Medicine is an industry-dominated climate, with physicians and patients relying on pharmaceutical companies to provide the medications needed to adequately address patient health concerns. However, because pharmaceutical companies stand to profit from the drugs they sell, they have an incentive to influence consumers to buy the drugs they manufacture. These efforts introduce a conflict of interest: between the objective of pharmaceutical companies to maximize profits and the need of patients to receive the most safe, effective, and individualized medications at any given time. Thompson (1993) defines conflicts of interest as follows: …a set of conditions in which professional judgment concerning a primary interest (such as a …show more content…
Vulnerable consumers — whether patients in need or time-strapped clinicians — are more likely to be misled. There is also a need, therefore, for a more nuanced understanding of the interaction between marketing practices and preexisting human vulnerabilities to this mismarketing. Ethical Question Should companies market a medication for the treatment of a disorder when the medication has not received formal approval from the relevant national regulatory body? Possible Answers: Yes, as long as empirical evidence exists that supports the drug’s use toward the treatment of a given disorder, it is the company’s right to make this information known — whether or not national regulatory bodies have formally weighed in on the evidence. No, the absence of a formal indication may suggest that there is inadequate evidence that the drug is effective and that it does not have a problematic safety profile. A formal indication by the regulatory body serves as a testimony that a third party, with the patient’s best interests in mind, has examined the drug and found it to be sufficiently effective and safe. On the one hand, the company has the right — even the duty — towards its shareholders
Case: 791 F2d 189 Thompson Medical Co. Inc. v. Federal Trade Commission Facts: This case concerns a complaint brought by the Federal Trade Commission ("FTC" or "Commission") against petitioner Thompson Medical Company under Secs. The Commission ordered Thompson to refrain from making unsubstantiated claims that Aspercreme is effective and to disclose in the product 's labeling and advertising that it does not contain aspirin. Thompson challenges the FTC 's order as arbitrary and capricious, contrary to public policy, unsupported by substantial evidence, and discordant with applicable Commission precedent.
A doctor should always take into consideration what is best for their patients without being influenced by anyone. In Stephanie Saul’s article “Drug Makers Pay for Lunch as they Pitch” she discusses how pharmaceutical companies use free lunches as an incentive to influence Doctors to prescribe their brand drugs. Many see this situation of pharmaceutical companies purchasing meals for a Doctor’s entire office as not having any effect on the doctor’s decision to prescribe their brand. The reality is that these free lunches do influence a doctor to prescribe a certain brand drug when writing a patient’s prescription. A doctor should consider what is the best option for a patient something that is affordable and if the case is that a name brand drug is the best option it should not be influenced by the pharmaceutical company in any way.
Healthcare professionals must talk to their patients about possible side-effects of drugs they are taking and make sure they understand what can happen. In doing so, patients may start to understand why something is happening to them and it is a normal side-effect, which can not only lead to trust from the patients to providers, but can lead to the passing of knowledge from one to another which may prevent future
They were to report on patients’ side effects, patients use of the drug, and both patient and physician subjective evaluations. Physicians who were interested in participating in this research would be paid three hundred dollars for ever patient they entered into the study, as well as an additional three hundred for the patients who participated in a one year follow up evaluation. The payment in this case was considered compensation for physician’s time and effort.
In the case of Abbott Laboratories v. Portland Retail Druggists, the respondent brought an antitrust action against Abbott Laboratories claiming that they had violated the Robinson-Patman Act. The pharmaceutical manufacturers had sold drugs to not-for-profit hospitals at lower prices then to the commercial pharmacies (Showalter, pg 452). The Robinson-Patman Act of 1936, which was an amendment to the Clayton Antitrust Act (Elfand, n.d.), had made it unlawful to discriminate by placing a pricing difference between buyers of similar goods, when “the effect of such discrimination may be substantially to lessen competition” (Abbott Laboratories v. Portland Retail Druggists, 1976). As the petitioners, Abbott Laboratories claimed that the price
On addition, had to pay the ACCC’s costs. Primary stakeholders: o Health professionals and buyers who have been informing and guiding parents and children on responsible use of the medication would affected the most. The Specific pain case would have resulted in losing trustworthiness and honesty between the health professionals and the patients. The buyers in situation would have lost faith in the company and might prefer choosing another brand.
Then, I would have gave them all the information about the medication and let them decide if they wanted to be treated or not. I would not have let anyone go untreated just for an experimental purpose unless they fully knew all their options and chose to go through with the study on their own accord. Patients deserve to know all the information, good or bad, and all of their options; full disclosure is essential to maintaining all ethical and moral principles in the health care
“the public will be largely undefended against the aggressive and potentially dangerous predations of multibillion-dollar conglomerates.” Companies who make billions of dollars just by selling their drugs can take advantage of this and rush to get their drug out there without it even working
Most physicians in the surveys believed that managed care prevent them from using their ability to put the patient's interest first and to avoid conflicts of interest with their patients. According to the survey, "forty-nine indicated negative effects when respecting their patients' autonomy. These finding, along with the concerned expressed above, that under managed care cost cutting took top priority over the quality of patient care and as a result trouble conflicted in the interest for physicians and patient care (Feldman, Novack, & Gracely,
The regulation of off-study access presents a myriad of ethical dilemmas. Patients suffering from terminal illnesses face few options – either participating in a study, or facing certain death. The choice for most patients is simple: participate in the study, even at the risk of being given the placebo, because it is the only self-benefitting situation. If they refuse to participate in the study, they will surely die, but they are given a chance to live when through accessing the drugs in the study. This is beneficial to science and the population as a whole – though a small group of people will suffer as they are given a placebo, a greater number will benefit from the data collected from the research, as well as the future FDA approval, allowing
Throughout the article Hightower utilizes specific diction that is casual yet makes his audience feel ashamed for being ignorant about prescription medicine issues that he presents. Therefore, when Hightower states, “‘We’ve identified 7,000 Americans who matter,’ this dismissing the other 330 million of us as nobodies,” many readers would become infuriated with the PhRMA because most people like to be relevant and considered. Also, when he says, “Moreover, they know they couldn’t possibly persuade us to let them keep jacking up our prices,” it makes his readers feel dumb if PhRMA was successful in persuading them or makes them feel prideful if they refuted PhRMA’s ridiculously high prices. Thus, Hightower is exceptional at persuading his audience to obtain a
Consumer bodies has frequently lamented on the high drug prices and alluded to expensive private hospital care making it unaffordable to the majority of the population. Professional bodies have alerted the authorities regarding bogus and unqualified personnel in private clinics and have maintained that the standards in the Private Health Facility and Services Act 1998 (PHFSA 1998) should apply through the board, private as well as public. There is an urgent need to ensure clinical governance in the private
Healthcare ethics involves making well researched and considerate decisions about medical treatments, while taking into consideration a patient's beliefs and wishes regarding all aspects of their health. The healthcare industry has regard for the issues surrounding the welfare of their patients. Doctors, nurses, and other professionals who have the ability to affect a patient's health are all forced to make ethical decisions on a daily basis. I believe the result of ability to pay versus quality of care comes into ethical question in today’s society.
For example, a patient may need a specific treatment. The physician’s administration attempt to gain approval form the insurance company to proceed with the treatment and is denied. The insurance company instead gives the physician another less expensive option. Though the option presented is less likely to give a better percentage of a positive outcome for the patient. The physician has a clear conflict in pleasing both the insurance company and the patient.
Every citizen in the United States has individual rights protected by the Constitution. This protection also includes businesses that have gone through the legal process to become a legal entity ; more commonly known as becoming a corporation. Many times these individual rights, protected by the Constitution, conflict with the common good and as history shows, the courts consistently side with the common good when faced with a case that pits these two against each other. Big Pharma are corporations exercising their individual rights to market, and sell their product to consumers. In the process, the common good is suffering.