The basic ethical framework for research
Historically, attempts at establishing international rules for ethical research stem from the time after the Second World War, as a result of the criminal trials in Germany. The Nuremberg Code contained guidelines for consent or discontinuation of studies and advised on the balance between risks and benefits. Most of these rules were, however, concerned with experimental research. The World Medical Association’s Declaration of Helsinki (2008) lists the basic principles for all medical research (the first version appeared in 1964 and has been amended several times). Although the terminology concerns mainly medical research and human ‘subjects’ (sic – see Chapter 8), the declaration contains guidance for all research investigators and research participants. The latest revision (2008) strengthens, in particular, the aspects of informed consent.
Ethics in research has its basis in certain philosophical assumptions (which cannot be discussed here). The term originates in the Greek word ‘ethos’ which, according to Aristotle, means character and refers to the credibility of a speaker or writer. It is a branch of philosophy concerning value – and there are two approaches in ethics: the normative approach (what we should do) and the descriptive approach (what we actually do).
Ethics for health professionals/researchers is concerned with guiding professionals to protect and safeguard the interest of clients (for instance, see NMC, 2008). The researcher needs to draw on ethical principles and rules and balance these in the research process. Key ethicists in this field are Beauchamp and Childress (2008) in their work Principles of Biomedical Ethics. They view ethics as a generic concept for both understanding and examining moral life. Although the book considers bio-medical ethics in particular, it is useful for all health professionals. The authors emphasise a framework of moral norms that encompass principles, rules, rights, virtues and moral ideals and outline four basic principles as pivotal to this framework. Although this ‘principlism’ has found critics – in particular social scientists – it emphasises some essential human rights important for all health and social care researchers:
Respect for autonomy (from the Greek autos, self; nomos, law) means that the participants in the research must be allowed to make a free, independent and informed choice without coercion. The counterpart in law of this principle is the right of self determination, and it underpins the notion of informed consent and refusal. The concept of respect for autonomy includes advice to the researcher to consider the social nature of individuals, the impact of their choices and actions on others and the emotions involved in the process of research (Butler, 2003).
As research is conducted for the benefit of individuals, patients/users, care professionals and the public in general (DH, 2005) these are pertinent features. The Department of Health (p. 15) makes clear that the primary consideration in any research study is to protect the dignity, rights, safety and well-being of participants. As informed consent is at the centre of all research, studies must have appropriate arrangements for obtaining informed consent (see later in this chapter).
The principles of beneficence and nonmaleficence (do good, do no harm) demand that benefits outweigh the risks for the individual and the wider society. The principles set up by the World Medical Association (WMA) add that risks must be carefully assessed and weighed against benefits not only for the population as a whole but also for the individual; these risks should be kept to a minimum.
The principle of justice implies that the research strategies and procedures are fair and just. In a multicultural society this includes proper representation in research samples (DH, 2005) and respect for diversity (age, gender, disability and sexual orientation). In their ethical framework, Beauchamp and Childress (2008) also discuss ethical rules, and there is a loose distinction between rules and principles in the operation of these rules. They argue that rules are more specific, giving more precise guides to action. These are related to research as set out below:
- Veracity (truth-telling)
- Privacy
- Confidentiality
- Fidelity
Veracity in healthcare involves an accurate flow of information that is comprehensive and takes account of the participant’s understanding. These features are important for gaining informed consent for participation in research. The rule of ‘truth-telling’ links to the principle of respect for autonomy. Dishonesty would not respect the autonomy of the individual and impede the decision-making process. Similarly considerations of veracity are necessary in terms of disclosure and nondisclosure of information. An individual cannot make a fully informed decision about participation in research if some information is withheld. Giving full initial information, however, can be problematic with respect to the flexibility of qualitative research methods as shown later.
Privacy is also part of the principle of respect for autonomy. Researchers must respect privacy of the research participants which is closely linked to confidentiality. The Declaration of Helsinki (WMA, 2008: 3) states that ‘every precaution must be taken to protect the privacy of research subjects (sic) and the confidentiality of their personal information and to minimize the impact of the study on their physical, mental and social integrity’.
Confidentiality in healthcare generally is recognised as underpinning the patient–practitioner–researcher relationship. Without such confidentiality there would be no basis for trust in these encounters. Information can only be given to a third party with the consent of the research participant. All those involved in research need be aware of their ethical and legal duties and ensure that systems are in place to protect confidentiality (DH, 2005).
Finally the ethical rule of fidelity concerns notions of faithfulness or loyalty. Beauchamp and Childress (2008) argue that traditionally professional loyalty concerns giving priority to the participant’s interests but third-party interests such as institutional interests and the changing health professions also need consideration, and conflict might occur between these differing priorities. Beauchamp and Childress specifically examine aspects of conflicts of fidelity and stress that fidelity conflicts can occur in both therapeutic and non-therapeutic research. The Declaration of Helsinki (WMA, 2008: 3) states that research participants must be informed of any institutional affiliations or potential conflicts of interest of the researcher. The Research Governance Framework for Health and Social Care (DH, 2005: ii), makes clear that it is the researcher’s duty ‘to protect the dignity, rights, safety and well-being of participants’.
All health and social care researchers have to justify the research not only to research ethics committees (RECs) but also to participants, superiors and gatekeepers. They must recognise the right of informants to refuse participation in the project or to withdraw from it if they wish. In Britain, the National Research Ethics Service (NRES), under whose aegis RECs operate, helps to safeguard patient rights. It is an ethics service within the National Patient Safety Agency for the National Health Service. It also guides and advises research applicants, be they students or other researchers. Its purpose and functions can be found on the web and include all application forms and guidance notes. The equivalent of the NRES in the United States is the National Institute of Health (NIH) which has an ethics manual and provides training.
Ethics in qualitative research
Many aspects of the sections below would apply to all types of research, but for practical reasons they are integrated with issues particularly concerning qualitative research.
Introduction
Van den Hoonaard (2008) states that ethical guidelines for bio-medical research have – problematically in his opinion – shaped the ethical guidelines for social research, an area which encompasses qualitative health research. He suggests that the traditional medical view of the human ‘subject’ is inadequate in social research when compared to the holistic understanding of the World Health Organization (WHO). For qualitative researchers a holistic view of ‘participant’ as an active and interactive human being is of major importance, and researchers need to be aware of the social and cultural context. These issues must be considered especially in qualitative research, as it is context bound and usually interactive. The following section is a discussion of research with patients which includes the particular concerns of qualitative researchers.
Ethics in research with patients
Patients are in a particularly endangered position for two main reasons: the perceived imbalance of power in their relationship with health professionals and the special vulnerability of being ill. Participants are in a situation in which they have limited power, and they feel a lack of control. They are not always aware of their rights to refuse participation in the research, particularly if it lasts over a long period of time, and when unexpected issues arise. The researcher must understand the feeling of obligation that participants might have. Often they feel powerless to deny the researchers access to their world. While official documents focus on the rights of patients, research in healthcare often deals with people who have little real power in their situation. The power balance is perhaps more equal in the client’s own setting than in the hospital situation.
Timing is an important issue in qualitative research (Cowles, 1988). Bad timing can inhibit informants, especially when they have recently had a traumatic experience. They might feel threatened at this particular time and too emotionally involved to make rational decisions about taking part or continuing the research. This leads to the problems of interviewing patients.
Interviews and observations
Interviews, in particular, may deeply affect participants who do not just reveal their experiences and deep thoughts to the researcher but also might become aware of hidden feelings for the first time. Interviews might provoke distressing memories and strong emotions (Butler, 2003), and the researcher should be prepared to allow the participant to work through these. Interviewers also might find these conversations distressing and stressful, and they too might need peer support or even counselling.
Towards the end of the research project another problem may arise: the continuous, intimate nature of the interviewer–informant relationship generates trust and sometimes friendship; therefore, it is difficult for both researcher and participants to extricate from it. A sensitive researcher does not leave the patient anxious or worried. The ‘debriefing’ of informants and the provision of emotional support, if needed, is important. If health researchers find strong distress in patients, there is need for debriefing and a mechanism for following up the participants.
Example
Consider a nurse who wishes to interview patients with a serious illness about their feelings and the support they receive. The study will almost certainly help in the future because of extended knowledge and information that nurses have gained. Patients, however, may well feel distressed and disturbed by the nurse’s probing into private thoughts and feelings at a time when they experience pain, distress and anxiety about their future.
Mander (1988) claims that patients are particularly vulnerable because they are ‘a captive population’. Patients are vulnerable especially when they are very young or very old. Interviews must take into account the difficulty they might have in sustaining long in-depth interviews; the researcher might consider several short interviews instead. Children, people with learning difficulties and those who have a mental or terminal illness need particular protection. For the children and some people with learning difficulties, researchers are obliged not only to gain permission from the participants but also from parents or legal guardians as ethical issues are particularly complex in this case. Even experienced health professionals should undertake research with these groups only after careful consideration. (NRES has specific guidance documents for research with those who cannot give consent for themselves.)
There are particular issues to be considered when carrying out research with frail older people (Harris and Dyson, 2001) as much qualitative research now focuses on this group. It is difficult for some, though by no means all, members of this group to give fully informed consent as they might be prevented from doing so by ill health, chronic disease or fatigue. Even factors such as size of writing in the information sheet or consent form or the clarity of the researcher’s voice are important, as is the potential participant’s ability to understand the information and to concentrate on it. Older people are sometimes loath to commit themselves to being interviewed for research purposes and must therefore be recruited with care and diplomacy.
Harris and Dyson (2001) add among other suggestions:
- Researchers should not underestimate difficulties in recruiting vulnerable older people.
- Researchers need to develop skills in recruiting members of this group while also protecting their rights to refuse to take part.
- Researchers should attempt to obtain genuine consent in a study (See Further reading).
Very similar issues are taken into account in research with children. Researchers also need special consideration of ‘giving voice’ to minority groups as there is often a tension between using people as sources of data and respecting the rights of individuals to be heard. Researchers must give reasons for focusing on or excluding minority groups.
Ethical questions arise in observation, too. Covert observation is problematic and its ethics debatable. Researchers in the field of healthcare usually disclose their presence as observers and reveal the purpose of the observation. This may generate the observer effect – the change that observers may bring about in the setting through their presence. Patton (2002) suggests that the effect can be overestimated, as participants are immersed in the setting and get used to their presence. In any case, clients and colleagues generally trust the health professional to behave ethically.
Permission for observation must always be obtained. Rogers (2008) gives the example of midwifery research where a researcher might wish to observe the empathising skills of midwives during the labour process. This means that clients and others in the setting have to be asked for permission and not only midwives.
Informed consent and voluntary participation
Informed, voluntary consent means that research participants are fully informed about the research and give their voluntary agreement to take part in it. There should be neither implicit or explicit pressure from researchers nor any inducement. The Royal College of Nursing (2005) gives guidance about informed consent in health and social care research and states: ‘Informed consent is an ongoing agreement by a person to receive treatment, undergo procedures or participate in research, after risks, benefits and alternatives have been adequately explained to them’ (RCN, 2005: 3).
The nature of qualitative research is its flexibility, the use of unexpected ideas arising during data collection (serendipity) and the prompts that are allowed during interviews. Qualitative research focuses on the meanings and interpretation of the participants. The developing concepts are grounded in the data rather than in a previously established framework; hence qualitative researchers have inherent problems with informed consent. When the research begins, they have no specific objectives for the research, though they have a general aim and focus. Shaw (2008) discusses this problem: the participants cannot always have full and detailed information about the project as the ideas of the researcher might change during its process. This is a dilemma of which participants must be informed. Researchers must often make difficult decisions after balancing advantages and disadvantages of giving full information from the beginning of the research. The initial lack of complete information is only justifiable because it produces data without harming the participants. By the end of the research participants need full disclosure of details, so they can make an informed decision on the use of their data; consent given before the interview cannot be taken for granted and must be confirmed throughout without putting pressure on the participants.
Consent in qualitative research is an ongoing process. Whilst consent may be implied in one phase of the research, it cannot be assumed at another stage when the researcher’s ideas change on the basis of the information provided, or indeed, when participants change their minds. Thus consent is not a once and forever agreement by participants but requires ongoing consent.
The process of informed consent is located within the principle of respect for autonomy. This principle demands that participation is voluntary and that informants are aware not only of the potential benefits of the research for the population but also of the personal and individual risks they take. First-time researchers, in particular, should take care that there is no major risk involved, though all research involves some risks. Participants then must be informed throughout about the voluntary nature of participation in research and about the possibility of withdrawing at any stage. This should be shown in the written consent form required in most health research. Van den Hoonaard (2002), however, thinks that written consent is inappropriate in qualitative research, and Green and Thorogood (2004) even believe that the research relationship might be damaged through this. They argue that, although individuals are usually willing to participate, they often reconsider when asked to sign forms. However, these writers are sociologists and not health professionals, and the latter would have to ask for consent forms; otherwise they would not generally gain permission from ethics committees, however ethical their behaviour. Ethics committees generally request a consent form (see later in this chapter).
It is useful to anticipate potential problems in the course of the research and consider their solutions. The researcher must be aware that the research might threaten participants, superiors or institutions, even if it is intended to have a positive effect. Sim (1991) identifies a major dilemma of researchers: they experience conflict between the recognition of the rights of human beings and the wish to advance professional knowledge. Electronic mail and internet inquiry also pose particular problems as it is difficult to ascertain that the consent is truly given by the participants (Kralik et al., 2005). Special measures need to be taken to safeguard people when the internet is used for research (see Further reading).
Anonymity and confidentiality
Qualitative healthcare research might be more intrusive than quantitative research; therefore, the researcher needs sensitivity and communication skills. Usually, anonymity is guaranteed, and a promise is given that identities will not be revealed. Qualitative researchers work with small samples and use thick description (see Glossary); it is not always easy to protect identities. Even a detailed job description or an unusual occupational title of an informant may destroy anonymity.
Researchers sometimes change minor details about the participants so that they cannot be identified. For instance, researchers may change the age of all participants by two or three years when age is not an important factor in the research (Archbold, 1986). This of course must be reported in the research account without giving exact particulars. Only the researcher should be able to match the real names and identities with the tapes, report or description; participants are given numbers or pseudonyms. Tapes, notes and transcriptions – important tools for the qualitative researcher – must be kept secure and names not located near the tapes. If other people, superiors, supervisors or typists have access to the information – however limited this might be – names should not be disclosed, participants’ identities must be disguised and they should be asked for permission. It is also worth noting that, although undertakings of confidentiality are given, participants need to know that others might have access to the tapes for peer reviews for verification of the analysis.
Examples