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Friday, November 17, 2017

eClinicalWorks sued for nearly $1 billion for inaccurate medical records

The claim of “breach of fiduciary duty“ is very interesting. Modern bioethics acknowledges that there exists cofiduciary obligations to the patient. No longer is the physician the sole fiduciary in the care of the patient. For instance, insurance companies condition access to care. The best orthopedic surgeon with excellent outcomes and lowest complications may be in your city, however, because that individual may not be “in network” with your insurance, your access to best care comes with a condition. There may be better devices or medications with proven superiority, reliability and performance, but because the facility may have pre-existing contracts you may not have access to those products. These are all examples of the import of cofiduciary obligations. Potential compromise in cofiduciary obligations to the patient is not uncommon. What is lacking is transparency to the patient regarding those potential compromises.
from Rajesh Harrykissoon, MD