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  1. Evidence-based medicine and patient autonomy.Robyn Bluhm - 2009 - International Journal of Feminist Approaches to Bioethics 2 (2):134-151.
    Evidence-based medicine was developed to ensure that health-care decisions are based on the best available research evidence. Making this evidence available to patients is supposed to increase their autonomy by putting them in a position to make better-informed choices. In this paper, I draw on work in feminist bioethics to critique EBM’s approach to involving patients in decision making, in which patients are asked merely to select their preferences among various possible treatment outcomes but are not encouraged to actively contend (...)
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  • Medical Practice Guidelines as Malpractice Safe Harbors: Illusion or Deceit?Maxwell J. Mehlman - 2012 - Journal of Law, Medicine and Ethics 40 (2):286-300.
    The idea that physicians should accept recommendations from learned colleagues on how to practice medicine is probably as old as medicine itself, but beginning around 1990, it took on new urgency in the face of rising health care costs, widespread, unjustifiable variation in practice patterns, concerns about medical errors and quality of care, and what some perceived to be perverse effects of the malpractice system. One solution put forward was practice guidelines, which the Institute of Medicine defined as systematically developed (...)
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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, 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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  • 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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  • Medical Practice Guidelines as Malpractice Safe Harbors: Illusion or Deceit?Maxwell J. Mehlman - 2012 - Journal of Law, Medicine and Ethics 40 (2):286-300.
    American medicine has long sought to control the standard of care that physicians are expected to provide to their patients. One effort to insulate the standard of care from external interference, called a “safe harbors” approach, would enable physicians to avoid liability for malpractice if they adhered to medical practice guidelines. The idea is to eliminate the “battle of experts” and reduce defensive medicine by requiring judges and juries to accept guidelines as conclusive evidence of the standard of care. Yet (...)
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  • Medical choices, medical chances: how patients, families, and physicians can cope with uncertainty.Harold Bursztajn (ed.) - 1981 - New York: Routledge.
    Considered ahead of its time since the first publication in 1981, Medical Choices, Medical Chances provides a telescope for viewing how developments in the fields of medical research, medical technology, and health care organization are likely to influence the doctor-patient relationship in the 21st Century. The book explores this intricate web of relationships among doctors, patients, and families and offers a new framework for mastering the emotional and intellectual challenges of uncertainty, while at the same time providing tools for all (...)
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  • Industry-funded bioethics and the limits of disclosure.Carl Elliott - 2009 - In Denis Gordon Arnold (ed.), Ethics and the Business of Biomedicine. New York: Cambridge University Press. pp. 150.
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  • Drug Advertising, Continuing Medical Education, and Physician Prescribing: A Historical Review and Reform Proposal.Marc A. Rodwin - 2010 - Journal of Law, Medicine and Ethics 38 (4):807-815.
    Public policy tries to promote appropriate drug use by allowing firms to market drugs in interstate commerce only for uses that the Food and Drug Administration has found to be safe and effective. Because of their medical knowledge, physicians are authorized to prescribe drugs even for uses unapproved by the FDA. Nevertheless, physicians have relied on drug firms for information on appropriate prescribing despite the inherent tension between drug firm dissemination of information to promote sales and rational prescribing. In the (...)
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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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  • Drug Advertising, Continuing Medical Education, and Physician Prescribing: A Historical Review and Reform Proposal.Marc A. Rodwin - 2010 - Journal of Law, Medicine and Ethics 38 (4):807-815.
    Through the 1960s, many people claimed that drug advertising was educational and physicians often relied on it. Continuing Medical Education (CME) was developed to provide an alternative. However, because CME relied on grants, industry funders chose the subjects offered. Now policymakers worry that drug firms support CME to promote sales and that commercial support biases prescribing and fosters inappropriate drug use. A historical review reveals parallel problems between advertising and industry-funded CME. To preclude industry influence and improve CME, we should (...)
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