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Two major issues were recognised from the outset:
- Patients assigned to RNSH would often experience increased
transport times to hospital; and
- It would be difficult to obtain patients' fully informed consent.
The first issue is important because delays in initiating treatment
after AMI increase the risk of death. The second issue of difficulty
obtaining informed consent is encountered in research involving
interventions for acute, life-threatening illness, because of
shortness of time and the inevitable stress associated with the
life-threatening circumstances.
Both these issues were taken up by the RNSH ethics committee that
meticulously examined the study. After examination of preliminary
data, the committee accepted the arguments of the investigators that
the benefits of stenting would exceed any increased risk associated
with transport delays. It was also decided that it was acceptable to
delay provision of detailed information about the trial until the
patients arrived at RNSH, even though, in reality, this would often
exclude alternatives. Despite complaints provoked by concern
within the medical community, approval was eventually granted, but
before the trial could begin the Sydney Morning Herald
published an article questioning this decision.2 A storm of
publicity followed and, months later, the trial has still not
commenced.
There are several points raised by this case on which there is
widespread agreement. In the emergency setting, as elsewhere,
rigorous testing is important to identify the most effective
treatments and to exclude ineffective, risky or unnecessarily
expensive ones. However, the gravity and urgency of the
circumstances will often limit the extent to which patients can make
carefully considered judgements about whether to participate.
Often compromises need to be found. It is the sometimes unenviable job
of the responsible ethics committee to attempt to find such a
compromise, after considering all the issues and balancing possible
risks and benefits. In this case, the scientific questions are well
founded and the answers are likely to carry significant implications
for medical practice around the world. However, whatever decision is
ultimately reached it is unlikely to find acceptance by all
protagonists.
The complexity of the issues emphasises the importance of the ethics
committee process. As with the courts, public confidence in the
outcome of ethics committee deliberations depends on a belief that it
is fair, free from interference and takes into account all relevant
issues. The RNSH ethics committee appears to have acted with
propriety and professionalism, but, like other ethics committees,
its deliberations are not open to public scrutiny. In addition, it is
possible that it did not consider issues affecting other hospitals
within the region — for example, the interests of private providers
of angioplasty and their patients who could be disadvantaged by the
study. The absence of the need to justify decisions in contentious
cases, and of a defined appeals process for most committees, creates
an appearance of arbitrariness and peremptoriness.
The role of the media, which the investigators found so disturbing
here, also raises important issues. Medical research is a matter of
public interest, and ethics review is not a mere technical function,
but a means by which the community ensures that research proposals are
adequately evaluated and supervised. Press coverage may be of
variable quality, and may itself represent undeclared vested
interests. However, as cumbersome and inconvenient as the process
may be, if a study has sufficient merit and the review process has been
sufficiently robust it is unlikely that public debate and critical
reflection will ultimately prevent it from proceeding.
This imbroglio provides several important lessons. There are no
short cuts to the solution of difficult ethical problems and complete
consensus may never be possible. What is most important is that
discussions and decision-making processes be free, open and
transparent. For these reasons, the tendency for ethics committees
to keep their deliberations secret, in the mistaken belief that this
is necessary to protect intellectual property, should be
reassessed. Promising new models for ensuring public
accountability and sharing of experience of committee processes
should be examined, such as open access to meetings, chat rooms and the
concept of the health ethics archive.3,4 In addition, care must be
taken to ensure that current efforts to streamline ethics review
processes in the interests of cost and efficiency do not erode the
democratic, decentralised nature of the system. In the case of the
RNSH trial of treatment for AMI, the investigators should be
encouraged to continue dialogue with their interlocutors until the
best possible compromise can be reached.
Paul A Komesaroff
Director, Monash Centre for the Study of Ethics in Medicine and
Society Melbourne, VIC
Competing interests: None declared.
- Rasmussen HH, Hansen PS, Koyama Y, et al. Trial of a trial by media.
Med J Aust 2001; 175: 625-628.
-
Ryle G. A trial of the heart. Sydney Morning Herald 2001; 29
March: 11.
-
The Institutional Review Board — discussion and news forum.
<http://www.irbforum.org> (accessed November 2001).
-
Health Ethics Archive.
<http://www.ethics-archive.org> (accessed November
2001).
©MJA 2001
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Other articles have cited this article:
Michael C Kennedy. Clinical trials without consent: some experiments
simply cannot be done Med J Aust 2002; 177 (1): 40-42. [For Debate] <http://www.mja.com.au/public/issues/177_01_010702/ken100251_fm.html>
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