Lewis Kenneth S, Kleper Ann-Louise
Lewis, Davidson & Hetherington, LTD, Chicago, Illinois 60606, USA.
Occup Med. 2002 Oct-Dec;17(4):625-35.
Occupational physicians are frequently participants in a legal arena in which the interests of the patient are in conflict with those of the patient's employer. What is best for the patient may be viewed as financially burdensome or damaging to the employer. Pressures may be brought to bear upon the doctor, who is also concerned with furthering business relationships with the employer, to take action that is inimical to the patient's well-being. This article addresses legal liability and ethical responsibility in three situations: (1) when limitations or constraints are placed upon the physician's professional judgment in treating the patient; (2) when demands are made upon the physician to release medical information regarding a patient; and (3) when the physician is asked to perform a medical evaluation for purposes of litigation.
职业医师经常置身于一个法律环境中,在此环境下,患者的利益与患者雇主的利益相互冲突。对患者最有利的做法可能被视为给雇主带来经济负担或损害。医生可能会受到各种压力,而医生本身也关心与雇主进一步发展业务关系,这可能导致医生采取不利于患者健康的行动。本文探讨了三种情况下的法律责任和道德责任:(1)在治疗患者时,医生的专业判断受到限制或约束;(2)有人要求医生公布有关患者的医疗信息;(3)医生被要求出于诉讼目的进行医学评估。