Force feeding, unnecessary x-rays, misusing health information, and discharging unstable patients are classic dual-loyalty dilemmas reminiscent of the Holocaust.
AMA J Ethics. 2021;23(1):E38-45. doi:
10.1001/amajethics.2021.38.
Volk v DeMeerleer may conflict with professional guidelines regarding physicians’ obligations to breach patient confidentiality to protect third parties.
AMA J Ethics. 2018;20(1):10-18. doi:
10.1001/journalofethics.2018.20.1.peer2-1801.
U.S. courts have ruled that device manufacturer representatives’ presence in the operating room does not make them responsible for the supervision of physicians or liable for the practice of unauthorized medicine.
As courts continue to define the balance between a First Amendment right of free speech, the public's right to know, and protection of the private, physicians must take care to protect patient privacy in any publishing endeavor.
Laura Lin, MBA, JD and Bryan A. Liang, MD, PhD, JD
Physicians are obligated to follow the law regarding HIV reporting and contact notification in the state where they practice while also being sensitive to the impact that disclosure has on individual patients.