David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
American Journal of Bioethics 4 (1):12 – 16 (2004)
Malpractice insurance rates have created a crisis in American medicine. Rates are rising and reimbursements are not keeping pace. In response, physicians in the states hardest hit by this crisis are feeling compelled to take political action, and the current action of choice seems to be physician strikes. While the malpractice insurance crisis is acknowledged to be severe, does it justify the extreme action of a physician walkout? Should physicians engage in this type of collective action, and what are the costs to patients and the profession when such action is taken? I will offer three related arguments against physician strikes that constitute a prima facie prohibition against such action: first, strikes are intended to cause harm to patients; second, strikes are an affront to the physician-patient relationship; and, third, strikes risk decreasing the public's respect for the medical profession. As with any prima facie obligation, there are justifying conditions that may override the moral prohibition, but I will argue that the current malpractice crisis does not rise to the level of such a justifying condition. While the malpractice crisis demands and justifies a political response on the part of the nation's physicians, strikes and slow-downs are not an ethically justified means to the legitimate end of controlling insurance costs.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Allen Kachalia, Niteesh K. Choudhry & David M. Studdert (2005). Physician Responses to the Malpractice Crisis: From Defense to Offense. Journal of Law, Medicine & Ethics 33 (3):416-428.
Bjørn Hofmann, Anne Myhr & Søren Holm (2013). Scientific Dishonesty—a Nationwide Survey of Doctoral Students in Norway. BMC Medical Ethics 14 (1):1-9.
Susan Dorr Goold (2000). Collective Action by Physicians: Beyond Strikes. Cambridge Quarterly of Healthcare Ethics 9 (4):498-503.
David N. Hoffman (2005). The Medical Malpractice Insurance Crisis, Again. Hastings Center Report 35 (2):15-19.
David W. Sumner (1986). Malpractice Crisis or Communication Crisis? Journal of Law, Medicine & Ethics 14 (3-4):205-205.
Herman Nys & Paul Schotsmans (2000). Professional Autonomy in Belgium. Theoretical Medicine and Bioethics 21 (5):425-439.
Carl H. Coleman (2009). Do Physicians' Legal Duties to Patients Conflict with Public Health Values? The Case of Antibiotic Overprescription. Journal of Bioethical Inquiry 6 (2):181-185.
Michael J. Saks (1986). Legal Views of the Malpractice Crisis. In Search of the "Lawsuit Crisis". Journal of Law, Medicine & Ethics 14 (2):77-80.
Kenneth De Ville (1998). Act First and Look Up the Law Afterward?: Medical Malpractice and the Ethics of Defensive Medicine. [REVIEW] Theoretical Medicine and Bioethics 19 (6):569-589.
Alessia T. Bell (2000). Criminal Law/Medical Malpractice: Court Strikes Down Murder Conviction of Physician Where Inappropriate Care Led to Patient's Death. Journal of Law, Medicine & Ethics 28 (2):194-195.
Added to index2009-01-28
Total downloads12 ( #200,267 of 1,724,892 )
Recent downloads (6 months)1 ( #349,138 of 1,724,892 )
How can I increase my downloads?