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  1. Physicians under the Influence: Social Psychology and Industry Marketing Strategies.Sunita Sah & Adriane Fugh-Berman - 2013 - Journal of Law, Medicine and Ethics 41 (3):665-672.
    Pharmaceutical and medical device companies apply social psychology to influence physicians' prescribing behavior and decision making. Physicians fail to recognize their vulnerability to commercial influences due to self-serving bias, rationalization, and cognitive dissonance. Professionalism offers little protection; even the most conscious and genuine commitment to ethical behavior cannot eliminate unintentional, subconscious bias. Six principles of influence — reciprocation, commitment, social proof, liking, authority, and scarcity — are key to the industry's routine marketing strategies, which rely on the illusion that the (...)
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  • Physicians under the Influence: Social Psychology and Industry Marketing Strategies.Sunita Sah & Adriane Fugh-Berman - 2013 - Journal of Law, Medicine and Ethics 41 (3):665-672.
    It is easier to resist at the beginning than at the end.– Leonardo da VinciPhysicians often believe that a conscious commitment to ethical behavior and professionalism will protect them from industry influence. Despite increasing concern over the extent of physician-industry relationships, physicians usually fail to recognize the nature and impact of subconscious and unintentional biases on therapeutic decision-making. Pharmaceutical and medical device companies, however, routinely demonstrate their knowledge of social psychology processes on behavior and apply these principles to their marketing. (...)
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  • Rooting Out Institutional Corruption to Manage Inappropriate Off‐Label Drug Use.Marc A. Rodwin - 2013 - Journal of Law, Medicine and Ethics 41 (3):654-664.
    Prescribing drugs for uses that the FDA has not approved — off-label drug use — can sometimes be justified but is typically not supported by substantial evidence of effectiveness. At the root of inappropriate off-label drug use lie perverse incentives for pharmaceutical firms and flawed oversight of prescribing physicians. Typical reform proposals such as increased sanctions for manufacturers might reduce the incidence of unjustified off-label use, but they do not remove the source of the problem. Public policy should address the (...)
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  • Rooting Out Institutional Corruption to Manage Inappropriate Off-Label Drug Use.Marc A. Rodwin - 2013 - Journal of Law, Medicine and Ethics 41 (3):654-664.
    The Food and Drug Administration authorizes the marketing of a drug only for uses that the manufacturer has demonstrated to be safe and effective, based on evidence from at least two clinical trials. However, the FDA does not regulate the practice of medicine, so physicians may prescribe drugs in any manner they choose. Prescribing drugs in ways that deviate from the uses specified in the FDA-approved drug label, package insert, and marketing authorization is referred to as off-label prescribing. This occurs (...)
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  • Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France, and Japan.Marc A. Rodwin - 2011 - Journal of Law, Medicine and Ethics 39 (4):662-670.
    This article compares the means that the United States, France, and Japan use to oversee pharmaceutical industry-physician financial relationships. These countries rely on professional and/or industry ethical codes, anti-kickback laws, and fair trade practice laws. They restrict kickbacks the most strictly, allow wide latitude on gifts, and generally permit drug firms to fund professional activities and associations. Consequently, to avoid legal liability, drug firms often replace kickbacks with gifts and grants. The paper concludes by proposing reforms that address problems that (...)
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  • Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France, and Japan.Marc A. Rodwin - 2011 - Journal of Law, Medicine and Ethics 39 (4):662-670.
    Post-industrial societies confront common problems in pharmaceutical industry-physician relations. In order to promote sales, drug firms create financial relationships that influence physicians' prescriptions and sometimes even reward physicians for prescribing drugs. Three main types exist: kickbacks, gifts, and financial support for professional activities. The prevalence of these practices has evolved over time in response to changes in professional codes, law, and markets. There are certainly differences among these types of ties, but all of them can compromise physicians' independent judgment and (...)
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  • Corruption of Pharmaceutical Markets: Addressing the Misalignment of Financial Incentives and Public Health.Marc-André Gagnon - 2013 - Journal of Law, Medicine and Ethics 41 (3):571-580.
    This paper explains how the current architecture of the pharmaceutical markets has created a misalignment of financial incentives and public health that is a central cause of harmful practices. It explores three possible solutions to address that misalignment: taxes, increased financial penalties, and drug pricing based on value. Each proposal could help to partly realign financial incentives and public health. However, because of the limits of each proposal, there is no easy solution to fixing the problem of financial incentives.
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  • Corruption of Pharmaceutical Markets: Addressing the Misalignment of Financial Incentives and Public Health.Marc-André Gagnon - 2013 - Journal of Law, Medicine and Ethics 41 (3):571-580.
    This article argues that the misalignment of private profit-maximizing objectives with public health needs causes institutional corruption in the pharmaceutical sector and systematically leads firms to act contrary to public heath. The article analyzes how financial incentives generate a business model promoting harmful practices and explores several means of realigning financial incentives in order to foster therapeutic innovation and promote the rational use of medicines.
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  • Understanding Pharmaceutical Research Manipulation in the Context of Accounting Manipulation.Abigail Brown - 2013 - Journal of Law, Medicine and Ethics 41 (3):611-619.
    The problem of the manipulation of data that arises when there is both opportunity and incentive to mislead is better accepted and studied — though by no means solved — in financial accounting than in medicine. This article analyzes pharmaceutical company manipulation of medical research as part of a broader problem of corporate manipulation of data in the creation of accounting profits. The article explores how our understanding of accounting fraud and misinformation helps us understand the risk of similar information (...)
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  • Understanding Pharmaceutical Research Manipulation in the Context of Accounting Manipulation.Abigail Brown - 2013 - Journal of Law, Medicine and Ethics 41 (3):611-619.
    Good decision-making requires reliable information. In medicine, relevant information comes from clinical trials and other forms of scientific research. In business, one source is in corporate annual financial statements. As for-profit, publicly traded companies whose business is discovering, manufacturing, and marketing drugs, pharmaceutical companies sit at the nexus of these two fields. Determining the safety and efficacy of a pharmaceutical product and determining the profitability of a complex enterprise are similarly difficult tasks: each is fraught with deeply ambiguous information that (...)
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