Medical doctors should choose treatment regimens based on what is best for their patients. Unfortunately, kickback schemes for prescription medications undermine this patient focus.
There have been multiple high-profile settlements for millions in Illinois as a result of drug manufacturers and others offering physicians kickbacks. Patients need to be aware that their doctors could recommend medications for their own financial gain instead of the best outcome for their patients.
How kickbacks influence doctors
A kickback scheme is effectively a means of increasing a drug company’s market share by manipulating doctors. Kickbacks are incentives provided by drug manufacturers to physicians for prescribing their medications. Doctors may receive money or other valuable items, such as meals, trips or electronics, in return for prescribing certain medications.
Doctors may give preferential consideration to medications when they are eligible for a kickback. This undermines the quality of care that patients receive and may potentially result in people taking unnecessary medications. Patients may incur substantial costs because their physicians recommend more expensive prescriptions when there are cost-effective solutions available.
The law prohibits kickback schemes
The federal Anti-Kickback Statute specifically prohibits an exchange of valuable items or financial rewards for referring clients to specific providers or prescribing medications. Physicians could face criminal penalties including up to $100,000 in fines, 10 years in prison and orders of restitution, if appropriate. Medical practices and hospitals could be at risk of becoming ineligible to take federal health insurance.
The Illinois State Attorney General routinely pursues legal action against drug companies and even medical equipment manufacturers offering kickbacks. Recently, the state announced a $202 million multi-state settlement with a drug maker because of a kickback scheme.
Patients can empower themselves
There are several ways for patients to protect themselves from doctors who do not have their best interests at heart. Patients in Chicago can use the Open Payments database to research individual doctors.
During appointments where doctors recommend medication, patients can ask questions about their treatment options. They can even email or call the practice afterward to follow up after they have looked into the medication recommended and alternative options.
In cases where a kickback scheme resulted in a poor medical outcome, the patient affected could have grounds for a medical malpractice lawsuit. They may need to review their medical records with an attorney to determine if they can take legal action for malpractice or act as whistleblowers.
Doctors should always prioritize what is best for their patients when choosing a treatment plan. Kickback schemes endanger patient health and undermine the trust critical to effective health care relationships. Those negatively affected by doctors who don’t fulfill their duty to patients have protection under the law. Pursuing a medical malpractice lawsuit can help people recover financially while holding unethical health care professionals accountable.