, 
• hear concerns and possible suggestions 
• identify early consensus and differences 
• identify issues to discuss with the researcher: 
2 Discussion with the researcher to resolve remaining uncertainties, to listen to the 
researchers’ summary of the ethical dimensions of the research, to put forward committee 
concerns and listen to responses. (There is an undoubted subtext to review – assessment of 
the probity and character of the researchers.) 
3 After the researcher has left the committee needs to reach agreed judgements, make 
decisions and suggest remedies. It also needs to consider the drafting of correspondence.
Four steps 
STEP 1: Constructing a picture of the research 
When we start, we need an overview of the study. We 
need to 
• ”find out what it‘s all about” 
• “determine the facts of the matter” 
It’s important to recognise that factual errors are very 
likely to lead to ethical errors (and even argument). 
Reading the project title, the Participant 
Information Sheet (PIS) or the summary 
(A6(i) in IRAS*) can help. 
* Integrated Research Application System (UK) www.myresearchproject.org.uk
Four steps 
STEP 2: Breaking the study into its research domains 
Step I, “Construction” doesn’t permit judgement, it lacks sufficient detail to allow 
full analysis. For this we need to break the study into constituent “research 
domains”. Within each we can then make judgments and reach our decisions. 
1 Based on IRAS* 
• Independent review 
• Social and scientific value 
• Suitability of applicant and support 
• Recruitment, access to information 
• Inclusion and exclusion . 
• Risk, harms and benefits 
• Consent and participant Information 
• Confidentiality 
• Payment to participants 
• Compensation, insurance 
• End of trial arrangements 
2. After Emanuel et al (now the REC 
lead reviewer proforma) 
• Social or scientific value 
• Scientific validity 
• Fair subject selection 
• Favourable risk benefit ratio 
• Independent review 
• Informed consent 
• Respect for potential and enrolled 
subjects 
JAMA. 2000;283:2701-2711 
What Makes Clinical Research Ethical? 
* Integrated Research Application System (UK) www.myresearchproject.org.uk
Four steps 
STEP 4: Working together 
To reach a shared decision we must 
• Resolve uncertainties so we all 
have an accurate picture of the 
research. 
• Put forward our views concerns 
and suggestions. 
• Listen to those of others. 
• Reach agreed judgments, 
decisions and remedies. 
• Vest authority in those who will 
follow up issues. 
Task Skill 
To read the studies Commitment 
To understand the context of the 
research 
Critical appraisal 
To consider all involved Empathy and 
respect 
To identify ethical problems in 
the research 
Clarity of thought 
To express opinions and 
judgments 
Clarity of thought 
and expression 
To identify, understand, and 
accommodate others’ opinions 
Listening, 
respect and 
humility 
To accept and weigh up 
arguments to make a decision 
Respect and 
humility 
To accommodate disagreement 
but if necessary stand firm 
Humility and 
confidence 
To identify and question our 
own convictions and values 
Insight

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Judgments and decisions in health care review: how to undertake ethical review of research

  • 1. Judgments and decisions in health care research review four steps, eight questions
  • 2. Introduction This slide set analyses healthcare research review. I hope it will help Research Ethics Committee members when they start. It breaks review down into 4 steps (Construction, De-construction, Judgement and Debate) and provides 8 questions we should ask when judging the acceptability of a research proposal. I hope it may also help resolve disagreements when they arise and also help researchers when they design and present their research.
  • 3. Introduction The next slide depicts four steps into which we could break review (the left hand column), the question each addresses (middle column) and the skills we need (right hand column). For further explanation put the mouse over any text box:- You will then be taken to a different slide. To return to the diagram click on the slide.
  • 4. Step 1 Construction Drawing a picture of the study to find out what it’s all about. Step 2 Deconstruction Breaking the study down into “research domains” Step 3 Judgement Step 4 Working in committee What are the context and content of the study? Can I break this study down into manageable issues? What gives rise to concern? Should it? An individual view Can we reach agreement? Critical appraisal Ordering and structuring Moral imagination Moral analysis Collaborative Working Four steps of research review Steps Questions Skills
  • 5. Instructions The next slide depicts how we might found our judgements in research review. Start at the top left. Put the mouse over any text box for further explanation. You will be taken to a different slide. To return to the diagram simply click on the slide. A more detailed description can be found in:- 1 A model of Research Review Link 2 The full “REalistiC Decisions” presentation Link
  • 6. PROJECT “EGO” CRITICAL APPRAISAL EXPEDIENCY EVIDENCE ETHICAL THEORY EXPERTISE EXPERIENCE COMMITTEE DELIBERATION DECISION EMPATHY EMOTION How would an ethical analysis help? What What is possible published evidence is available? and realistic? How do I feel about this proposal? How might the potential participant decide? Eight questions in research review What guidance is there from expertise in committee, peer review or external expert guidance? What have I / we decided What’s my before? (“immediate”) view?
  • 7. Ego We start our deliberations, quite reasonably, with our own views, often closely related to our personal experience. It’s expedient and can lead to rapid decisions but the foundations of our thinking may be “undeclared”. However they must rest on something - conscience, conviction, intuition, feelings, moral sense, law or maxim, “Thinking fast, not slow” “Thin slicing”, “Recognition-primed decision”, or other “Es”. Unexamined review can also hide “motivated reasoning” or “gaming”*. What’s important when we work together is not necessarily this determination, rather the insight to help us find out where they come from. “O wad some Pow'r the giftie gie us To see oursels as ithers see us! It wad frae mony a blunder free us, An' foolish notion: What airs in dress an' gait wad lea'e us, An' ev'n devotion!” Robbie Burns “To a louse”. It’s OK if everybody agrees but life becomes difficult for the chair if there is disagreement or debate. The REC manager will also have difficulty writing fair minutes. *For more detail, go to this file and look at slide 47 onwards.
  • 8. Emotions The debate about the place of the passions (emotions) in our moral decisions is longstanding. Some find emotions “uninviting allies” and others argue that they are a fair and valid foundation for our judgements. (“If I’m revolted, others may be as well.”) Perhaps a modern synthesis? Blackburn’s “Staircase of practical and emotional ascent” Judgement Preferences Likes / dislikes Tastes Hostility Disgust What’s important when we review research is that we have the insight to recognise when these emotions are the foundations for our decisions, all are entitled to their views. In committee, as with “Ego,” this approach may be a start but is unlikely to provide satisfactory consensus.
  • 9. Empathy Often quoted by REC members as their approach (and included in guidance), empathy would seem to offer fair foundations for judgement. As an ideal it would seem the best way to incorporate the views and feelings of others into our deliberations. 2.65 Among the members some individuals ….should be able to look at the application from the participants’ point of view…” Royal College of Physicians RECs evaluate … a research proposal from two main standpoints: • the ethical implications… • from the standpoint of the prospective research participants Council of Europe Bioethics steering committee But empathy is contended. How far can we empathise with potential research participants about whom we know so little? Committee members need to accommodate the criticism that our capacity for empathy is limited and needs validation by other approaches. Researchers can help by consulting patients and potential participants asking “Is the research question relevant to your needs? Is the burden of participation acceptable?”
  • 10. Expertise Here we turn to expertise both in and beyond the REC to help us make our decisions (REC expert members, managers and chairs, peer review, government and regulatory bodies, patient groups, “August” and academic and professional bodies). But application of this guidance may not be straightforward. Documents have varying authority, are difficult to apply and are occasionally inconsistent and may not accommodate all the details or problems of a specific research project. Guidance guides, it doesn’t decide These documents set boundaries but don’t usually make the judgement for us! BUT If decisions run contrary to guidance, clear reasons need to be presented.
  • 11. Experience It seems reasonable for applicants to be treated equally, there should be consistency of process and consistency of consideration. Descriptions of past debate, recollections of moral positions previously adopted and recall of evidence and previous decisions can speed review and provide consistency. This may not be explicit conduct in RECs but probably does shape individual opinions and REC decisions. Following these will obviously provide consistency and, given the huge numbers of decisions expected of RECs and their members, this might provide an expedient approach. However a casuistic argument is that differences between studies mean that each has to be judged on its own merits and problems presented by research change. For example the commercialisation of research, the use of large databases and genetic medicine give rise to new concerns. Will we be consistently WRONG rather than RIGHT? That depends on whether you’re an optimist or pessimist!
  • 12. Ethical theory contributes to review in many ways (helping us when uncertain, defining “moral maxims”, designing or reviewing research using new or contentious methods). It can take the sting out of committees in dispute and help us explore the reasons for our opinions. But no ethical theory makes the decision for us. They are theories that help us explore or “interrogate” a study but don’t provide us with answers. Decisions and judgement are ours and rest on our deliberations on many research related issues. As far as theory is concerned, the utilitarian must place his or her own judgement on possible benefits and harms and then weigh them up. The deontologist must balance the demands of duties (to a party involved) under consideration. To add complexity, these different ethical models may conflict. If we use more than one, we have to weigh up the conclusions from each. The judgement must be ours “we can no more learn to act rightly by appealing to ethical theory.. Than we can play golf by appealing to mathematical theory of the flight of the golf ball” Dworkin Ethical theory
  • 13. Evidence There are many ways in which evidence might inform our debate. Establishing public and patient opinion, evaluating the consequences of research and how best to inform potential participant are examples. However, while evidence can be used to support decisions, facts don’t lead directly to judgement and the place of evidence is contended as our current evidence base is still limited and weak. We can accommodate both views. Norms and facts should not be seen as rivals for a sovereign position in ethical reasoning…norms and facts should be seen as interdependent … value judgements play a role (in appraising evidence) Strech 2010 But there is a continuing need to “research research ethics”.
  • 14. Expediency We must test and develop treatments, both of which can only be effected through research. However this requires resources and to control health care costs, research must be relevant, efficient and expedient. Consequently researchers inevitably work under constraints that RECs must accommodate in their review. As Research Ethics Committees have a role in promoting research, they should be cautious that they don't place further burdens in the shape of unrealistic demands on researchers. However, while we need research, this call for expediency can’t be a licence for unethical projects. Here we might also address the acceptability and comparison of the project with alternative research designs. “2.1 Research Ethics Committees have a duty to encourage and facilitate important ethical research …RECs should avoid making disproportionate demands….. 5.58 RECs should encourage pragmatic solutions…the ideal may be impractical” Royal College of Physicians 2007 guidelines
  • 15. Critical appraisal When we start, we need an overview of the study. We need to “find out what it‘s all about”, “determine the facts of the matter”. It’s important to recognise that factual errors are very likely to lead to ethical errors (and even argument). Reading the title, the Participant Information Sheet (PIS) or the IRAS summary (A6(i)) can help. This process of “construction” also has a further purpose. It helps identify key ethical issues that will help review. As an example, what are the likely ethical issues in “A randomised, placebo controlled trial of pufficillin in children with Cystic Fibrosis assessing response by lung function”?
  • 16. Committee deliberation To reach consensus we must ensure we all have an accurate picture of the research, put forward our views, concerns and suggestions, listen to others, reach agreed decisions and remedies and then vest authority in those who will follow up. The REC meeting can be divided in three parts 1 Before the researcher attends, the REC needs to • resolve factual uncertainties, • hear concerns and possible suggestions • identify early consensus and differences • identify issues to discuss with the researcher: 2 Discussion with the researcher to resolve remaining uncertainties, to listen to the researchers’ summary of the ethical dimensions of the research, to put forward committee concerns and listen to responses. (There is an undoubted subtext to review – assessment of the probity and character of the researchers.) 3 After the researcher has left the committee needs to reach agreed judgements, make decisions and suggest remedies. It also needs to consider the drafting of correspondence.
  • 17. Four steps STEP 1: Constructing a picture of the research When we start, we need an overview of the study. We need to • ”find out what it‘s all about” • “determine the facts of the matter” It’s important to recognise that factual errors are very likely to lead to ethical errors (and even argument). Reading the project title, the Participant Information Sheet (PIS) or the summary (A6(i) in IRAS*) can help. * Integrated Research Application System (UK) www.myresearchproject.org.uk
  • 18. Four steps STEP 2: Breaking the study into its research domains Step I, “Construction” doesn’t permit judgement, it lacks sufficient detail to allow full analysis. For this we need to break the study into constituent “research domains”. Within each we can then make judgments and reach our decisions. 1 Based on IRAS* • Independent review • Social and scientific value • Suitability of applicant and support • Recruitment, access to information • Inclusion and exclusion . • Risk, harms and benefits • Consent and participant Information • Confidentiality • Payment to participants • Compensation, insurance • End of trial arrangements 2. After Emanuel et al (now the REC lead reviewer proforma) • Social or scientific value • Scientific validity • Fair subject selection • Favourable risk benefit ratio • Independent review • Informed consent • Respect for potential and enrolled subjects JAMA. 2000;283:2701-2711 What Makes Clinical Research Ethical? * Integrated Research Application System (UK) www.myresearchproject.org.uk
  • 19. Four steps STEP 4: Working together To reach a shared decision we must • Resolve uncertainties so we all have an accurate picture of the research. • Put forward our views concerns and suggestions. • Listen to those of others. • Reach agreed judgments, decisions and remedies. • Vest authority in those who will follow up issues. Task Skill To read the studies Commitment To understand the context of the research Critical appraisal To consider all involved Empathy and respect To identify ethical problems in the research Clarity of thought To express opinions and judgments Clarity of thought and expression To identify, understand, and accommodate others’ opinions Listening, respect and humility To accept and weigh up arguments to make a decision Respect and humility To accommodate disagreement but if necessary stand firm Humility and confidence To identify and question our own convictions and values Insight