Explanation of the Medicare and Medicaid Antikickback statute and Stark Law and their restrictions on physicians' financial interests in ancillary services.
Medical malpractice pits the legal system's ethics of client advocacy against the medical profession's ethics of patient advocacy. Fear of liability may lead to defensive medicine, an aberration of both professions' intent.
Patients need to be aware that they are fully responsible for disclosing a complete medical history, and physicians may not be liable for damages if they do not comply.
Douglas E. Paull, MD, MS and Paul N. Uhlig, MD, MPA
Risk managers can help patient-subjects and clinician-researchers make informed novel device implantation decisions in the absence of preclinical trial data.
AMA J Ethics. 2020;22(11):E911-918. doi:
10.1001/amajethics.2020.911.
Dr Brady J. Heward joins Ethics Talk to discuss his article, coauthored with Drs Amy M. Yule and Peter R. Jackson: “How Should Harm Reduction Strategies Differ for Adolescents and Adults?”