do you need patient consent for case report

by Glenda Deckow IV 7 min read

Publication of case reports: Is consent required? - PMC

6 hours ago Following legal advice, the British Journal of Psychiatry has adopted a guideline saying that consent must be obtained if an individual patient is described; if consent cannot be obtained, “the report can be published only if all details that would enable any reader (including the individual or anyone else) to identify the person are omitted”. It is important to note that, particularly for … >> Go To The Portal


Although not technically required, especially if the case report does not include any identifying information, some journals require informed consent for all case reports before publishing. The CARE guidelines recommend obtaining informed consent AND the patient's perspective on the treatment/outcome (if possible).

Do patients read consent forms?

They often do not read consent forms carefully because they assume that someone else has scrutinised the risks and benefits on their behalf. Interviews with 103 patients showed that many factors influence a decision to take part in medical research (Hastings Center Report 1996;26 (5):25-9).

Is your medical consent properly informed?

Informed consent to medical treatment is fundamental in both ethics and law. Patients have the right to receive information and ask questions about recommended treatments so that they can make well-considered decisions about care. Successful communication in the patient-physician relationship fosters trust and supports shared decision making.

What is a patient consent?

The physician provided his patient with a dense seven-page consent form, in which specific surgical risks, like tissue necrosis, were mentioned; she signed the consent form. However, the physician did not engage in any detailed discussions with his patient ...

Is informed consent possible?

Informed consent is not only required for clinical trials but is an essential prerequisite before enrolling each and every participant in any type of research involving human subjects including; diagnostic, therapeutic, interventional, bioequivalence, social and behavioral studies and for all research conducted domestically or abroad.

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Does case reports require patient consent?

As explained above, informed patient consent is mandatory for the publication of your case reports. Ignoring this requirement can result in a rejection for your work and worse, ruin your relationship and reputation with patients.

Do you need IRB approval for case reports?

Under HIPAA, a single case report is an activity to develop information to be shared for medical/educational purposes. Therefore, the use of protected health information to prepare a paper for publication of a single case report does not require IRB review for HIPAA purposes.

Do case reports require ethical approval?

Case reports and studies intended for quality improvement are often considered not research and do not need IRB approval. Nevertheless, there should be some processes of clearing those studies with respect to ethical handling of patients and related data.

How do you consent a patient to a case report?

For a patient's consent to publication of information about them in a journal or thesisThe Information will be published without my name/child's name/relatives name attached and every attempt will be made to ensure anonymity. ... The Information may be published in a journal which is read worldwide or an online journal.More items...

Are case studies exempt from IRB review?

As a result, case studies generally qualify for exempt review by the IRB provided that the study (a) does not involve a sensitive topic, (b) is conducted in a manner that protects subjects' identity, and (c) does not involve at-risk or special populations.

Does case report count as research?

The case report is a research design where an unexpected or novel occurrence is described in a detailed report of findings, clinical course, and prognosis of an individual patient, which might be, but not mandatory, accompanied by a review of the literature of other reported cases.

When is ethical approval not needed?

Some studies that do not require ethical approval include those involving information freely available in the public domain (e.g. published biographies, newspaper accounts), and the analysis of datasets, either open source or obtained from other researchers, where the data are properly anonymised and informed consent ...

When is informed consent not required research?

From the 115 papers included, we identified three main categories of reasons for waiving the informed consent requirement: (1) decrease of data validity and quality; (2) distress or confusion of participants; and (3) practical problems.

Why is informed consent not required in retrospective studies?

Although most institutions require IRB approval, consent is usually not required as the IRB will ensure that steps are taken to ensure the anonymity of the data. The answer would be "it depends" on what you mean by retrospective.

What research requires IRB approval?

IRB review and approval is required for projects that: Meet the definition of research. Involve human subjects and. Include any interaction or intervention with human subjects or involve access to identifiable private information.

What is the difference between case study and case report?

Case studies are widely used in psychology to provide insight into unusual conditions. A case study, also known as a case report, is an in depth or intensive study of a single individual or specific group, while a case series is a grouping of similar case studies / case reports together.

What qualifies as a case report?

A case report is a detailed report of the symptoms, signs, diagnosis, treatment, and follow-up of an individual patient. Case reports usually describe an unusual or novel occurrence and as such, remain one of the cornerstones of medical progress and provide many new ideas in medicine.

What is required to submit a case report?

Journals often have specific requirements for publishing case reports, which could include a requirement for informed consent, a letter or statement from the IRB and other things.

What should I do after writing a case report?

Once you have written a draft of the case report, you should seek feedback on your writing, from experts in the field if possible, or from those who have written case reports before .

Why is it important to write a case report?

the reason you would go to the trouble of writing one, is that the case is sufficiently unique, rare or interesting such that other medical professionals will learn something from it.

Do I need IRB approval for case reports?

If this is true for your case report, then it most likely does not require IRB approval because it not considered research. If you have more than one patient, your study could qualify as a Case Series, which would require IRB review. If you have questions, you chould check your local IRB's guidelines on reviewing case reports.

Does CHM have funding for publication?

It is best practice to check the journal's Info for Authors section or Author Center to determine what the cost is to publish. CHM does NOT have funds to support publication costs, so this is an important step if you do not want to pay out of pocket for publishing.

Is it free to publish a case report?

Be aware that it may not be free to publish your case report. Many journals charge publication fees. Of note, many open access journals charge author fees of thousands of dollars. Other journals have smaller page charges (i.e. $60 per page), and still others will publish for free, with an "open access option".

Do you need informed consent for a case report?

Although not technically required, especially if the case report does not include any identifying information, some journals require informed consent for all case reports. The CARE guidelines recommend obtaining informed consent AND the patient's perspective on the treatment/outcome (if possible).

Why are case reports important?

As a method of documenting a single clinical observation, case reports offer timely and valuable information , especially with regards to rare diseases. They show medical professionals how fellow practitioners have acted in similar situations and thus aid in the decision-making process by sharing best practices.

What happens if a case is unique but not well documented?

This is not only a waste of your precious time but also a discouragement which might prevent you from producing more case reports in the future.

Can you publish a case report without consent?

Don’t publish a case report without the patient’s consent. As explained above, informed patient consent is mandatory for the publication of your case reports. Ignoring this requirement can result in a rejection for your work and worse, ruin your relationship and reputation with patients.

What was the case report submitted to journal X?

A case report was submitted to journal X reporting on a child who had been admitted to hospital suffering an injury, which the doctors suspected resulted from a deliberate cigarette burn.

Can a child be identified in a hospital?

It is possible that the child could be identified, because the location of the hospital is given in the authors’ affiliations, the injuries are clearly detailed and the parents have been convicted of child abuse (it is not known if there was any press coverage of this case).

Can a case report be published without consent?

Some members of the Forum argued that a paper containing identifiable details of a patient cannot be published without consent unless the patient is dead or the patient has given informed consent to publication. In this case, consent cannot be obtained and therefore the presumption should be that the case report should not be published. The Forum advised that the editor should consider not only the ethical and legal issues involved in deciding to publish, but also the data protection issues. In terms of whether the pubic health value of publication should overturn considerations of consent and confidentiality, the general consensus of the Forum was that it is unlikely that a single case report is so medically important that it must be published, and that if he or she wishes to use a public interest defence, the editor must be prepared to defend their decision in the event of a complaint by the patient or a regulatory body.

Our confidentiality policy

Our policy is based on the UK's data protection law and the English common law of confidentiality. UK authors should be aware that the General Medical Council has extensive guidance on patient consent and confidentiality and that our policy is in line with GMC advice.

Images of Patients

Our policy on obtaining consent for publication of pictures or videos of patients is a subset of our general policy on patient confidentiality.

Best practice for authors on obtaining consent for publication

This document provides guidance for authors on obtaining consent for publication including best practice for obtaining consent from individuals who may lack capacity to consent on their own behalf and minors.

What is a case report?

A case report is a medical/educational activity that does not meet the DHHS definition of “research”, which is: "a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.".

Does a case report have to be approved by the IRB?

Yes. Under HIPAA, a case report is an activity to develop information to be shared for medical/educational purposes. Although the use of protected health information to prepare the paper does not require IRB review, the author of a case report must comply with HIPAA.

Do journals require an IRB letter?

Background: Many journals now require a letter, or other acknowledgement, from an IRB prior to publication of a case report. Specifically, they wish to know whether IRB approval was obtained or was not required for the described case. The JHM IRBs have adopted a policy to address the following question and answers.

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