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Balancing a Patient’s Request with a Physician’s Ethical Standards

By Melissa Young, MD | January 16, 2012

I am sure that we all get various requests for letters and forms. You know, letters of medical necessity for medications or treatments, and the forms for prior authorizations or the appeals for claims that were denied.

Every now and then, I get other requests for letters to be written and forms to be filled out, and I find that sometimes I am caught between the desire to help a patient out and my moral objection to what they want to accomplish.

(MORE: Balancing Bureaucracy and Patient Care as a Physician)

For example, I get requests from time-to-time from patients for letters to get them out of jury duty. On the one hand, I can understand how someone with diabetes maybe unable to have access to food or their testing supplies if they have a hypoglycemic episode, but on the other hand, I believe in our judicial system, and feel it is everyone’s responsibility to participate, and sometimes that means being on a jury.

A more troubling request I once received was from a patient who recently got pulled over for a DUI. He had come to the office for a routine visit, and when I asked him how things were going, he said he had been pulled over recently. He admitted he had had a drink or two, but that he wasn’t intoxicated. He asked me if I could write a letter saying that people who have diabetes could have symptoms that make them look intoxicated.

I wrote a letter to that effect, making general statements that under certain circumstances diabetics who have hypoglycemia can be disoriented, etc. I did not make any reference to this particular patient nor did I suggest that he had been hypoglycemic. Later, he called me to ask me to testify in his behalf at trial. At this point, he let me know that he had a blood alcohol(Drug information on alcohol) level that was above the legal limit. I told him that I did not think I would be able to help him. He asked me to speak to his lawyer. I did, but I was afraid that the lawyer would try to convince me to testify. To my pleasant surprise, he did not. As a matter of fact, he basically told me what I already knew. That it would be waste of the patient’s money, a waste of my time and a fruitless effort.

I want to help my patients out when I can, but I sometimes feel like I am caught between a rock and a hard place when what they ask me to do goes against what I believe is right. I don’t want to impose my moral values on others, but I do have to work within the confines of what is legal and ethical.

Find out more about Melissa Young and our other Practice Notes bloggers.

 

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by White Coat Investor | February 07, 2012 1:15 PM EST

You did the right thing. In fact, you could have even gone to testify. You could say, yes, hypoglycemia makes people look drunk. It wouldn't have helped the patient since they had a BAL over the legal limit and nobody had a glucose anyway.

What you shouldn't do is do all that for free. You should charge a fee for the letter, and a hefty expert witness fee. No reason to do this stuff pro bono.

The hardest ones for me are work notes, especially if the patient has something I would go to work with. But I know I'm a little unusual in that I've worked shifts with an IV in. I've missed one day of work in 8 years (and I worked the day before that with an IV in.) So I try to give the patients the benefit of the doubt.

by William Braden | January 17, 2012 3:31 PM EST

A colleague once helped out a patient by writing her prescription for Xanax in her mother's name so it would be covered by the mother's insurance. The patient got mad at him for some reason and reported the fraud; he was disciplined by the Board.
Kindly intentions don't count for much when you're breaking the rules.
My rule of thumb is to interpret things as favorably to my patient as I can -- but not lie.

by Tammy Shaver | January 17, 2012 2:46 PM EST

I am not a physician, but I am a certified coder who has a code of ethics to follow. A patient should never jeopardize your medical license by asking you to do something you know is wrong. And you should not have to feel bad for refusing to do it. Your license, for which you worked very long and hard for, is not worth losing over one disgruntled patient.

by Maggie Whitelock | January 17, 2012 2:41 PM EST

Yes, like when a patient wants an office visit re-coded with a different diagnosis that their insurance will cover and they won't be out-of-pocket. Get lots of those.

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Dealing with the Absence of a Physician in Private Practice

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Picking the Right Health Insurance for Medical Practice Staff

An Employee Benefit to Consider for Your Medical Practice

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In Private Practice, There's Very Little 'Off' Time

Retirement Plans for Medical Practice Staff a Great Investment

Patient Satisfaction: You Can't Please Everyone

Dealing with Difficult Patients a Part of the Job as a Physician

Going into Medicine ‘to Help People’ Not a Bad Reason at All

Having Students at My Medical Practice Provides Lessons in Liability

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