Dr. Smith is a family physician working in a small town with a population of about 5,000 and frequently refers her patients to a larger urban centre. She has developed good working relationships with many of the specialists.
This week, she received a copy of a consultation letter from one specialist to another that was very critical of the care she had provided to the patient. Although she was upset by the criticism, she felt that the physician did not have the full history, so she chose to disregard it.
Later that day, the patient in question came for an appointment. The patient was very angry and reported that the specialist said that her incompetence had delayed the diagnosis and worsened her prognosis significantly. Dr. Smith was taken aback and had to spend a significant amount of time with the patient to discuss the issue. In the end, she felt that they could continue to work together; however, she was very upset with the specialist’s comments and wondered what to do?
She notes that the Code of Ethics says, Avoid impugning the reputation of colleagues for personal motives; however, report to the appropriate authority any unprofessional conduct by colleagues. She comes to you to ask what she should do?
Responses, as published in the Messenger, to this issue:
Poor Dr. Smith. She worked hard in a solitary practice in a small town with no colleague to consult with. Then she sees an interprofessional consultation that is critical of her care. One assumes her name specifically was used in the criticism.
First, review the charts. Was there any possibility of malpractice? Have a friend-physician who works away from her practice review the situation by phone. (Don’t mention the name of the patient concerned or the staffman’s name in your conversation.)
Next comes communication, and this can be tricky. First, talk to the staffman who received the complaint about you. He/she will obviously be aware of the criticism. He/she may identify what error may have been made, which would be helpful. On the other hand he/she may be baffled by the complaint as well.
Now comes the difficult part. You have to confront the complainant, and the phone would be a good way.
Call his/her secretary and ask if you could book a telephone appointment with his/her boss. Ask the secretary to kindly dig out the chart at the appropriate time. Do not discuss any matters pertaining with the secretary. Two things may happen, either you don’t hear back, or else he/she does call you. (...) see full text (Dr. Mike Hancock, Edmonton)
The physician’s primary responsibility is the patient’s well being. Any concern about the maligning of the physician’s reputation by the specialist is secondary.
In this case, the specialist caused direct and willful harm to the relationship between the physician and her patient. This is a complex longitudinal relationship that is built on mutual trust and respect and is central to the patient’s care over the long term.
The criticism of one physician by another is often, as in this case, fueled by lack of information and understanding and is often unprofessional. There are venues to report truly incompetent care.
If the specialist presumed the right to criticize the physician, then the specialist also had an obligation to ensure that his/her information was both correct and complete before rendering an opinion to the patient.
In this case, the specialist did not attend to his/her responsibility to ensure that he/she had complete and correct information prior to rendering an opinion to the patient about the incompetence of the physician.(...) see full text (Dr. John Fernandes, Calgary)
I read the Ethics 101 article in the latest issue of the "Messenger". I realize that you are expecting opinions from within the profession but I think that as a lay person I might have something to contribute. The danger of a well known physician having undue pressure on his/her colleagues would indicate that perhaps inviting these doctors to present at seminars supported by a pharmaceutical company would be contraindicated in a self governing profession that prides itself on it high standard of ethics and morality. These ethics must not only be practised but they should be seen to be practised. A physician who had been heavily involved in clinical studies and who was going to give an objective report on those studies, carefully avoiding any temptation to encourage the use of the treatment by others is probably an acceptable case.
I have done some research and I would like to submit some numbers which might represent the cost to the company and benefit to the physician. I assume that the company wants to make a good impression on the physician, the amount of the honorarium is a guess as are allowances for meals and incidental expenses.
| Item |
How Calculated |
Total |
| First class airfare Edmonton, New York return |
airline website |
$7,176 |
| Small suite in Fairmont hotel |
4 nights @ $935 |
$3,740 |
| Meals |
4 days @ $200 |
$800 |
| Miscellaneous expenses taxis, limo's, laundry, phone calls, etc, |
estimate |
$500 |
| Honorarium |
estimate |
$5,000 |
| |
Grand Total |
$17,216 |
I have been the patient of an incredible physician for almost 27 years and from what I understand if I were to give her a cheque for this amount she would have to answer to the college for receiving a large gift from a patient, I have read of such cases in the "Messenger". What is the difference from an ethical point of view if the gift comes from a patient or a pharmaceutical company? If I have overestimated the amounts of money I would appreciate a correction. (Paul S. Hinman, Edmonton)