It is quite possible to have a strong personal moral compass, yet still be unaware of many instances in our complicated world and market system where we could unknowingly break legal and/or ethical rules in certain circles. It takes practice (and usually education and/or mentoring) to apply one's moral compass well across a variety of settings.
Because I am still ignorant of many consulting situations, I do not declare to be "expert" because I hope that others will also chime in with their knowledge or experience. I realize I am about to change the subject from "publishing" to "meals during consultations" -- to make a point about how easy it is to "not be an expert in ethics" in areas that may affect us personally.
Here is an example where a personal moral compass might be insufficient, without knowledge of both the law and cultural etiquette norms:
If I (being an employee with a healthcare company) host two experts on-site to consult for a day, it might seem fair and courteous to buy a modest lunch for the 3 of us during that workday. However, if one of the two consultants is a government employee and the other is not, I can legally buy lunch only for the non-government employee. Therefore, to obey the law I cannot buy lunch for everyone. The remaining options are to tactfully offer the food to non-government employees (however that can best be accomplished, and allow the government employee to select/buy his own food), or "be fair" by clarifying up front that everyone will be on their own for lunch.
I would not have even known these legal/ethical rules without special on-the-job training. Where else are such things discussed and taught? Yes, I am a firm believer in conscience and personal responsibility. Ongoing education and discussion in this area can strengthen personal resolve and appropriate actions.
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Mark Martin
Siemens Healthcare Diagnostics
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Original Message:
Sent: 02-01-2012 20:10
From: Michael Chernick
Subject: a consult that was not ideal
i don't know why people are saying that they are not experts in ethics. To me anyone with a moral compass has a sense of what is ethical even though we might not be able to give a clear discriminating definition. I think in discussing issues with publications we should differentiate between unethical behavior and illegal behavior. Laws can be enforced ethics cannot. Organizations can make rules to encourage ethical behavior but compelling people to be ethical and detecting unethical behavior can be very difficult. To use a ghostwriter to deceive a regulator authority that the work was done by a neutral party and on the other hand an author concealing his authorship because he is serving two competing masters are unethical. I think most of us probably agree on that. In the case of the author who wants to refuse authorship, no one should compell him to become an author. That should be his choice and we cannot be sure whether his motives are ethical or not. Also do we have the right to tell an author that he can't hire writers to add clarity to the submission? Again there is a possible unethical ulterior motive but a perfectly reasonable and ethical motive is also possible. We can set rules of ethics and hope people will follow them. But dictating to them is problematic. For a journal I think the important thing is that the referees have enough information to detect fraud, and distinguish objectivity from bias. If the information is lacking they have the authority to reject the paper.
Of course the reader should know who is writing the paper to help them judge what is written. But what is ideal is not always an enforcible outcome.
I want to apologize for a post that wound up 4 or 5 times in your mailbox. I tried submitting it and the submission timed out. So it didn't go through and I tried a few more times until I got the check that indicated the message was received. I did not know that the other submissions would enter a queue that could eventually get them submitted. But apparently that happened.
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Michael Chernick
Director of Biostatistical Services
Lankenau Institute for Medical Research
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Original Message:
Sent: 02-01-2012 13:23
From: Mark Martin
Subject: a consult that was not ideal
I am not an expert in ethical guidelines for publication, either. However, the ethics (or lack thereof) of "ghost writing" is a recent topic of conversation in healthcare. There are times when a medical device or pharma manufacturer/marketer might prefer NOT to have their contributing employees listed as authors, feeling that the appearance of 3rd-party "objectivity" (by omitting names/affiliation of some potential authors) will strengthen the product's position. This conflicts with Tom's clearly stated phrase "the research enterprise should be conducted in a manner in which everyone knows who is saying what."
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Mark Martin
Siemens Healthcare Diagnostics
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Original Message:
Sent: 01-31-2012 11:30
From: Thomas Sexton
Subject: a consult that was not ideal
I'm not an expert in ethical guidelines for publication but I do know that the research enterprise should be conducted in a manner in which everyone knows who is saying what. I know that a co-author may remove their name from a paper if they cannot agree with other co-authors about what to say or how to say it. But that is very different from trying to mask your involvement in a piece of work when that involvement constitutes co-authorship.
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Thomas Sexton
Professor and Associate Dean
Stony Brook University
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Original Message:
Sent: 01-31-2012 11:06
From: Daniel Jeske
Subject: a consult that was not ideal
Tom,
I haven't heard about that type of obligation. Where is that
written?
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Daniel Jeske
Professor and Chair
University of California
Department of Statistics
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Original Message:
Sent: 01-31-2012 10:56
From: Thomas Sexton
Subject: a consult that was not ideal
Let's not forget that we have an ethical obligation to be listed as a co-author if we made a significant contribution to the manuscript. Leaving your name off such a publication is akin to putting your name on one to which you contributed too little to qualify. Economic considerations should not take precedence over ethical obligations to our profession and to scientific inquiry.
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Thomas Sexton
Professor and Associate Dean
Stony Brook University
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Original Message:
Sent: 01-31-2012 10:41
From: Edith Zang
Subject: a consult that was not ideal
They cannot make you a co-author against your will. All reputable journals require you to sign off on becoming a co-author. You may explain to your colleagues that if there are any statistical questions from the reviewers you will be willing to help them answer those questions. Also, it may be OK for you to be included in the Acknowledgements.
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Edith Zang
Independent Consultant
NYCASA
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Original Message:
Sent: 01-31-2012 10:34
From: Rocco Brunelle
Subject: a consult that was not ideal
These are all good points. Most of my clients get me involved early in a project and we have a short project plan that outlines my involvement (i.e. study design, protocol, sample size, SAP, analyses, etc.) the timeline and the projected cost. Along the way we put together a protocol and an SAP that are both reviewed and approved by the client. I like these types of projects. They are typically well defined and you know what you need to do. However, even in these types of projects someone will decide to do a poster or paper at the last minute and ask for some not well defined analyses. It's nice to have things well defined and this is very important in a clinial trial but for adhoc analyses or abstracts or papers this does not always happen. I don't mind helping my clients even when the requests are not always well defined. I'm happy they searched me out and asked me to help. I feel it is sort of like being on a team and providing your expertise to the team.
Now this brings up another point - authorship. At the current stage of my carreer I'm not concerned about being an author. Actually I try to not let my clients know who my other clients are, but once in a while a client will want me to be a coauthor and right away all of my other clients find out. I've worked for clients that are developing similar drugs/devices and it makes things awkward. I sometimes try to politely ask not to be a co-author but my clients sometimes insist.
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Rocco Brunelle
Senior Statistician
Bowsher Brunelle Smith LLC
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