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Question 101
An orthopaedic surgeon frequently uses hip and knee prostheses from a specific manufacturer. The surgeon becomes acquainted with the manufacturer's representative who provides the support for these prostheses in the hospital. They develop a personal relationship outside of work through a common interest in sailing. Together they become interested in buying a sailboat. The manufacture's representative suggests a partnership in a boat costing $200,000. The manufacture's representative would purchase a 90% interest and the surgeon a 10% interest in the boat. There would be no restrictions on use of the boat by the surgeon. What should the orthopaedic surgeon do?
Explanation
Rejecting this proposal is the only appropriate course of action. Accepting it would, in essence, be receiving a huge gift from industry in the form of a sailboat. Physicians frequently assert that they are not influenced by gifts and relationships with industry representatives, but evidence is to the contrary. Such an arrangement constitutes a tremendous incentive to use the manufacturer's products. The fact that the boat partnership seems completely outside of the orthopaedic business relationship does not excuse it. Conflicts of interest should always be resolved and in the best interest of patient care, and in this case the best course clearly is to avoid the conflict of interest totally. An equal interest in the boat does not eliminate the conflict of interest. AAOS Standard of Professionalism -Orthopaedist -Industry Conflict of Interest (Adopted 4/18/07), Mandatory Standard numbers 6-8. www3.aaos.org/member/profcomp/SOPConflictsIndustry.pdf Opinions on Ethics and Professionalism: The Orthopaedic Surgeon's Relationship with Industry (Document 1204), in Guide to the Ethical Practice of Orthopaedic Surgery, ed 7. Rosemont, IL, American Academy of Orthopaedic Surgeons, 2007, pp 36-40. www.aaos.org/about/papers/ethics/1204eth.asp AdvaMed Code of Ethics on Interactions with Health Care Professionals, Advanced Medical Technology Association, Washington, DC. www.AdvaMed.org
