Practicing
Medicine Without a License
by Mark Kozlowski, M.D.
We've
all seen the advertisements: "Call us if you have been exposed to
asbestos......" an all too prevalent blurb in today's newspaper
or television commercial. These statements are a prelude to an enticing
offer for participation in a class-action lawsuit against someone
or another. But how far can non-medical personnel be allowed to
reach into the practice of medicine? Perhaps the following example
from a case in 1995 can partially answer the question. In hopes
of finding potential clients, a West Virginia law firm publicly
offered employees and former employees of steel mills to come forward
and determine if they had been exposed to asbestos. A 65-year-old
gentleman fit the bill. He approached the firm and they provided
him an appointment for a free chest X-ray at a local hospital. He
had the film taken, and it was interpreted by a B-reader radiologist,
independently contracted by the law firm. The impression of the
interpreting radiologist was "rule out carcinoma, right mid-lung......
no evidence of asbestosis". The radiologist recommended that the
law firm tell the patient to see his family physician. Eighteen
months later, this same gentleman went to see his family doctor
complaining of cough, weight loss and chest discomfort. An X-ray
taken at this time revealed a large mass. Biopsy proved carcinoma.
The patient underwent aggressive therapy but succumbed to his illness
eight months later. In an unconventional move, the family filed
a medical malpractice lawsuit against the law firm who initiated
the X-ray. In the suit, the family alleged that the firm was negligent
in failing to notify the patient of the abnormal results of the
first X-ray and to recommend that he see a physician. Needless to
say, the law firm quickly settled the case - terms undisclosed (the
family had also sued the radiologist for failing to notify the patient
personally, which the court dismissed due to lack of an established
patient-doctor relationship). More than just coming away with a
feel-good attitude about this case, we should be astonished with
the law firm's myopic perspective. They should consider themselves
lucky for having escaped additional prosecution. One cannot hope
to reap the benefits (personal or monetary) of any practice (medical
or legal) without first being willing to bear the full weight of
responsibility for those under their care. Physicians genuinely
understand this concept, enduring many years of training in an environment
that fosters the scientific method, honesty and compassion. Physicians
work cooperatively in this endeavor, with the ultimate goal in any
patient encounter being simply to help the patient. Only physicians
or those authorized by them should order medical exams, as they
alone have the knowledge to determine what should be ordered and
how a patient should be treated based on the results of those exams.
To side step this process is foolhardy. To work outside the system
for personal gain is unethical. And to practice medicine without
a license is criminal.
Copyright
© 2001 Radiology Associates.
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