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  1. Conflicts of Interest, Institutional Corruption, and Pharma: An Agenda for Reform.Marc A. Rodwin - 2012 - Journal of Law, Medicine and Ethics 40 (3):511-522.
    Why do physicians have financial conflicts of interest? They arise because society expects physicians to act in their patients’ interest, while simultaneously, financial incentives encourage physicians to practice medicine in ways that promote their own interests or those of third parties. Because physicians’ clinical choices, referrals, and prescriptions affect the fortune of third parties, these third parties may offer physicians financial incentives to make income-driven clinical choices. In the past, physicians and scholars typically conceived of conflicts of interest as an (...)
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  • Drug Firms, the Codification of Diagnostic Categories, and Bias in Clinical Guidelines.Lisa Cosgrove & Emily E. Wheeler - 2013 - Journal of Law, Medicine and Ethics 41 (3):644-653.
    The profession of medicine is predicated upon an ethical mandate: first do no harm. However, critics charge that the medical profession’s culture and its public health mission are being undermined by the pharmaceutical industry’s wide-ranging influence. In this article, we analyze how drug firms influence psychiatric taxonomy and treatment guidelines such that these resources may serve commercial rather than public health interests. Moving beyond a conflict-ofinterest model, we use the conceptual and normative framework of institutional corruption to examine how organized (...)
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  • Rooting Out Institutional Corruption to Manage Inappropriate Off-Label Drug Use.Marc A. Rodwin - 2013 - Journal of Law, Medicine and Ethics 41 (3):654-664.
    The Food and Drug Administration authorizes the marketing of a drug only for uses that the manufacturer has demonstrated to be safe and effective, based on evidence from at least two clinical trials. However, the FDA does not regulate the practice of medicine, so physicians may prescribe drugs in any manner they choose. Prescribing drugs in ways that deviate from the uses specified in the FDA-approved drug label, package insert, and marketing authorization is referred to as off-label prescribing. This occurs (...)
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  • Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France, and Japan.Marc A. Rodwin - 2011 - Journal of Law, Medicine and Ethics 39 (4):662-670.
    Post-industrial societies confront common problems in pharmaceutical industry-physician relations. In order to promote sales, drug firms create financial relationships that influence physicians' prescriptions and sometimes even reward physicians for prescribing drugs. Three main types exist: kickbacks, gifts, and financial support for professional activities. The prevalence of these practices has evolved over time in response to changes in professional codes, law, and markets. There are certainly differences among these types of ties, but all of them can compromise physicians' independent judgment and (...)
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  • Conflicts of Interest, Institutional Corruption, and Pharma: An Agenda for Reform.Marc A. Rodwin - 2012 - Journal of Law, Medicine and Ethics 40 (3):511-522.
    Why do physicians have financial conflicts of interest? They arise because society expects physicians to act in their patients’ interest, while simultaneously, financial incentives encourage physicians to practice medicine in ways that promote their own interests or those of third parties. Because physicians’ clinical choices, referrals, and prescriptions affect the fortune of third parties (providers, medical facilities, insurers, drug firms and suppliers of ancillary services), these third parties may offer physicians financial incentives to make income-driven clinical choices. In the past, (...)
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  • Rooting Out Institutional Corruption to Manage Inappropriate Off‐Label Drug Use.Marc A. Rodwin - 2013 - Journal of Law, Medicine and Ethics 41 (3):654-664.
    Prescribing drugs for uses that the FDA has not approved — off-label drug use — can sometimes be justified but is typically not supported by substantial evidence of effectiveness. At the root of inappropriate off-label drug use lie perverse incentives for pharmaceutical firms and flawed oversight of prescribing physicians. Typical reform proposals such as increased sanctions for manufacturers might reduce the incidence of unjustified off-label use, but they do not remove the source of the problem. Public policy should address the (...)
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  • Drug Firms, the Codification of Diagnostic Categories, and Bias in Clinical Guidelines.Lisa Cosgrove & Emily E. Wheeler - 2013 - Journal of Law, Medicine and Ethics 41 (3):644-653.
    The possibility that industry is exerting an undue influence on the culture of medicine has profound implications for the profession's public health mission. Policy analysts, investigative journalists, researchers, and clinicians have questioned whether academic-industry relationships have had a corrupting effect on evidence-based medicine. Psychiatry has been at the heart of this epistemic and ethical crisis in medicine. This article examines how commercial entities, such as pharmaceutical companies, influence psychiatric taxonomy and treatment guidelines. Using the conceptual framework of institutional corruption, we (...)
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  • Key Opinion Leaders and the Corruption of Medical Knowledge: What the Sunshine Act Will and Won’t Cast Light on.Sergio Sismondo - 2013 - Journal of Law, Medicine and Ethics 41 (3):635-643.
    The pharmaceutical industry, in its marketing efforts, often turns to “key opinion leaders” or “KOLs” to disseminate scientific information. Drawing on the author's fieldwork, this article documents and examines the use of KOLs in pharmaceutical companies’ marketing efforts. Partly due to the use of KOLs, a small number of companies with well-defined and narrow interests have inordinate influence over how medical knowledge is produced, circulated, and consumed. The issue here, as in many other cases of institutional corruption, is that a (...)
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  • Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France, and Japan.Marc A. Rodwin - 2011 - Journal of Law, Medicine and Ethics 39 (4):662-670.
    This article compares the means that the United States, France, and Japan use to oversee pharmaceutical industry-physician financial relationships. These countries rely on professional and/or industry ethical codes, anti-kickback laws, and fair trade practice laws. They restrict kickbacks the most strictly, allow wide latitude on gifts, and generally permit drug firms to fund professional activities and associations. Consequently, to avoid legal liability, drug firms often replace kickbacks with gifts and grants. The paper concludes by proposing reforms that address problems that (...)
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