Drug Liability Issues Raised By Questionable Relationships Between Doctors and Drug Companies

In many of the medical negligence and pharmaceutical liability cases our lawyers handle, we find numerous perks being provided to prescribing physicians by drug companies.
The New England Journal of Medicine, the most prestigious medical journal in the country, has published an article concerning the relationship between doctors and drug companies. The article reports that several United States Senators have introduced a bill in the United States Congress that would require manufacturers of drugs and medical devices with annual revenues of more than $100 million to disclose the amount of money they give to physicians, in any form such as free dinners, vacations or consulting fees. Five states require such disclosures at the present time.
The article reports that the nature, extent and consequences of physicians’ relationships with the pharmaceutical and medical device industry is one of the most fiercely debated issues among health care providers. The relationships are seemingly everywhere according to the article. A recent study reported that almost all physicians, (94%) have some type of relationship with the industry. Most commonly, doctors reported receiving food and beverages in the work place, or being given drug samples by manufacturers’ representative. More than a third of the physicians reported receiving reimbursement for costs associated with professional meetings or continuing medical education; and, more than one quarter, (28%), receive payments for consulting, speaking or referring patients for medical study trials.
Although most physicians deny that receiving free lunches, subsidized trips or other gifts from pharmaceutical companies has any effect on their practice, research has shown that physician-industry relationships do influence prescribing behavior. It has been reported that the pharmaceutical industry spends approximately $19 billion each year establishing and maintaining these relationships with physicians.
The study acknowledges that there are some positive effects for patient care in these relationships. One example is that through an industry sponsored luncheon or dinner, the physician may learn about the beneficial effects of a drug and then prescribe it for a patient. The authors point out, however, that there is no reason why an educational activity has to be accompanied by an expensive meal or a trip to a tropical resort.
The authors also point out the many negative effects which these relationships can have. An example given is that a doctor with ties to the industry may be more inclined to prescribe a brand name drug despite the availability of a cheaper generic version. Also, industry relationships may stimulate premature adoption of novel treatments which could lead to serious health problems for the patients.