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Medical Forum / General / Dentistry / March 2006

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Another question of ethics

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Drilled to see you - 28 Mar 2006 14:39 GMT
I have a local dentist 3 miles away.
She's been referring me to an oral surgeon's office about 25-30 miles
away.
After various problems with both dentists, I do some research, only to
discover they're married to each other. Neither mentioned this before.
They have different last names.
When I brought this to their attention, I was told that there's no
problem, as they "don't share or talk about clients, make money from
each other, etc."
But each owns their own practices and obviously the same household
*would* profit from this. When asked why she didn't refer me to
another, much closer dentist, she replied that he wasn't an oral
surgeon.
That however, is wrong. The closer dentist is not only a surgeon, he
has 30 years of experience- twice as much as her. His office is filled
with awards for all sorts of specialties and advanced classes and he
solved a problem that neither other dentist could and that both
misdiagnosed.

My question, while possibly not illegal, is this ethical?
Is it right to refer one to their spouse, much farther away, when not
only is another qualified dentist closer, but also more experienced and
less expensive?
I am in California.

Thank you for your time.
lexmale43@aol.com - 28 Mar 2006 16:08 GMT
In my office we usually will give the patient a list of local possible
referrals and let the patient decide on who to see.  We are fortunate
to not have your situation where an ethics question exists.  I
personally would have a problem with referring exclusively to my
spouse.  I think at least disclosure of the relationship would have
been appropriate.  It certainly is legal to refer to whoever you feel
is competant to perform the procedure.

> I have a local dentist 3 miles away.
> She's been referring me to an oral surgeon's office about 25-30 miles
[quoted text clipped - 22 lines]
>
> Thank you for your time.
Mark & Steven Bornfeld - 28 Mar 2006 16:08 GMT
> I have a local dentist 3 miles away.
> She's been referring me to an oral surgeon's office about 25-30 miles
[quoted text clipped - 22 lines]
>
> Thank you for your time.

    Good question.  It's a much bigger one than that--doctors routinely
refer to their buddies.
    IMO there is no ethical obligation to fully divulge the nature of any
extra-professional relationship between the referrER and the referrEE.
However, if the referral is inappropriate CLINICALLY, the referring
dentist carries both an ethical and legal liability if the
inappropriateness could reasonably be known.  The fee business isn't an
issue; I don't know anything about a doctor's fees unless I myself have
been a patient or if a patient comes back and reports.  My obligation is
to make a referral to a highly skilled specialist.
    Many of the risk management courses will recommend you do NOT refer to
a single specialist, esp. if there are several in the area--to avoid the
APPEARANCE of impropriety.  I understand this, and I agree (where it is
possible--it often is not).
    There are of course other ethical issues relative to referral.  One of
the most common I encounter is a patient who comes to me because I
participate in their insurance;  I need to refer to a specialist, but
there is only one endodontist (for example) in Brooklyn who accepts
their insurance, and let's say (for argument's sake) that he's a bum.
The patient wishes to go to a participating specialist.  How do I refer?

Steve

Signature

Mark & Steven Bornfeld DDS
http://www.dentaltwins.com
Brooklyn, NY
718-258-5001

 
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