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  1. 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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  • Patient Advocacy Organizations: Institutional Conflicts of Interest, Trust, and Trustworthiness.Susannah L. Rose - 2013 - Journal of Law, Medicine and Ethics 41 (3):680-687.
    Patient advocacy organizations provide patient- and caregiver-oriented education, advocacy, and support services. PAOs are formally organized nonprofit groups that concern themselves with medical conditions or potential medical conditions and have a mission and take actions that seek to help people affected by those medical conditions or to help their families. Examples of PAOs include the American Cancer Society, the National Alliance on Mental Illness, and the American Heart Association. These organizations advocate for, and provide services to, millions of people with (...)
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  • Five Un-Easy Pieces of Pharmaceutical Policy Reform.Marc A. Rodwin - 2013 - Journal of Law, Medicine and Ethics 41 (3):581-589.
    The federal government indirectly subsidizes the pharmaceutical industry by funding basic research, various tax credits and deductions, patent rules, grants of market exclusivity, and other means, in order to spur drug development, promote public health, and improve medical care. But today, the pharmaceutical industry often neglects these goals and sometimes even undermines them, due to what Lawrence Lessig refers to as institutional corruption — that is, widespread or systemic practices, usually legal, that undermine an institution’s objectives or integrity. A key (...)
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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.
    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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  • 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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  • Institutional Corruption of Pharmaceuticals and the Myth of Safe and Effective Drugs.Donald W. Light, Joel Lexchin & Jonathan J. Darrow - 2013 - Journal of Law, Medicine and Ethics 41 (3):590-600.
    Institutional corruption is a normative concept of growing importance that embodies the systemic dependencies and informal practices that distort an institution’s societal mission. An extensive range of studies and lawsuits already documents strategies by which pharmaceutical companies hide, ignore, or misrepresent evidence about new drugs; distort the medical literature; and misrepresent products to prescribing physicians. We focus on the consequences for patients: millions of adverse reactions. After defining institutional corruption, we focus on evidence that it lies behind the epidemic of (...)
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  • Corruption of Pharmaceutical Markets: Addressing the Misalignment of Financial Incentives and Public Health.Marc-André Gagnon - 2013 - Journal of Law, Medicine and Ethics 41 (3):571-580.
    This article argues that the misalignment of private profit-maximizing objectives with public health needs causes institutional corruption in the pharmaceutical sector and systematically leads firms to act contrary to public heath. The article analyzes how financial incentives generate a business model promoting harmful practices and explores several means of realigning financial incentives in order to foster therapeutic innovation and promote the rational use of medicines.
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  • Understanding Pharmaceutical Research Manipulation in the Context of Accounting Manipulation.Abigail Brown - 2013 - Journal of Law, Medicine and Ethics 41 (3):611-619.
    Good decision-making requires reliable information. In medicine, relevant information comes from clinical trials and other forms of scientific research. In business, one source is in corporate annual financial statements. As for-profit, publicly traded companies whose business is discovering, manufacturing, and marketing drugs, pharmaceutical companies sit at the nexus of these two fields. Determining the safety and efficacy of a pharmaceutical product and determining the profitability of a complex enterprise are similarly difficult tasks: each is fraught with deeply ambiguous information that (...)
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  • Ghost management: How much of the medical literature is shaped behind the scenes by the pharmaceutical industry?Sergio Sismondo - manuscript
    Anecdotes have shown that some articles on profitable drugs are constructed by and shepherded through publication by pharmaceutical companies and their agents, whose influence is largely invisible to readers. This is ghost-management, the substantial but unrecognized research, analysis, writing, editing and/or facilitation behind publication. Publicly available documents suggest that these practices extremely widespread affecting up to 40% of clinical trial reports in key periods but it has been unclear how representative these documents are. This article presents the results of an (...)
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