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No More Free Lunch!
We all know that pharmaceutical representatives are often seen in physicians' offices, providing the doctors and their staffs with complimentary lunches or dropping off pens, notepads and free samples of the drugs they are marketing. In fact, when going into doctors' offices for depositions, many attorneys I know are frequently and mistakenly asked what drug company they represent. While these office visits and catered lunches seem to be commonplace in physicians' offices courtesy of pharmaceutical industry representatives, a patient must wonder how much influence these freebies have over a physician's judgment and decision-making.
What Can Patients Do?
Legally speaking, a cause of action for a physician's failure to disclose a financial relationship with a drug company or medical device manufacturer may take the form of a medical malpractice case for lack of informed consent or breach of fiduciary duty. After all, a physician has a fiduciary relationship with his or her patient and has a duty to disclose information that is material to a patient's decision.
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