We received an article at our editorial office in April 2008. One of the referees discovered that a similar article had been published in a surgical journal in 2000. In that article, the authors presented data on the haemodynamics and intestinal blood flow in pigs.
In the article submitted to us, they presented the same results, but only the first three time points (which had been included in the first article). The data were exactly the same but the graphical presentation was different. The language was different; not copied from the first. The article submitted to our journal included three new authors (not on the original paper).
The authors admitted to having done all this, but were very offended by our response. I told them I would consult COPE to obtain an objective statement.
Advice:
The Forum chair noted that COPE could not provide an objective statement for the editor without reviewing both papers, but the purpose of the Forum is to discuss the summary of the case and give the editor advice.
The editor believed that this was a case of duplicate publication and he wrote to the dean of the faculty where the authors were working informing the dean about his concerns and requesting an investigation into the matter. The article was rejected.
The Dean responded that he took this information very seriously and would follow-up. As far as our journal is concerned, the article was rejected and the investigation was left to the Dean to follow-up. The editor received a letter from one of the authors of the original publication in 2000. This author was furious with her colleagues. She obviously did not know that some of the original authors had attempted this double publication. From the journal’s point of view, the case is now closed. The editor feels confident that the offenders will get a strong reaction from their university.
一篇论文提交给我们描述》杂志上study in which children received general anaesthesia for a minor operation. The authors chose to induce anaesthesia with a mask and 8% sevoflurane inhalation for 8 minutes. The aim was to study the EEG over various brain areas to see where the epileptogenic activity is located. The reason for doing the study was that it has been shown that sevoflurane can cause epileptogenic activity on the EEG. Clinical convulsions have also been seen but much less often. Hence the authors deliberately gave a high concentration for 8 minutes because they wanted to provoke this epileptogenic activity to study it more closely. I asked them what information they had given to the parents (according to the manuscript, informed consent had been given). They replied that they had not given them the information that this could happen and why the investigation was performed. I also doubt that the ethics committee knew the true reason for doing the study.
This case resembles many I have seen over the years. The study was approved by the authors’ university ethics committee. My question is whether we, as journal editors, always must follow that judgement or whether we have an independent obligation to make our own judgement about whether a study is ethical.
Advice:
The Forum were unanimous in their view that this appears to be unethical behaviour on the part of the authors. The editor should ask to see copies of the information given to parents and the consent forms as it was felt that this information was probably inadequate. Further advice was to write to the authors’ institutions and inform them of the authors’ actions, and also to contact the ethics committee. It was suggested that, if receipt of the documents confirms lack of transparency or failure to obtain informed consent, the editor may wish to report the authors to the GMC or other equivalent regulatory authority.
The editor has written to the authors of the article and awaits their answer. The editor is considering perhaps consulting some international experts on this topic for their advice.
Update (February 2009)
This was an investigation which was accepted by the local ethics committee, and a professor of anaesthesiology was among the committee members. So the committee must have known what they were doing. However, the editor is absolutely confident that the patients/parents were not given the all of the information about the objective of the investigation.
The editor contacted a few eminent international people within this field asking privately for their opinion but none answered. For the editor, it was a difficult decision ethically as well as diplomatically. The article was accepted but the editor did inform the authors that this article would be used for future discussion around research and publishing ethics. In fact the editor has already included this story in a lecture which he gave in
New Yorkand
Pittsburghabout publication ethics. The article was published in the February 2009 issue of the journal. The editor is not very proud of his decision but felt he had to choose diplomacy over confrontation.
A study was submitted that reported the prevalence of an intestinal infection in a tribal community. The authors did not obtain informed individual consent for stool collection from the study participants; instead they obtained consent from the leaders of each village. The study protocol was approved by the national IRB, but the protocol made no specific mention of stool collection—it referred to a study of a respiratory infection and “interdisciplinary research”, so we are unclear if the IRB knew that such collection would take place. The authors had obtained a permit for research from the country’s “national foundation”.
The handling editors, who work in the country in which this study took place, and who are very familiar with the national laws on conducting health research in tribal communities, state that:
(1) The law makes it clear that while obtaining prior consent from community leaders is very good practice, it should not dispense with efforts to obtain individual consent.
(2) Every individual must give consent; illiterate individuals should give a digital print.
We wrote to the authors to ask why they did not obtain individual consent, and whether the national IRB had approved the stool collection. We asked to see the protocol approved by the IRB.
They explained that they had published nine papers arising from this work, no journal had ever questioned them on ethical oversight (or asked to see the study protocol) and they are the only doctors to have ever offered this tribe any medical treatment. They withdrew their paper in protest.
There was obviously some ethics oversight here—ie, (1) there was national IRB approval of a related study (and perhaps the use of the word “interdisciplinary” gave the researchers license to include stool collection); (2) the village leaders gave consent; (3) the authors had some type of research permit allowing entry to tribal communities. But the editors remain concerned that: (i) national law clearly states that community leaders’ consent should not replace individual consent; (ii) it is not clear whether the IRB specifically approved the stool collection; and (iii) providing a medical service to this community arguably made it even more crucial to obtain individual consent (since provision of care might be coercive in this situation, especially if it was conditional on agreeing to be in the study). On receiving the letter from the authors withdrawing the paper, we wrote to them to share these concerns, but the authors never replied.
Does COPE feel that the editors have any further obligations?
Given the lack of consensus of the COPE Forum regarding whether or not we should pursue this case further, the editors handling the paper did not in the end contact the IRB. They have already explained to the authors their concerns about the consent process, and feel that this was probably sufficient. They consider the case now closed.
We have recently been alerted to the fact that an article which has been reviewed as part of our service has been retracted. This is the first time this has happened and we are currently developing a guideline on how to deal with reviews of retracted articles.
We have alerted the section editors where the review was published, and we have also informed the reviewer of the article to give her/him the opportunity to comment.
Would you agree with our proposed course of action?
Advice:
论坛同意拟议的行动n. What is important here is that the case is flagged up as a retraction and so the reader is alerted to the situation. One suggestion was to ask the reviewer to write another, revised review. The section editors could also add a comment, so identifying the retraction.
Follow up:
The advised policies which members of the Forum suggested have not yet been implemented due to a massive ongoing redesign project for our website which has put many things on hold. It is unlikely this will be resolved until the new year; however, we have taken the Forum’s comments on board and intend, when the time comes, to implement the suggestions in the most thorough and transparent way possible.
We publish “mini-reviews” of published articles. Our faculty of eminent researchers and clinicians write these evaluations. One of the conditions we insist on from our faculty is that they may not evaluate work on which they are an author. We received a review of a paper, the authorship of which was listed as:
Name A, Name B, Name C; study group X
As the reviewer was a member of “study group X”, we rejected the submission. The reviewer wrote back claiming that:
We published the review with the declaration above listed as a “competing interest”. We then informed the journal in question.
Did we act correctly?
Advice:
The Forum thought that this was a grey area. Even though the reviewer is not directly involved in the study, is he sufficiently removed? The case also highlights the fact that the definition of an author can be vague and different journals have different criteria. Some suggested that the journal should consider disqualifying a reviewer with any involvement in a study from publishing reviews concerning that study. This would give the reader more confidence in the system. All agreed that the best course of action is to have a policy on this issue for future such incidences.
Follow up:
The advised policies which members of the Forum suggested have not yet been implemented due to a massive ongoing redesign project for our website which has put many things on hold. It is unlikely this will be resolved until the new year; however, we have taken the Forum’s comments on board and intend, when the time comes, to implement the suggestions in the most thorough and transparent way possible.
A person named in the acknowledgements of a paper wrote to the editor indicating that they had been in part responsible for the analysis and interpretation of the data and should therefore be named as an author.
I have had extensive correspondence (copies of emails, etc.) from both parties and spoken to both on the telephone. Clearly, earlier there had been an exchange of data between the two parties and some work from the complainant on possible findings to report from the study. This included at least in part one iteration of what was eventually reported in the published paper. At one point in this correspondence, the first author offered the (later) complainant authorship. However, at some later point in time and before the manuscript was submitted to the journal, the first author insisted that they had not in fact used any analysis or interpretation from the complainant but that they were willing to offer “authorship” even though this was the case—this was declined by the complainant as they did not consider their contribution in this case warranted inclusion as an author although the complainant did not, to my knowledge, at this point see the most recent version of the manuscript that went on to be submitted to the journal.
从我读的信件好像那t the primary author may have used the ideas of the “complainant” to some extent in that the focus of the published paper does take one of the lines of interpretation that the complainant had suggested (a line of interpretation that was not given prominence in the very first outline manuscript from the author that was originally shared with the complainant and that I have seen). The analysis presented in the published paper was slightly but not substantially different from one of a number that the complainant had earlier performed. The author insists that neither of these points is correct and that the complainant had no role in the formation of the paper but rather had suggested a different focus for the analysis/paper that they did not go on to take up.
I have not been able to broker an agreement between the two parties and I am not able to square their two separate accounts of what has happened over time, including claims that some emails pasted into Word documents and forwarded to me had been altered. As such, this leaves me unable to confidently either reject or accept the complaint.
The journal feels unhappy with the situation. Given that both accounts as currently being presented cannot be true and that this makes arbitrating between the two accounts very difficult, we are considering retracting the paper if this dispute cannot be resolved. We envisage publishing some note regarding a dispute between the authors and a complainant that could not be resolved by the editors. We would welcome the Forum’s experience of retraction in such circumstances.
Advice:
The Forum agreed that this is essentially an author dispute and the editor cannot be expected to adjudicate in this matter. It is not the role of editors to resolve authorship disputes. All agreed that the paper should not be retracted. Some suggested that the editor could publish a notice of disputed authorship. The advice was to write to the complainant explaining that this is a matter between him and the author, and that the complainant should take the matter up with the author’s institution if he so wishes. Others advised that, in future, it might be useful for editors to confirm that persons named in the acknowledgements sections are aware of the fact and agree to inclusion.
Follow up:
周素卿原告承认通过电子邮件rnal was not going to take any action regarding his complaint. The complainant asked whether they could write a “commentary” on the paper but was informed that it is not current journal policy to routinely accept commentaries. It was also felt that a commentary would not be of sufficient interest to journal readership to warrant publication. The request was declined. From the journal’s point of view the matter is now closed.
A preschool boy had a biopsy to confirm a condition from which he subsequently made a complete recovery. Later, he and his younger brother were reported by their female carer to have developed a possible recurrence and this looked likely on near-patient testing. At each review their carer urged us to undertake further biopsies on them both, but we did not feel that this was necessary.
他们的照顾者还报告说,他们正在接受另外三种不同条件的治疗,并且患有第四个不愉快的症状。
During a hospital admission the near-patient test we were performing repeatedly was always abnormal when his carer was on the ward, and normal when she was not. Further testing of the samples in question showed contamination with female genetic material. The carer admitted to deliberately contaminating the samples to achieve a positive test.
While this condition is well described, it has not been identified by karyotyping in this way before. This probably accounted for us being slow to diagnose it. There are extremely important reasons for diagnosing fabricated illnesses.
Unsurprisingly, the carer was not prepared to give consent for publication. Despite anonymising the case, editors of medical journals are unprepared to publish it without her consent. As a result of this decision, this new diagnostic information will not be disseminated to other paediatricians, which may contribute to other children being unnecessarily exposed to undiagnosed abuse. There will be many other similar examples.
Advice:
论坛同意,在这样的情况下,很多editors of medical journals in the UK are unlikely to publish the study without consent. Appealing to editors to publish the case report in its current form on the grounds that it is in the public interest is not likely to be successful as it might prove difficult to balance the benefit to society against the rights of the family. Three suggestions were put forward. (1) The paper could be submitted to a journal outside of the UK. (2) The editor could publish an anonymous annotation on the subject and hence this new diagnostic information would be disseminated to other paediatricians. (3) The laboratory test used, without any patient details, could be reported—perhaps as a letter—again allowing dissemination of the information without revealing the specific case.
Follow up:
A UK journal has now agreed to publish a letter from us that outlines the medical issues involved in this case and discusses the potential problems in future publications because of the legal position relating to case reports.
The authors carried out a randomised single blind controlled trial on the effects of a pain relieving intervention in pregnant women for pelvic girdle pain. Participants were recruited between 2000 and 2002 and the results were published in 2005. The trial had not been registered at the time.
The authors now want to publish the adverse effects of the same intervention during pregnancy and delivery. The data in the new manuscript were gathered from 2000 to 2002 and is from the same study population. On submission of the manuscript we enquired about a trial registration number and the authors indicated that the trial had not been registered. Their interpretation of the International Committee of Medical Journals Editors (ICMJE) statement is that this trial does not need a number because enrolment was completed before 2005.
Given that the authors wish to publish data from the original trial after 2005, should we insist on a trial registration number?
ICMJE的也t states the following for trials that began before 1 July 2005:
Investigators should register trials that began enrolling patients any time before July 1, 2005 as soon as possible if they wish to submit them to a journal that follows the ICMJE policy. While the ICMJE hoped that all such trials would be registered by September 13, 2005, the committee understands that the policy statement was not entirely clear. Thus, ICMJE journals will consider trials that began before July 1, 2005 that were not registered prior to September 13, 2005. However, beginning on September 13, 2005, ICMJE journals will consider such trials only if they were adequately registered before journal submission. The ICMJE journals will accept “retrospective registration” of trials that began before July 1, 2005 (retrospective meaning registration occurs after patient enrolment begins).
June 2008 我们并没有坚持此手稿的试用登记号码,但确实坚持提交人清楚地表明他们正在报告来自发表的随机对照试验的其他数据。我们确实问了他们为什么他们延迟发布这些数据这么长时间,但仍在等待对这个问题的回应。
August 2008 The authors clarified, in the manuscript, the link with their previous publication so we went ahead and published this the paper at the end of June.
We received a paper reporting on the outcomes of treatment of an individual with obsessive–compulsive disorder and body dysmorphic disorder, which seemed not to respond to standard treatment. Following ethical review and approval, and individual consent, the individual was treated with several distinct courses of an experimental therapy. The individual’s clinical and family history, and their outcomes in response to the experimental therapy, were detailed in the paper. The editors felt that sufficient details were included to potentially identify the patient, so as outlined in our editorial policies, we asked the authors to obtain signed consent to publication from the patient.
作者回答说,他们曾试图remove all identifiers from the paper (although the editors felt that very substantial and identifying details remained), and that revealing the patient’s identity to the editorial office would violate their clinical protocol, and the principle of patient anonymity. The editors discussed this and felt that it was still very important that the patient have read the paper and agreed to its publication; secondly however, we were concerned about the journal having access to (and our ability to keep confidential) the patients’ names. We also wondered whether under HIPAA law it would even be legal for the authors to give us the patient’s identity.
Therefore, the editors proposed that we would ask the author to have the patient (or patient’s parents) sign our consent-to-publication form, and then include in the paper a statement that they had done so, but that we stop asking authors to send us copies of these forms and simply rely on the authors’ word instead. Is this acceptable?
Advice:
The Forum agreed that this was a curious case and raised issues relating to HIPAA law. Some argued that there is no need for a journal to know the identity of the patients reported in case reports. The authors could be asked for a statement that they have followed the correct procedures and obtained consent from the patient. But there is no need for the journal to see the consent form and hence no need to reveal the identity of the patient. If a problem arises in the future, the journal would have a reasonable defence as the onus would be on the authors to have obtained consent. The editor could request a signed assertion from the authors that they have obtained consent. Although the journal’s own consent form can be used, the Forum noted that it would be very useful to have a generic consent form so that patients need only sign a form once in the event that the paper is rejected by one journal and submitted to another journal. The Forum agreed that the editor’s proposed course of action is acceptable.
Follow up:
The authors were asked to confirm in their paper that the patient had seen the manuscript and agreed to its publication in an open access journal, and also to require the patient to sign our consent form, which should then be filed in case notes, but not sent to the journal. The authors did so and the manuscript went out to peer review. It was later rejected on scientific grounds. The editors discussed changing journal policy in light of this case to require that authors document, for such papers, that patients have seen the submitted paper and agreed that it could be published, and to cease requiring that authors send copies of consent forms which had been signed by patients. It was agreed to change policy along these lines and the changes are currently being made to our instructions for authors.
We received a paper with potentially important results. After review and revision, we accepted the paper. On further reflection, and asking more of the authors, we became concerned. It is an RCT and the only protocol available was slim but appeared authentic. There were two protocols: one for a pilot trial and, if that was positive, a second protocol aimed to randomise more people. One residual concern was that there was an imbalance in the two randomised arms. The authors’ statistical advisor has explained that such an imbalance, although large, is not necessarily unexpected when using older versions of random number allocation programs.
We present this case to the COPE Forum for discussion as we had not identified a numerical imbalance that might be unacceptable. We also ask for advice: since the pilot trial showed a significant difference (p<0.001), might it be considered unethical to recruit many more participants before publishing? Furthermore, should the unpublished data from the pilot trial be included in the final analysis?
June 2008 We presented an accepted (but not published) paper where we had concerns about randomisation imbalance and about a pilot trial that had not been presented. COPE reassured us about imbalance and suggested we ask that the pilot trial data be included. We sent a list of our concerns to the authors. The authors’ responses were far from reassuring and they refused to include any information from the pilot trial. We have now rejected the paper and have instituted an investigation of our concerns about the conduct of the trial.
August 2008 We rejected this paper after the authors refused to include the pilot data in the main paper and refused to give us more information on their mode of randomisation or the way they collected side effects. We then received a letter from a libel lawyer. However, our lawyers rebutted the case. We also contacted a government body overseeing drug licensing and trial conduct in this country as the study was done at a private institute where the corresponding author is the clinical director and his wife is the administrative director. Initially someone from that institute agreed to investigate but then the head of the institute and several others were charged with corruption. We have now contacted a further different overseeing institution but have not yet had any reply.
Advice on follow up:
After discussion of this case in 2008, our worries about the paper grew. We could not get direct answers from the author. However, we did find that the data in one of their tables which showed subgroups could not be transformed back to match their table of baseline data, and that the randomisation ratio in the subgroups in that table was highly statistically unlikely to have been obtained by proper randomisation. The authors admit that their computer program had small errors, but the ratios in the table were far too high or far too low in some subgroups. Even though we had accepted the paper, we decided to reverse our decision and we rejected it.
After rejection, we asked different groups in the authors’ country to start an investigation; the author is at a private institution. One person did agree but all they did was look at the paper sent here. The short report sent back did not add anything to what we already knew.
The paper, as published in another journal, does not contain the subgroup table we saw. We are concerned because we know there is a mismatch between the table we saw and the baseline table, and also because of the apparent errors in the randomisation ratio in that table. We also have other questions about this study.
Do we have a duty to take this further? Should we contact the other journal’s editor?
Discussion and advice (June 2009) The Forum concluded that the editor had done everything in his power. He had previously set up an investigation and gone as far as he could. Some suggested that the editor should contact the other journal and say that he had concerns about the paper during the peer review process but others argued that in the absence of hard evidence there is little that the other editor can do. Most agreed that the editor had exhausted all avenues available to him.
Update (August 2009) The editor agreed with COPE’s conclusion that there was nothing more to be done. The editor considers the case now closed.