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Conflicts of Interest in Health Care
A conflict of interest in health care exists when a health care
professional "with responsibility to others is influenced,
consciously or unconsciously, by financial, personal, or other factors which
involve self interest." In a profit-driven capitalistic system the typical
motive for the existence of a conflict of interest is usually related to financial considerations.
The Editor's experience in medicine has been that decision making not
infrequently does not take into consideration the best interests of the patient as opposed to
the best interest of the doctor, the hospital, the third
party payor, or the government.
The "Expert"
Our society uses "experts" in many different capacities
ranging from governmental advisors and consultants to "expert witnesses" in the
courtroom or legislature, "expert" independent medical examiners, and
"expert" specialists. It has been a healthy departure from
"business as usual" to find that, more and more, an "experts'" credentials are
being taken into consideration as well as any potential conflict of interest.
Advisors to Governmental or
Institutional Organizations
It is a factual observation that those who are truly
"expert consultants" (possessing the greatest knowledge and understanding
regarding a specific subject) typically do have a
bias or potential
conflict of interest. Their "expertise" regarding a particular subject has
usually resulted from their past activities related to incentivization involving personal gain.
For example: knowledgeable experts who were members of United States Food and Drug
Administration advisory panels in the past have been dismissed
because they had potential conflicts of interest. They were replaced by
others not having such conflicts but who were, unfortunately, selected
only because they were representative
of "politically correct" groups having little or no
expertise in the issues under consideration. The intelligent utilization
of expertise for the benefit of society requires more than political
correctness. It involves using the expertise but also limiting the effect
of bias. This can be effectively accomplished by the application of the
"Sunshine Principal." This involves prior public disclosure of
any and all potential biases or conflicts of interest.
The Expert Medical Specialist
When a patient turns to a specialist for advice and/or treatment it is
fair to assume that the recommendations for treatment will reflect the patient’s best
interests and that the individual being consulted is qualified to give an expert opinion.
Unfortunately this is not always the case and it behooves the patient to
be aware of potential risks in this regard. In surgical specialties it is
not uncommon for surgeons to have developed treatments or medical devices
or to have been involved in industry-academia connections for which a
financial conflict-of-interest may exist. Minimally invasive heart surgery is considered very promising
in medicine. A recent marketing blitz by a
start-up company and its surgeon stockholders suggested that their
enthusiasm for the procedure was premature and was apparently only a
reflection of a
significant conflict of interest on their parts and not on demonstrated
efficacy of the procedure itself..

Another area of concern has to do with paying physicians
to enlist patients to participate in drug company sponsored clinical
trials without the patient’s being informed of the conflict of interest.
There may be undisclosed financial benefits is to the physician based on the number of
patients enrolled. Clinical drug development studies which used to be staid
academic enterprises in the past in which researchers were motivated by desires for
knowledge, fame or career advancement. In today's world drug and device
development have become multi-billion dollar industries with hundreds of testing and drug companies
working with thousands of private doctors (Research for
Hire, N.Y. Times, May 16, 1999). In lieu of medical institutions
requiring "Sunshine" disclosures it becomes prudent for patients
to inquire if potential bias exist.
Summary
Professional experts represent
an important asset to the welfare of society. The best manner of using this
expertise for the
benefit of all is to limit the effect of bias as much as possible by the
public identification of potential (or real) conflicts of interest. By
the consistent utilization of "Sunshine" rules and requirements
the liability of bias can be greatly reduced. The "Sunshine"
approach represents an important means of avoiding one of the great
pitfalls of the free enterprise system while also maintaining competition as means of improving service to patients. Routine disclosure of
potential conflict of interest should be a basic inherent ethical
responsibility of each and every professional care giver in our health
care system.
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