How can you ensure patient consent forms are properly translated for non-English speaking patients?
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Patient consent forms are essential documents that inform patients about the risks, benefits, and alternatives of a medical procedure or treatment. They also protect physicians from legal liability and ensure ethical practice. However, when patients do not speak or understand English well, they may not be able to give informed consent. This can lead to misunderstandings, mistrust, and potential harm. How can you ensure patient consent forms are properly translated for non-English speaking patients? Here are some tips to follow.
Different states and countries have different laws and regulations regarding the translation of patient consent forms. Some may require certified translators, others may allow bilingual staff or interpreters, and some may have specific language or cultural requirements. You should familiarize yourself with the legal standards and best practices in your area and follow them accordingly. You should also document the translation process and keep records of the consent forms and the translators or interpreters involved.
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Val Kraus, MBA, FACHE
Healthcare Management & Operations Executive – Expertise in Leading All Aspects of Healthcare Operations
Bottom line is for decisions that are critical to get a patient’s legal consent, it really shouldn’t matter what the Law is, a certified translator should be used for any non-English language that makes up more than 2% of the primary, secondary, and tertiary markets, and certified/qualified interpreters (note NEVER family or friends) to explain the consent for all others. If the law is more strict, then follow that. I’ve just seen too many places where the laws are laxed.
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Robin Glendenning
Translator, Copywriter & Independent Journalist @ EchtEngels.nl +31 (0)6 11 32 33 59
First and foremost, be wary of translation agencies who promise you the world. In my experience, they don't pay their translators half of what you pay them and they pitch translators against each other for the best price. That means many good translators either stop b/c they can earn more doing other work, or they avoid agencies and work freelance direct with clients. So, try to find a translator specialised in medical material and be prepared to pay handsomely; the people you're looking for are generally highly educated and deserve the credit. Personally, I specialise in marketing copy. When medical or legal stuff comes along, I don't dare touch it and give the work to colleagues I know who can do the job properly. Hope this helps.
Not everyone who speaks another language can translate a patient consent form accurately and effectively. You should use qualified translators who have medical knowledge, cultural competence, and ethical standards. They should be able to convey the meaning and tone of the original consent form without adding or omitting any information. They should also be able to use clear and simple language that the patient can understand. You should avoid using online tools, family members, or friends as translators, as they may not be reliable or confidential.
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Giovanna Lester
Interpreter || Translator Brazilian Portuguese x English - helping businesses, individuals, lawyers, and LSPs communicate.
Right on target. There are also limits on how accurately and for how long the medical interpreter can do sight translation. Hospitals should have their forms translated in the languages of their patients. Interpreters are, actually, instructed NOT to sight translate those forms. The key word here is liability: it is being shifted from the clinical staff to the interpreter without warning or awareness.
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Rawlings Oke Godwin
Medical Practitioner at Dr Hassan's Hospital And Diagnostic Centre
To ensure that patient consent forms are accurately translated for non-English speaking patients, it is crucial to engage a qualified professional translator proficient in both languages. Verifying the translator's credentials, including their experience with medical terminology, is essential. Collaborating with translation services or agencies that specialize in healthcare can also help maintain accuracy and adherence to industry standards. Additionally, conducting a thorough review and seeking feedback from bilingual healthcare professionals can ensure the clarity and effectiveness of the translated consent forms.
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Val Kraus, MBA, FACHE
Healthcare Management & Operations Executive – Expertise in Leading All Aspects of Healthcare Operations
The key is to use interpreters who know the medical terminology. It does no good for patients if we approximate what medical staff are saying. In addition, it must never be a friend of family member. I had an experience once where a family member, who was an expert interpreter, was the interpreter for his father who was dying. He did a great job interpreting both sides of the conversation until it got to the point of getting the father’s wishes around being vented. The son said his father wanted to be vented again if needed when the father said he was ready to die and didn’t want the vent again.
Before you use a translated patient consent form, you should review it for accuracy, clarity, and completeness. You should compare it with the original consent form and check for any errors, inconsistencies, or ambiguities. You should also ask for feedback from bilingual staff, interpreters, or patients who speak the same language as the target audience. You should make sure the translation is culturally appropriate and respectful, and that it does not contain any offensive or misleading terms.
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Val Kraus, MBA, FACHE
Healthcare Management & Operations Executive – Expertise in Leading All Aspects of Healthcare Operations
This is much harder unless there are staff on site who can review the translations. Regardless it can be good to run it past a few bilingual patients to make sure the translations are good for the area. Regionalisms can be a big issue that can be easily solved by a quick reading by locals for feedback.
A translated patient consent form is not enough to ensure informed consent. You should also provide a verbal explanation of the consent form in the patient's preferred language. You should use a qualified interpreter who can facilitate the communication between you and the patient. You should explain the purpose, procedure, risks, benefits, and alternatives of the treatment or intervention, and answer any questions the patient may have. You should also verify the patient's understanding and willingness to consent by asking them to repeat or summarize the information.
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Val Kraus, MBA, FACHE
Healthcare Management & Operations Executive – Expertise in Leading All Aspects of Healthcare Operations
In the USA this is mandatory, in other parts of the world, if not required this should be done. It is, again, critical that this be done with a qualified interpreter who’s is not a friend or family member.
After you have provided a verbal explanation, you should obtain written consent from the patient. You should give them a copy of the translated consent form and ask them to read it carefully. You should also give them enough time to consider their decision and consult with their family or friends if they wish. You should ask them to sign and date the consent form if they agree to proceed with the treatment or intervention. You should also sign and date the consent form and keep a copy in the patient's record.
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Zack Jones
Program Coordinator
Establish a Feedback Mechanism: Encourage patients to report concerns or misunderstandings for ongoing improvement. Train Staff: Educate healthcare personnel on interacting with non-English speaking patients and the consent process. Use Technology with Human Review: Utilize translation software but always have a human review. Regular Updates: Keep forms up to date with changes in regulations, procedures, or language. Document Everything: Maintain detailed records of the translation process. Proper translation of consent forms is both a legal requirement and an ethical duty to ensure equitable healthcare for all patients, regardless of language or culture. Dedicate the necessary time, resources, and expertise to achieve accuracy.
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Giovanna Lester
Interpreter || Translator Brazilian Portuguese x English - helping businesses, individuals, lawyers, and LSPs communicate.
Patients are also asked to sign consent forms related to the exchange of medical data, payment liability, transfer of insurance payment to physician, permission to be given medical attention, and the many pages in a foreign language are intimidating. Staff, usually, asks the interpreter to do THEIR job, shifting liability of any misunderstandings to the interpreter. All consent forms should be bilingual (English + foreign language), and staff should work with the interpreter and the patient to ensure the content is understood, as well as clarify any doubts or worries the patient may have.
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Val Kraus, MBA, FACHE
Healthcare Management & Operations Executive – Expertise in Leading All Aspects of Healthcare Operations
I have seen little children asked to interpret for their parents in very uncomfortable situations such as for infidelity related illnesses, debilitating diseases, and end of life. I’ve seen sons being asked to interpret for their mother’s annual exam and daughters for a urology appointment for their father. These put the interpretation at risk. This gets even more of a risk when a child doesn’t even know the word being stated. I remember countless times coming to interpret for a patient and the child was overjoyed they could step out. I have also seen cleaning staff or others in the unit pulled in. The problem here is that I have overheard very dangerous interpretations that were no where close to what the doctor actually said.
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Zack Jones
Program Coordinator
Review and Edit: Have a review process involving medical professionals or bilingual staff for linguistic and medical accuracy. Test with Sample Patients: Pilot test the forms with a small group of non-English speaking patients to catch potential issues. Legal Review: Consult legal experts to ensure compliance with healthcare regulations. Provide Explanations: Include explanations alongside translated forms for better patient comprehension. Consider Cultural Sensitivity: Account for cultural differences in translation, respecting norms and beliefs. Maintain Version Control: Keep clear records of all translations to avoid errors.
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Zack Jones
Program Coordinator
Properly translating patient consent forms for non-English speaking patients is essential for ethical and legal healthcare standards. To ensure accuracy, follow these steps: Hire Professional Translators: Choose experienced translators fluent in both English and the target language, with medical expertise. Opt for Certified Translators: Prefer certified medical translators for precision in healthcare terminology. Ensure Contextual Understanding: Translators should grasp medical context and cultural nuances to prevent misinterpretations.