Anandaiah, Rock - 2018 - Twelve Tips For Teaching The Informed Consent Conversation

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Medical Teacher

ISSN: 0142-159X (Print) 1466-187X (Online) Journal homepage: http://www.tandfonline.com/loi/imte20

Twelve tips for teaching the informed consent


conversation

Asha Anandaiah & Laura Rock

To cite this article: Asha Anandaiah & Laura Rock (2018): Twelve tips for teaching the informed
consent conversation, Medical Teacher, DOI: 10.1080/0142159X.2018.1426844

To link to this article: https://doi.org/10.1080/0142159X.2018.1426844

Published online: 23 Jan 2018.

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MEDICAL TEACHER, 2018
https://doi.org/10.1080/0142159X.2018.1426844

TWELVE TIPS

Twelve tips for teaching the informed consent conversation


Asha Anandaiah and Laura Rock
Division of Pulmonary, Critical Care, and Sleep Medicine, Beth Israel Deaconess Medical Center, Boston, MA, USA

ABSTRACT
Obtaining informed consent has been traditionally viewed as a mundane task, learned on the job and often relegated to an
inexperienced member of the healthcare team. In reality, the process of obtaining informed consent is complex, challenging,
and warrants focused teaching, observation and feedback. There are few published standards for what should be included
in a high-quality informed consent conversation, and little or no guidance regarding how to best teach the process of con-
ducting this type of shared decision-making conversation. The following twelve tips provide a roadmap for teaching the
essential components of how to obtain informed consent, including both content and communication skills, with a focus on
common pitfalls for trainees, and strategies to address them.

Introduction that best practices for informed consent conversations will


vary based on clinical context as well as local legal and
Growing emphasis on patient-centered care has shed new
professional standards.
light on the significance of informed consent conversations
(Longo and Grady 2015; Spatz et al. 2016). While long
viewed as a mechanism of preserving patients’ legal rights Tip 1
and autonomy, they are now additionally recognized as an
Choose a time and place for the consent conversation
opportunity for patients to learn about their disease, reflect
that emphasizes its value
on personal goals and values, and engage in meaningful
shared decision making with their health care providers In clinical practice, consent conversations often take place
(Barry and Edgman-Levitan 2012; Spatz et al. 2016). Recent just before the procedure is scheduled to occur. Elective
advances in medical education assessment have accord- procedures are often preceded by informal discussions
ingly highlighted informed consent conversations as an about the procedure during office visits, which often do
important skill for trainees to master; indeed the ability to not meet the standards of shared decision making, which
obtain informed consent is now listed as an entrustable include interactive communication, discussion of best clin-
professional activity (EPA) for medical school graduates ical evidence, and integration of the patient’s values and
entering residency in the United States (Cate 2014). preferences (Braddock et al. 1999; Spatz et al. 2016). For
However, available studies suggest that there has been lit- inpatient semi-elective or urgent procedures, time con-
tle formal training about informed consent in medical edu- straints frequently lead to conversations that are rushed
cation; rather, trainees report they have primarily learned and often lack sharing of even basic relevant information
informally through peer observation (Nickels et al. 2016). (Brezis et al. 2008). The consent conversation is, therefore,
Given the marked variability in how physicians approach often treated by both patient and clinician as a formality,
informed consent (Falagas et al. 2009), it is not surprising with the goal reduced to simply signing a form for med-
that trainees report varying levels of comfort and familiarity ical-legal purposes (Habiba 2004). The hidden curriculum is
with what constitutes informed consent, and how to best powerful, and when trainees observe consent conversations
conduct consent conversations (McClean and Card 2004; in this context, they are likely to come away with the same
Gaeta et al. 2007; Eftekhari et al. 2015; Nickels et al. 2016). impression of informed consent conversations: as manda-
Formal training, observation, and feedback in informed tory paperwork, rather than an opportunity to engage
consent represent an unmet educational need with import- patients in their medical care and tailor decisions to their
ant clinical ramifications. Furthermore, the consent conver- needs and goals (Waisel et al. 2009; Gaufberg et al. 2010).
sation is an opportunity to teach, observe, and give When working with medical students and junior doctors,
feedback on core skills that are essential for effective and thoughtful selection of the timing, location, and context of
empathic communication in any specialty. We therefore the consent process will provide an important contrast to
propose the following twelve tips as a framework for teach- the rushed, one-sided process promoted through the hid-
ing informed consent conversations in the clinical setting. den curriculum and teach trainees that obtaining informed
Incorporating both content and relevant communication consent is an important opportunity to encourage patients
skills, we attempt to focus on basic principles that may be to ask questions, discuss their goals, and participate in deci-
adapted for a wide range of encounters, acknowledging sion making.

CONTACT Asha Anandaiah aanandai@bidmc.harvard.edu Division of Pulmonary, Critical Care, and Sleep Medicine, Beth Israel Deaconess Medical
Center, 330 Brookline Avenue, KSB 23, Boston 02215, MA, USA
ß 2018 Informa UK Limited, trading as Taylor & Francis Group
2 A. ANANDAIAH AND L. ROCK

Tip 2 at the discretion of the patient, they should not be used in


place of a trained interpreter for important encounters
Emphasize the importance of first making a such as informed consent.
connection and establishing trust
Trainees are often task-oriented when they approach
patients to obtain consent, which may lead them to skip Tip 4
initial verbal and nonverbal gestures that are essential to Reinforce principles of effective communication
establishing rapport with patients and families. Efforts to
convey compassion and empathy, even for as little as 40 The consent conversation is an opportunity to teach or
seconds, can substantially reduce patient anxiety and pro- reinforce key communication skills that will promote trust
mote a positive doctor–patient relationship (Fogarty et al. and allow for care that is both more empathic and efficient.
1999). Trainees will learn that taking the time to connect Given that patients and families frequently demonstrate
with a patient is not only good clinical practice but an poor comprehension following consent conversations
investment that will pay future dividends in the form of (Falagas et al. 2009; Dathatri et al. 2014), one skill we rec-
reduced patient anxiety, improved clinical outcomes (Blasi ommend explicitly reviewing for consent conversations is
et al. 2001; Kelley et al. 2014) and decreased risk of litiga- known as “Ask—Tell—Ask”, which focuses on iterative
tion (Levinson 1994; Ambady et al. 2002). assessment of the patient’s understanding when sharing
The beginning of the interaction should involve basic complex information (Back et al. 2005).
social etiquette, such as introducing oneself, smiling, and 1) ASK. Trainees should explain the rationale for asking
asking about how they are doing. Simple gestures, such as and then ask an open-ended question meant to elicit the
sitting down rather than standing (Swayden et al. 2012) patient’s understanding of the medical situation and the
and making eye contact, have been shown to increase planned procedure: “Just so I know where to begin, please
patient satisfaction with physician encounters. Importantly, tell me what you have been told about this procedure?”
trainees engage in these trust-building behaviors much less They may also use this opening inquiry to ask about the
frequently than they think they do (Block et al. 2013). amount of information and level of detail the patient
would like to hear, as patients will have a wide range of
preferences (Jenkins et al. 2001; Levinson et al. 2005).
Tip 3 2) TELL. They should tailor their initial sharing of infor-
mation to what they heard from the patient about their
Counsel the trainee to assess for barriers to discussing
understanding, expectations, and informational needs. In
informed consent
our experience, trainees often struggle with providing
The beginning of the consent conversation is also a time to clear explanations in simple, easy language. They should
ensure that the conversation the trainee is about to have be taught that it is most helpful to start with a simple
will be effective, in that the patient has the capacity to par- small chunk of information, always offering to give more
ticipate in shared decision making. While engaging in an detail.
initial informal conversation does not represent a formal 3) ASK. The second “ask” represents an opportunity to
assessment of medical decision-making capacity, it may check in and assess for understanding and concerns as
reveal a need for specialized assessment. While a discussion information is shared. An example of this type of check in
about the approach to assessing capacity is beyond the is “I’ve shared a lot of information. How are you feeling
scope of this article, it is worth noting that there are sev- about what we’ve discussed? What questions do you
eral validated mental capacity decision support tools avail- have?”
able for use by clinicians (Sessums et al. 2011). If The trainee should be prepared to truly listen at this
interactions with the patient or review of the medical point, and to answer the patient’s concerns. Furthermore,
record suggest impaired capacity, the trainee should be the trainee should be taught to then explicitly check for
instructed to seek further guidance regarding how to pro- understanding, an important step that has been endorsed
ceed with a formal assessment of capacity or alternative repeatedly by patient safety organizations as a priority for
avenues of discussing procedural consent. reducing medical error (Agency for Healthcare Research
Another common barrier to effective consent conversa- and Quality (AHRQ) 2013). One useful and evidence-based
tions is a language difference between the clinician and technique we recommend is the “teach back” method,
patient. Because trainees may be tempted to proceed with where patients are asked to restate in their own words
an informed consent conversation despite a partial lan- what was told to them during the consent conversation
guage barrier in order to avoid delays, it is important to (Fink et al. 2010). This is a simple and revealing way that a
remind them of the critical nature of meaningful communi- trainee can be taught to assess and then improve his own
cation during the informed consent encounter. Even effectiveness at communicating with patients.
patients who speak the clinician’s language proficiently as Finally, it is important to teach trainees to anticipate
a second language may benefit from an interpreter when that consent conversations often evoke emotions, and to
faced with complicated medical decision making. recognize and respond to those emotions with patience
Often family members will offer to translate for a and empathy. It may be helpful to provide examples of
patient. Although this may seem helpful, one should simple phrases that trainees can use to respond to
remind the trainee that family and other “ad hoc” inter- patient cues for emotional support. An example of this
preters are not equivalent to professional interpreters with might be: “I can see this is hard to discuss. It’s normal
respect to comprehension and errors (Karliner et al. 2007). to feel anxious before a procedure. Tell me what’s scar-
While family members may participate in the conversation ing you the most?”
MEDICAL TEACHER 3

Tip 5 Tip 7
Review the core elements of an informed consent Specify how to discuss risks
conversation
Trainees report being less comfortable discussing risks as
It is a mistake to assume trainees are familiar with what a compared to benefits (McClean and Card 2004; Nickels
consent conversation must include. Lack of formal training et al. 2016), and surveys of patients suggest that risks are
in informed consent has led to peer observation as the pri- less well discussed by physicians at large (Brezis et al.
mary modality by which trainees learn to conduct these 2008). Therefore, special attention should be paid to
conversations (Gaeta et al. 2007; Nickels et al. 2016). Given reviewing procedural risks and how to best discuss them
the low rates of meeting basic standards of informed con- with patients.
sent in observational studies (McManus and Wheatley While there are no absolute universal standards for
2003), it is unlikely that trainees are reliably learning these which risks to disclose, legal precedent generally espouses
core elements. Therefore, it is worthwhile to briefly review the disclosure of risks that a “reasonable doctor” would
the essential components of any informed consent conver- provide and a “reasonable patient” would want to know
sation prior to involving a student or junior doctor in this in order to make an informed decision (Spatz et al. 2016).
task. These components include indication, risks, benefits,
In addition, all “material risks” should be disclosed, with
expected outcomes, and alternatives (Murray 2012).
“material” generally defined as those risks which are ser-
To promote the inclusion of these essential elements
ious or frequent (Raab 2004). While trainees may readily
of the consent process, there have been proposals for
discuss procedural risks that are frequent, such as infec-
routine adoption of informed consent checklists in clinical
tion or bleeding, serious risks may be underreported or
practice (Krumholz 2010; Ripley et al. 2015); these can be
not mentioned at all due to a lack of knowledge or dis-
a resource for teaching informed consent as well.
comfort with saying out loud things like “loss of limb” or
Developing procedure-specific checklists tailored to your
own common procedures can provide a clear structure “death.”
for trainees who conduct consent conversations with To facilitate patient understanding and satisfaction, avail-
your patients. able evidence suggests it is best to express probabilities
quantitatively, using event rates (5%) or natural frequencies
(5 in 100) and absolute terms (i.e. absolute risk reduction
Tip 6 rather than relative risk reduction). Wherever possible, the
use of visual aids to quantify risk (icon arrays or bar graphs)
Ensure the trainee is knowledgeable about the
is also helpful (Zipkin et al. 2014). Discussing methods of
procedure
risk communication with trainees and providing relevant
In addition to not assuming trainees know the elements data and/or visual aids will enhance both their confidence
of informed consent, one should similarly not assume and accuracy when discussing procedural risks with
that they have the requisite knowledge about any given patients.
procedure to accurately review those core elements.
Because students and junior doctors frequently rotate
among different clinical services, they may be asked to Tip 8
obtain consent for procedures with which they have little
familiarity. When supervising a trainee in this context, it Teach the trainee to discuss the procedure in the
may be helpful to simply have a trainee first observe context of the individual patient’s circumstances
how you describe a procedure and its standard indica- While all informed consent conversations should
tions, benefits, risks, expected outcomes, and alternatives include the core elements discussed above, trainees must
during several interactions early in a rotation. The trainee
further learn to adapt the conversation to the individual
will not only learn this specific information, but import-
patient’s circumstances. In addition to adjusting the
antly also how to explain it in clear and simple terms.
amount of information provided, trainees should learn to
Alternatively, if a trainee indicates she is experienced
tailor their discussion of the procedure itself to the spe-
with a given procedure, you may instead ask her to
cific attributes of their patient (Murray 2012). The risks,
describe to you how she would review the core elements
benefits, expected outcomes, and alternatives to a pro-
of informed consent for the procedure. Of note, while
cedure will vary depending on a patient’s health, age,
trainees can often quickly gain the knowledge necessary
to describe a procedure and its benefits, the ability to values, goals, and other individual factors. Therefore, it is
discuss risks and answer questions about expected out- crucial to teach trainees that they should not begin an
comes and alternatives is often more challenging informed consent conversation without knowing the
(Eftekhari et al. 2015; Nickels et al. 2016). To comprehen- details of the specific patient’s medical situation. They
sively assess a trainee’s knowledge of all aspects of a should refer to those details when discussing the proced-
procedure, it may be helpful to conduct a mini role-play, ure, and further ask questions probing the patient’s atti-
where you play the role of the patient or family tudes about medical care, side effects, and recovery
(Thompson et al. 2015). times. All of this patient-specific information will be
However assessed, it is important to ensure a trainee necessary to fulfill their role in shared decision making,
has an adequate knowledge base before allowing him as together with the patient, they decide whether the
to obtain informed consent from a patient for any procedure is indeed the most appropriate next step in
procedure. medical care.
4 A. ANANDAIAH AND L. ROCK

Tip 9 Tip 11
Explain how to articulate an informed decision Discuss and review documentation
After discussing the rationale, benefits, risks, outcomes, and It is self-evident that the consent form must be signed prior
alternatives to the proposed procedure, a decision must be to the procedure, and the forms are typically worded to
made. Trainees will realize that sometimes this is simple, address the legal requirements related to informed consent.
and in other circumstances quite complex. It is important However, when done properly, the informed consent dis-
that trainees learn to summarize and reflect back what they cussion should reveal far more information about a patient
have heard and offer support in the decision making itself, and his or her priorities, concerns, and goals as they relate
if desired by the patient. For example, “I’m hearing you say to medical care than what is reflected by a simple signature
that you are willing to go through the risks I have on a form. Encourage trainees to document not just that
described if it means we will be able to remove the cancer. they obtained a signature indicating consent, but also the
Is that right?” details of the shared decision making conversation that led
Sometimes patients ask, “What would you do, doctor?” to the consent, in narrative form. This type of thorough
We recommend teaching trainees to answer honestly and documentation is valuable for both meeting legal require-
ments and providing optimal patient care (Moore et al.
use this question as an opportunity to reflect back on
2014).
what is important to the patient. “Based on what you
For example, it is logical that an informed consent con-
have told me, it sounds like being very active is
versation about central line placement in the intensive care
extremely important to you. Because this surgery will give
unit with the family of a patient who has developed refrac-
you the best chance of returning to running and biking, I
tory shock might lead to conversations about how long the
would recommend that we proceed” or “With your busy
patient might wish to undergo the type of resuscitative
job and caregiving responsibilities, it sounds like the bur-
efforts for which the central line is being placed. Although
dens of time off for recovery and physical therapy would preliminary, documenting the thoughts shared by the fam-
be too much for you right now, so I would recommend ily during the consent conversation would be incredibly
holding off on surgery until a time when you can balance valuable to the care team as they prepare for future con-
it more easily with your life.” Learning to make recom- versations regarding the most appropriate medical care for
mendations based on one’s knowledge of both the pro- the patient. Alternatively, if a patient consenting for ortho-
cedure and the patient is an important advanced skill paedic surgery is particularly anxious about the risks of
that junior doctors should develop as they approach inde- nerve palsy, documenting the extra time spent providing
pendent practice. details about risks and prognosis may be valuable should
the complication arise and there are concerns regarding
potential litigation.
Tip 10
Adapt your teaching to the clinical context Tip 12
Consent conversations must occur across a wide range of Observe and debrief the experience afterwards
clinical environments, and the time available may not per-
mit as comprehensive and reflective a process of discussing The consent conversation provides an opportunity to teach
consent, and teaching about it, as we might prefer. It is and observe a wide range of skills in a common medical
better to acknowledge the time constraint and openly dis- conversation that is integral to the practice of medicine in
cuss how to adapt the conversation than to risk simply any field. Observation of a consent conversation allows for
modeling an inadequate conversation. For example, most assessment of the trainee’s knowledge in a variety of
trainees are aware that the informed consent process can domains (the disease, the procedure, and the individual
patient’s case) as well as the trainee’s communication skills
be waived entirely in the setting of an emergency.
and capacity for patient-centered care.
Explicitly stating when the emergency exception is being
The trainee’s growth from the experience will depend
invoked, rather than simply omitting any mention of con-
on the quality of the feedback that is subsequently pro-
sent, will help trainees understand when it is appropriate
vided. A detailed guide to effective debriefing or feedback
to waive consent. For urgent procedures, the essential com-
is beyond the scope of this article, but some brief sugges-
ponents of informed consent must still be reviewed (Moore tions follow:
et al. 2014). Demonstrating how one includes all those
components into a brief conversation while exhibiting effi-  Tell the trainee in advance that feedback will occur fol-
cient trust-building behaviors can be an invaluable lesson lowing the conversation.
for an observing trainee.  Ask if there is a particular skill or aspect of the
We are often teaching in unpredictable, suboptimal conversation the trainee would like to practice or
settings and being transparent about how we balance discuss.
what may be best for patients with the reality of our  Utilize a brief checklist to record observations of major
day to day work pressures is a critical lesson that is communication skills: building trust, eliciting patient
rarely discussed. Discussing how you modify the consent concerns and providing information (Ask—Tell—Ask),
interaction under time pressure offers that valuable learn- and articulating a decision.
ing opportunity and may help trainees develop better  Choose one or two points to discuss, and provide spe-
habits. cific, actionable feedback.
MEDICAL TEACHER 5

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Asha Anandaiah, MD, is a pulmonary and critical care physician at
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Instructor of Medicine, Harvard Medical School; and a graduate of the
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Rabkin Fellowship in Medical Education, Harvard Medical School, Kelley JM, Kraft-Todd G, Schapira L, Kossowsky J, Riess H. 2014. The
Boston, MA. influence of the patient-clinician relationship on healthcare out-
Laura Rock, MD, is a pulmonary and critical care physician at Beth comes: a systematic review and meta-analysis of randomized con-
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