Conflict of interest or unethical?

[Steve DiMasi]

I am wondering if it is a conflict of interest if a hospice nurse wants to ask some families of former patients to participate in a documentary we want to produce.

The families would be asked to sign a standard "model" release form and then relate their experiences about hospice and the process of their family member's death.

Are there any potential legal or ethical issues? Also, would it be unethical to ask current patients to participate?

We will be asking the hospice company for permission to approach these people, but wanted to first figure out if there would be any issues.

What do you think? Anyone here a lawyer or have experience with this type of issue?

[Ken Fitzgerald]

Steve,

There are lawyers at this site and I don't know of any of them that give "legal opinions" on line, for obvious reasons. I would recommend talking with a lawyer in your local area as some medical issues are very dependent on state laws.

[Neal Clayton]

you need to hire a local attorney.

[Steve DiMasi]

Good point Ken. I was more just hoping to see if there might be any potential issues before we approach the hospice company's legal department. They will be the ultimate voice on this project.

The hospice company is in Washington state.

[Brian Kent]

I have no legal training. There might be a fine distinction between family members relating their experiences and the naming of the patient and his or her illness - like disclosing medical records without the deceased person's permission.

[Steve DiMasi]

Excellent points Brian. Those are the kind of issues I'm looking for so we can have answers for everything before we ask the legal department.

[Scott Donley]

I as one who has gone through this twice in the past six years, I would strongly object to an outsider asking anything other then would I recommend it for those in need. There is enough grief without all the extra questions . Legal ? Who cares .

[charlie knighton]

i do not think this is a subject for questions or film. the hospice personal are doing a tremendous job and and filling a great need. the primary care givers are scarred for the rest of their lives.

[Steve DiMasi]

Scott, the nurse is incredibly compassionate and over the years has become very close friends with many of the families. Those families would not consider us as outsiders - if we weren't sure about a family, we would not ask them. Some of them have expressed a desire to discuss the experience which is what made us think that it could be helpful to others.

The very fact that people generally don't talk about this leaves many people feeling tremendously lost and alone. Hearing how others cope and how they have begun to heal could be quite therapeutic.

[Bill Cunningham]

Scott, the nurse is incredibly compassionate and over the years has become very close friends with many of the families. Those families would not consider us as outsiders - if we weren't sure about a family, we would not ask them. Some of them have expressed a desire to discuss the experience which is what made us think that it could be helpful to others.

The very fact that people generally don't talk about this leaves many people feeling tremendously lost and alone. Hearing how others cope and how they have begun to heal could be quite therapeutic.

I agree with you 100%.. Some people just want answers, some people are afraid of the questions. My Daughter is a nurse in a palliative care ward, and the people she is dealing with on a daily basis know their dying, and have accepted it. Many of them want to talk about it, but are afraid of the effect it has on some of their their loved ones. So, they keep it in and remain silent about what they 'really' want to talk about. I think you will be surprised at the response you will get from people just wanting to talk to 'someone' who is willing to listen. Many of them find it frustrating trying to talk to some family members who just don't want to talk about it and refuse to accept the reality. Someone to listen, is all many of them really want! I can't think of a better way to get the message across. Death is as much a part of life as birth, and for all of us, it's 'one down, and one to go' ..