Legal issues in the medical assessment of physical impairment by third‐party physicians

Rothstein, A J D Mark

doi:10.1080/01947648409513422

Cited by 4 publications

(1 citation statement)

References 4 publications

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“…A physician‐patient relationship does not exist in every professional interaction involving physicians and individuals they examine or treat. There are several “third‐party” relationships, mostly arising where the individual is not a patient and is merely being examined rather than treated, the individual does not select or pay the physician, and the physician's services are provided for the benefit of another party . Some examples include preinduction military examinations, life and disability insurance application examinations, personal injury litigation examinations by adverse parties, and workers’ compensation examinations.…”

Section: Commentarymentioning

confidence: 99%

Preventing Conflicts of Interest of NFL Team Physicians

Rothstein¹

2016

Hastings Center Report

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At least since the time of Hippocrates, the physician-patient relationship has been the paradigmatic ethical arrangement for the provision of medical care. Yet, a physician-patient relationship does not exist in every professional interaction involving physicians and individuals they examine or treat. There are several "third-party" relationships, mostly arising where the individual is not a patient and is merely being examined rather than treated, the individual does not select or pay the physician, and the physician's services are provided for the benefit of another party. Physicians who treat NFL players have a physician-patient relationship, but physicians who merely examine players to determine their health status have a third-party relationship. As described by Glenn Cohen et al., the problem is that typical NFL team doctors perform both functions, which leads to entrenched conflicts of interest. Although there are often disputes about treatment, the main point of contention between players and team physicians is the evaluation of injuries and the reporting of players' health status to coaches and other team personnel. Cohen et al. present several thoughtful recommendations that deserve serious consideration. Rather than focusing on their specific recommendations, however, I would like to explain the rationale for two essential reform principles: the need to sever the responsibilities of treatment and evaluation by team physicians and the need to limit the amount of player medical information disclosed to teams.

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Section: Commentarymentioning

confidence: 99%

Preventing Conflicts of Interest of NFL Team Physicians

Rothstein¹

2016

Hastings Center Report

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A Proposed Revision of the ACOEM Code of Ethics

Rothstein

1997

Journal of Occupational & Environmental Medicine

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The 1993 revision of the American College of Occupational and Environmental Medicine (ACOEM) Code of Ethical Conduct is insufficiently demanding of physicians in important areas, such as conflicts of interest, reporting unethical or incompetent colleagues, and confidentiality of medical information. The International Commission on Occupational Health's International Code of Ethics, drafted for all occupational health professionals worldwide, does not apply well to American legal and economic relationships. The best way to revise the 1993 ACOEM Code is to incorporate key provisions of the American Occupational Medical Association's 1976 Code. A proposed revised ACOEM Code is presented combining elements of the 1993 ACOEM and 1976 AOMA Codes. The resulting code is a clearer description of individual standards of conduct and group ideals.

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Ethical Guidelines for Medical Research on Workers

Rothstein¹

2000

Journal of Occupational and Environmental Medicine

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Federal regulations protecting research subjects make special provisions for individuals who are subject to coercion or undue influence. Because they are subject to coercion and undue influence, workers should be considered vulnerable subjects of research. A series of ethical guidelines are proposed for medical research on workers that seek to safeguard the rights of workers and maintain the scientific integrity of research. In general, the guidelines emphasize that participation must be voluntary and knowing, that the confidentiality of medical information must be protected, and that the benefits of the research to the participants must be maximized while the risks are minimized.

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Legal issues in the medical assessment of physical impairment by third‐party physicians

Cited by 4 publications

References 4 publications

Preventing Conflicts of Interest of NFL Team Physicians

Preventing Conflicts of Interest of NFL Team Physicians

A Proposed Revision of the ACOEM Code of Ethics

Ethical Guidelines for Medical Research on Workers

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