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PROFESSION

Growing medical liability crisis drives new ethical policy

Even in the tort reform fight, says the CEJA chair, patient care must remain doctors' primary focus.

By Andis Robeznieks, amednews staff. July 12, 2004.

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Chicago -- The AMA Council on Ethical and Judicial Affairs received an earful when it asked delegates to the Association's Annual Meeting to express their opinions on the ethical issues surrounding the medical liability crisis. CEJA members will use what they heard to draft an official AMA opinion on collective action that will go to delegates in December.

In introducing the topic at the CEJA open forum, council Chair Michael Goldrich, MD, said the medical liability crisis had altered physicians' ability to provide high-quality, evidence-based care as doctors have become risk adverse.

He said care is becoming increasingly unavailable, and some communities are being abandoned because physicians no longer can afford to work in them. In the meantime, legislators and trial lawyers seem unaware of the critical nature of the situation, he said.

"Until the last neurosurgeon leaves the state, the crisis isn't real," the New Jersey otolaryngologist said, adding that, despite this, doctors have an ethical obligation to place the patient's needs above their own.

In an interview, Dr. Goldrich called the CEJA open forum "an opening pipeline for us on issues."

In this case, however, instead of opening the issue to create something new, CEJA will amend an existing opinion that was issued in 1998.

That opinion on collective action notes that physician strikes reduce access to care, eliminate or delay necessary care, and interfere with continuity of care. As these consequences are contrary to accepted ethical behavior, physicians should refrain from using strikes as a bargaining tactic, the opinion states.

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