Principles of Practice

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Chapter 12

Principles of Practice

section 1 Principles of Practice

INTRODUCTION

Orthopaedic practice involves managing relationships among the following:

Conflicts of interest among ethical medical care, business goals, and legal considerations can arise. Wherever a conflict of interest arises, it must be resolved in the best interest of the patient.

The physician-patient relationship is the central focus of all ethical concerns.

Documents have been developed by the American Academy of Orthopaedic Surgeons (AAOS) with the help of other organizations to outline ethical principles of medicine and orthopaedic surgery (http://www.aaos.org/about/papers/ethics.asp):

Most documents are aspirational.

AAOS Standards of Professionalism are unique in that they represent the minimal level of acceptable conduct.

Nonadherence to these principles can result in the loss of membership.

Violations of these standards:

II PRINCIPLES OF ETHICS AND PROFESSIONALISM

Ethics is the discipline dealing with the principles or moral values that govern relationships between and among individuals and defines what the orthopaedic surgeon ought to do.

Key elements of the AAOS Code of Ethics and Professionalism for Orthopaedic Surgeons (2009):

1. The physician-patient relationship is the “central focus of all ethical concerns.”

2. Conduct of the orthopaedic surgeon must have the following goals:

3. Conflicts of interest are common

4. The other sections of the code address additional important issues.

Medical Professionalism in the New Millennium: A Physician Charter (2002)

1. The AAOS adopted the charter crafted by physicians throughout the industrialized world who were concerned about changes in health care delivery systems that threaten the values of professionalism.

2. The charter also defines a set of 10 professional responsibilities that apply to physicians.

image Professional competence: Individual commitment and the profession must strive to ensure that its members are competent.

image Honesty with patients: Good information must be provided before and after treatment, especially with unanticipated outcomes.

image Patient confidentiality: Privacy reinforces trust in the profession, but it may have to be disregarded if the patient endangers other people.

image Appropriate relations: Patients must never be exploited for sexual or financial advantage.

image Improving the quality of care: Physicians must maintain knowledge, reduce errors, and create mechanisms to improve care.

image Improving access to care: Physicians should reduce barriers to access that are based on laws, education, and finances.

image Just distribution of finite resources: Physicians should promote the wise and cost effective use of limited resources.

image Scientific knowledge: Physicians should promote research and create new knowledge and use it appropriately.

image Managing conflicts of interest: Physicians must recognize and disclose to patients and to public when reporting results of clinical trials or guidelines.

image Professional responsibilities: Physicians must work collaboratively and participate in self-regulating and self-disciplining other members of profession.

Standards of professionalism represent the mandatory minimum levels of acceptable conduct for orthopaedic surgeons (http://www3.aaos.org/member/profcomp/sop.cfm).

1. Providing musculoskeletal services to patients (2008):

image Responsibility to the patient is paramount.

image Provide equal treatment of patients regardless of race, color, ethnicity, gender, sexual orientation, religion, or national origin.

image Provide needed and appropriate care or refer to a qualified alternative provider.

image Present pertinent medical facts and obtain informed consent.

image Advocate for the patient and provide the most appropriate care.

image Safeguard patient confidentiality and privacy.

image Maintain appropriate relations with patients.

image Respect a patient’s request for additional opinions.

image Pursue lifelong scientific and medical learning.

image Provide services and use techniques only for which he or she is qualified by personal education, training, or experience.

image If impaired by substance abuse, seek professional care and limit or cease practice as directed.

image If impaired by mental or physical disability, seek professional care and limit or cease practice as directed.

image Disclose to the patient any conflict of interest, financial or otherwise, that may influence care.

image Do not enter into a relationship in which the surgeon pays for the right to care for patients with musculoskeletal disorders.

image Make a reasonable effort to ensure that the academic institution, hospital, or employer does not pay for the right to care for patients.

image Do not couple a marketing agreement or provision services, supplies, equipment, or personnel with required patient referrals.

2. Professional relationships (2005)

3. Orthopaedic expert witness testimony (2010)

image Do not testify falsely.

image Provide fair and impartial opinions.

image Evaluate care by standards of time, place, and context as delivered.

image Do not condemn standard care or condone substandard care.

image Explain the basis for any opinion that varies from standard.

image Seek and review all pertinent records.

image Have knowledge and experience, and respond accurately to questions.

image Have current valid, unrestricted license to practice medicine.

image Have current board certification in orthopaedic surgery (i.e., American Board of Orthopaedic Surgery).

image Have an active practice or familiarity with current practices to warrant expert designation.

image Accurately represent credentials, qualifications, experience, or background.

image Fees should not be contingent on outcome.

image Expect reasonable compensation that is based on expertise, time, and effort needed to address issue.

4. Research and academic responsibilities (2006)

5. Advertising by Orthopaedic Surgeons (2007)

image Advertising must not suggest any of the following:

image Do not use false or misleading statements.

image Use no misleading representation about ability to provide medical treatment.

image Use no false or misleading images or photographs.

image Use no misrepresentations that communicate a false degree of relief, safety, effectiveness, or benefits of treatment.

image Surgeons will be held responsible for any violations of their office or public relations firms retained.

image Surgeons will make efforts to ensure that advertisements by academic institutions, hospitals, and private practices are not false or misleading.

image Advertisements shall abide by state and federal laws and regulations related to professional credentials.

image Provide no false or misleading certification levels.

image Provide no false or misleading representation of procedure volume or academic appointments orassociations.

image Provide no false or misleading statements regarding development or study of surgical procedures.

6. Orthopaedist-Industry Conflicts of Interest (2007)

image Surgeons shall regard their responsibility to the patient as paramount

image Surgeons shall prescribe drugs, devices and treatments on the basis of medical considerations, regardless of benefit from industry.

image Surgeons shall be subject to discipline by AAOS Professional Compliance Program if convicted of federal or state conflict-of-interest laws.

image Surgeons shall resolve conflicts of interest in the best interest of the patient, respecting the patient’s autonomy.

image Surgeons shall notify the patient when withdrawing from a patient-physician relationship if a conflict cannot be resolved in the best interest of the patient.

image Surgeons shall decline subsidies or support from industry except gifts of $100 or less, medical textbooks, or educational material for patients.

image Surgeons shall disclose any relationship with an industry to colleagues, institution, and other entities.

image Surgeons shall disclose to patients any financial arrangement, including royalties, stock options, and consulting arrangements with an industry.

image Surgeons shall refuse any direct financial inducement to use a particular implant, device, or drug.

image Surgeons shall enter into consulting agreements with industry only when agreements are made in advance in writing and have the following features:

image Surgeons shall participate only in meetings that are conducted in clinical, educational, or conference settings conducive to the effective exchange of information.

image Surgeons shall accept no financial support to attend social functions with no educational element.

image Surgeons shall accept no financial support to attend continuing medical education (CME) events except in the following situations:

image Surgeons shall accept only tuition, travel accommodations, and modest hospitality when attending industry-sponsored non-CME events.

image Surgeons shall accept no financial support for guests or other persons who have no professional interest in attending meetings.

image Surgeons shall disclose any financial relationship with regard to procedure or device when reporting clinical research and experience.

image Surgeons shall truthfully report research results with no bias from funding sources, regardless of positive or negative findings.

III CHILD, ELDER, AND SPOUSAL ABUSE

Violence

Child abuse

Elder abuse

S pousal abuse

IV DIVERSITY IN ORTHOPAEDICS

Importance of diversity: The understanding of the value of diversity in race, gender, creed, and sexual orientation is increasing in all areas of life.

Treatment decisions should not be made on any basis that would constitute illegal discrimination.

Sensitivity to diversity issues is an increasingly important aspect of professionalism.

SEXUAL MISCONDUCT

Introduction

Sexual harassment in employment

1. Quid pro quo: Harassment is directly linked to employment or advancement.

2. Hostile environment harassment: Actual sexual advances are not necessary to create a hostile work environment.

3. “Reasonable woman” test is the adopted standard for offensive behavior. If a “reasonable woman” would have found the behavior objectionable, then harassment may have occurred.

4. Individuals in medical training programs are considered employees of the school that is training them. This status allows them to pursue harassment claims under the Civil Rights Act.

Sexual misconduct in the patient care setting

VI THE IMPAIRED PHYSICIAN

“Impairment” can include chemical impairment, dependence, misconduct, or incompetence.

VII ORTHOPAEDIC EDUCATION