Informed consent for endoscopic procedures: European Society of Gastrointestinal Endoscopy (ESGE) Position Statement

Main statements All endoscopic procedures are invasive and carry risk. Accordingly, all endoscopists should involve the patient in the decision-making process about the most appropriate endoscopic procedure for that individual, in keeping with a patient’s right to self-determination and autonomy. Recognition of this has led to detailed guidelines on informed consent for endoscopy in some countries, but in many no such guidance exists; this may lead to variations in care and exposure to risk of litigation. In this document, the European Society of Gastrointestinal Endoscopy (ESGE) sets out a series of statements that cover best practice in informed consent for endoscopy. These statements should be seen as a minimum standard of practice, but practitioners must be aware of and adhere to the law in their own country. 1  Patients should give informed consent for all gastrointestinal endoscopic procedures for which they have capacity to do so. 2  The healthcare professional seeking consent for an endoscopic procedure should ensure that the patient has the capacity to consent to that procedure. 3  For patients who lack capacity, healthcare personnel should at all times try to engage with people close to the patient, such as family, friends, or caregivers, to achieve consensus on the appropriateness of performing the procedure. 4  Where a patient lacks capacity to provide informed consent, the best interest decision should be clearly documented in the medical record. This should include information about the capacity assessment, reason(s) that the decision cannot be delayed for capacity recovery (or if recovery is not expected), who has been consulted, and where relevant the form of authority for the decision. 5  There should be a systematic and transparent disclosure of the expected benefits and harms that may reasonably affect patient choice on whether or not to undergo any diagnostic or interventional endoscopic procedure. Information about possible alternatives, as well as the consequences of doing nothing, should also be provided when relevant. 6  The information provided on the benefit and harms of an endoscopic procedure should be adapted to the procedure and patient-specific risk factors, and the preferences of the patient should be central to the consent process. 7  The consent discussion should be undertaken by an individual who is familiar with the procedure and its risks, and is able to discuss these in the context of the individual patient. 8  Patients should confirm consent to an endoscopic procedure in a private, unrushed, and non-coercive environment. 9  If a patient requests that an endoscopic procedure be discontinued, the procedure should be paused and the patient's capacity for decision making assessed. If a competent patient continues to object to the procedure, or if a conclusive determination of capacity is not feasible, the examination should be terminated as soon as it is safe to do so. 10 Informed consent should be sufficiently detailed to cover all findings that can be reasonably anticipated during an endoscopic examination. The scope of this consent should not be expanded, nor a patient's implicit consent for additional interventions assumed, unless failure to proceed with such interventions would result in immediate and predictable harm to the patient.

[1]  I. Penman,et al.  Individualised consent for endoscopy: update on the 2016 BSG guidelines , 2023, Frontline Gastroenterology.

[2]  A. Rastogi,et al.  Best live endoscopy practices: an ASGE white paper. , 2023, Gastrointestinal endoscopy.

[3]  Richard S. Kwon,et al.  American Society for Gastrointestinal Endoscopy guideline on informed consent for GI endoscopic procedures. , 2022, Gastrointestinal endoscopy.

[4]  C. Hassan,et al.  Live endoscopy events (LEEs): European Society of Gastrointestinal Endoscopy Position Statement – Update 2021 , 2021, Endoscopy.

[5]  J. Millum,et al.  Informed Consent: What Must Be Disclosed and What Must Be Understood? , 2021, The American journal of bioethics : AJOB.

[6]  Alessandra Capuano Sapienza: , 2020, #CURACITTÀ ROMA.

[7]  J. Niforatos,et al.  Informed consent for invasive procedures in the emergency department. , 2020, The American journal of emergency medicine.

[8]  Mehul D. Patel,et al.  Modernizing Informed Consent During Emergency Care. , 2020, Annals of emergency medicine.

[9]  F. Radaelli,et al.  ERCP-related adverse events: European Society of Gastrointestinal Endoscopy (ESGE) Guideline , 2019, Endoscopy.

[10]  C. Hassan,et al.  European Society of Gastrointestinal Endoscopy (ESGE) Publications Policy – Update 2020 , 2019, Endoscopy.

[11]  P. Schulte,et al.  Room for Improvement: A Systematic Review and Meta-analysis on the Informed Consent Process for Emergency Surgery. , 2019, Mayo Clinic proceedings.

[12]  C. Rizzo,et al.  Digital tools in the informed consent process: a systematic review , 2019, BMC medical ethics.

[13]  L. Fazzi,et al.  Legal Capacity of Persons with Intellectual Disabilities , 2019 .

[14]  Yen-Ko Lin,et al.  How to effectively obtain informed consent in trauma patients: a systematic review , 2019, BMC medical ethics.

[15]  E. Agorogiannis,et al.  Informed Consent and the Role of the Treating Physician. , 2018, The New England journal of medicine.

[16]  M. Biros,et al.  A 20‐year Review: The Use of Exception From Informed Consent and Waiver of Informed Consent in Emergency Research , 2018, Academic emergency medicine : official journal of the Society for Academic Emergency Medicine.

[17]  John A. Evans,et al.  Guidelines for sedation and anesthesia in GI endoscopy. , 2018, Gastrointestinal endoscopy.

[18]  G. Bayliss,et al.  Putting the "No" in Non Nocere: Surgery, Anesthesia, and a Patient's Right to Withdraw Consent. , 2017, Rhode Island medical journal.

[19]  W. Wojcik,et al.  Montgomery and informed consent: where are we now? , 2017, British Medical Journal.

[20]  T. Clutton-Brock,et al.  AAGBI: Consent for anaesthesia 2017 , 2016, Anaesthesia.

[21]  A. Katz,et al.  Informed Consent in Decision-Making in Pediatric Practice , 2016, Pediatrics.

[22]  H. Neumann,et al.  Complications in gastrointestinal endoscopy , 2016, Digestive endoscopy : official journal of the Japan Gastroenterological Endoscopy Society.

[23]  M. Thomson,et al.  Guideline for obtaining valid consent for gastrointestinal endoscopy procedures , 2016, Gut.

[24]  Robert J Williams,et al.  Mental Capacity Act. , 2016, Nursing management.

[25]  R. Griffith What is Gillick competence? , 2016, Human vaccines & immunotherapeutics.

[26]  C. Hassan,et al.  Non-anesthesiologist administration of propofol for gastrointestinal endoscopy: European Society of Gastrointestinal Endoscopy, European Society of Gastroenterology and Endoscopy Nurses and Associates Guideline – Updated June 2015 , 2015, Endoscopy.

[27]  G. Guyatt,et al.  Guideline panels should not GRADE good practice statements. , 2015, Journal of clinical epidemiology.

[28]  Montgomery (Appellant) v Lanarkshire Health Board (Respondent) (Scotland) , 2015, BDJ.

[29]  Ioannis N. Dimitrakopoulos,et al.  The European Union Agency for Fundamental Rights , 2015 .

[30]  J. Schumann,et al.  What is wrong with discharges against medical advice (and how to fix them). , 2013, JAMA.

[31]  G. Gillespie,et al.  Consent and capacity in children and young people , 2013, Archives of Disease in Childhood: Education & Practice Edition.

[32]  E. Monico,et al.  Documentation proficiency of patients who leave the emergency department against medical advice. , 2013, Connecticut medicine.

[33]  Darren P. Mareiniss,et al.  The importance of a proper against-medical-advice (AMA) discharge: how signing out AMA may create significant liability protection for providers. , 2012, The Journal of emergency medicine.

[34]  P. Pelosi Retraction of endorsement: European Society of Gastrointestinal Endoscopy, European Society of Gastroenterology and Endoscopy Nurses and Associates, and the European Society of Anaesthesiology Guideline: Non-anesthesiologist administration of propofol for GI endoscopy , 2012, Endoscopy.

[35]  A. Alessandri Parents know best: Or do they? Treatment refusals in paediatric oncology , 2011, Journal of paediatrics and child health.

[36]  P. Vilmann,et al.  European Society of Gastrointestinal Endoscopy, European Society of Gastroenterology and Endoscopy Nurses and Associates, and the European Society of Anaesthesiology Guideline: Non-anesthesiologist administration of propofol for GI endoscopy , 2010, Endoscopy.

[37]  Brendan G. Magauran Risk management for the emergency physician: competency and decision-making capacity, informed consent, and refusal of care against medical advice. , 2009, Emergency medicine clinics of North America.

[38]  J. Sava,et al.  Is informed consent in trauma a lost cause? A prospective evaluation of acutely injured patients' ability to give consent. , 2007, Journal of the American College of Surgeons.

[39]  P. Malfertheiner,et al.  Ethical issues in endoscopy: patient satisfaction, safety in elderly patients, palliation, and relations with industry , 2007, Endoscopy.

[40]  P. Havens,et al.  Assent for Treatment: Clinician Knowledge, Attitudes, and Practice , 2006, Pediatrics.

[41]  J. Moskop Informed consent and refusal of treatment: challenges for emergency physicians. , 2006, Emergency medicine clinics of North America.

[42]  G. Forbes,et al.  Informed consent in direct access colonoscopy , 2006, Journal of gastroenterology and hepatology.

[43]  James E. Morrow The University of Washington , 2004 .

[44]  S. Ladas,et al.  Recommendations of the ESGE Workshop on Informed Consent for Digestive Endoscopy , 2003, Endoscopy.

[45]  V. Larcher,et al.  Informed consent/assent in children. Statement of the Ethics Working Group of the Confederation of European Specialists in Paediatrics (CESP) , 2003, European Journal of Pediatrics.

[46]  P. Malfertheiner,et al.  Informed Consent for Gastrointestinal Endoscopy: A 2002 ESGE Survey , 2003, Digestive Diseases.

[47]  M. Tweeddale Grasping the nettle—what to do when patients withdraw their consent for treatment: (a clinical perspective on the case of Ms B) , 2002, Journal of medical ethics.

[48]  R. Kurtz,et al.  A randomized trial using videotape to present consent information for colonoscopy. , 1994, Gastrointestinal endoscopy.

[49]  T. Bolin Gastrointestinal endoscopy , 1992, The Medical journal of Australia.

[50]  I. Forgacs GASTROENTEROLOGY , 1988, The Lancet.

[51]  J. Loewenthal DECISION , 1969, Definitions.

[52]  R. Joynt Department , 1960, Neurology.

[53]  R. Thomson,et al.  Decision aids for people facing health treatment or screening decisions. , 2014, The Cochrane database of systematic reviews.

[54]  A. Edwards,et al.  Systematic review and meta-analysis of audio-visual information aids for informed consent for invasive healthcare procedures in clinical practice. , 2014, Patient education and counseling.

[55]  A. Nilsson Who gets to decide? Right to legal capacity for persons with intellectual and psychosocial disabilities , 2012 .

[56]  E. Monico,et al.  Leaving against medical advice: facing the issue in the emergency department. , 2009, Journal of healthcare risk management : the journal of the American Society for Healthcare Risk Management.

[57]  E. Wicks,et al.  The right to refuse medical treatment under the European Convention on Human Rights. , 2001, Medical law review.