What is a Conflict of Interest?
A doctor has a duty to treat a patient¿s medical condition to improve that patient¿s health. A conflict of interest arises when a doctor recommends or gives the patient tests or treatments for some other reason, which is not professionally acceptable. In almost all cases this other reason for giving treatment involves direct or indirect financial gain by the doctor.
What are a Doctor¿s Duties Regarding Conflicts of Interest?
A doctor duties regarding conflicts of interest or potential conflicts of interest stem from the patient¿s right to informed consent. When receiving medical treatment a patient has a right to be informed of all the material risks and benefits associated with that treatment. Only when fully informed of these material facts can a patient¿s decision to accept or decline medical treatment be voluntary. When a doctor has a conflict of interest regarding treating a patient, most states consider this to be a material fact of which the patient should be aware. A doctor has a duty to inform his patient of any conflict of interest he may have.
When Might a Conflict of Interest Arise?
A doctor may face a conflict on interest in a number of situations. A very common situation is when the patient¿s treatment can be used as part of research the doctor is conducting. Another common situation is when the doctor recommends a treatment that is offered by a company which the doctor has a financial stake in (e.g., owning share of a pharmaceutical company).
Do I Need a Lawyer to Sue for Medical Malpractice?
There are many situations in which a conflict of interest can come up for a doctor. If you have been mistreated or injured because as a result of your doctor¿s conflict of interest, you should speak to a medical malpractice lawyer. A medical malpractice attorney can advise you about your rights and remedies under the law. |
 |
