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Are there any laws regarding employers imposing a conflict of interest by putting your professional license at risk?

Miami Beach, FL |

Specifically regarding physician work conditions and pressure to see more patients in less time making decision making ability and patient safety a concern leading to risk of malpractice against the professional license of the physician- the conflict of interest being the ethical obligation to care for the patient mixed with the work obligation to see a certain number of patients in a period of time?

Attorney Answers 1

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I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

This is a serious issue involving social policy as well as medicine. Some attorneys are faced with the same dilemma, particularly those in some legal services or public defender situations. There are safe workplace laws and regulations that are designed to protect the public from harm from toxins, exhausted truck drivers, and more. Medicine is a particularly difficult field, however, given the industry's practice of ridiculously long hours during internship and residency, and the pressure brought on by managed care.

This country's health care policies are profit-driven rather than care-driven. This leads to decisions based on economics, not on health and safety. The solution is not legal but political. I urge you to vote for candidates that support people above profits.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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