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Abstract
The ubiquitous access by patients to online information about health issues is disrupting the traditional doctor-patient relationship in fundamental ways. The knowledge imbalance has shifted and the last nails are being hammered into the coffin of medical paternalism. Ready access to Dr Google has many positive aspects but the risk of undiscerning acceptance by patients of unscientific, out-of-date or biased information for their decision-making remains. In turn this may feed into the content of the legal duty of care for doctors and contribute to a need for them to inquire sensitively into the sources of information that may be generating surprising or apparently illogical patient treatment choices. In addition, patients, those related to patients, and others have the potential to publish on the Internet incorrect and harmful information about doctors. A number of influential decisions by courts have now established the legitimacy of medical practitioners taking legal proceedings for defamation and injunctive relief to stop vituperative and vindictive online publications that are harming them personally, reputationally and commercially. Furthermore, disciplinary accountability has been imposed on doctors for intemperate, disrespectful online postings. All of these factors are contributing to a disruptive recalibration of the dynamics between doctors and their patients.
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Affiliation(s)
- Ian R Freckelton
- Barrister, Crockett Chambers, Melbourne, Australia; Judge, Supreme Court of the Republic of Nauru; Professorial Fellow, Law and Psychiatry, University of Melbourne; Adjunct Professor of Forensic Medicine, Monash University, Australia; Adjunct Professor, Johns Hopkins University, USA
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Cooke BK, Goddard ER, Werner TL, Cooke EO, Griffith EEH. The risks and responsible roles for psychiatrists who interact with the media. J Am Acad Psychiatry Law 2014; 42:459-468. [PMID: 25492072] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 06/04/2023]
Abstract
Journalists often turn to psychiatrists for analysis of medical, social, political, and cultural events that involve human behavior and illness. Once journalists seek their expertise, psychiatrists often rush to be helpful, which can lead to ineffective performance and to statements that may run afoul of principles of professional ethics. In this article, we discuss the bases on which the professionalism of psychiatrists may be impugned when they commit errors in their media presentations. Found within the Principles of Medical Ethics with Special Annotations Especially Applicable to Psychiatry, the Goldwater Rule prohibits certain behaviors when psychiatrists share professional opinions with the public. We first discuss the Goldwater Rule, highlighting the events that led to its development and the professional response to its enactment. We then present a method to guide psychiatrists in their interaction with the media that will help them avoid violating ethics principles or the law. The method encourages knowledge of a framework of ethics principles that in turn guide the psychiatrist's behavior and thinking as he contemplates accepting invitations to interact with the media. The ethics-based roles include the Teacher, the Storyteller, the Celebrity Commentator, the Hollywood Consultant, the Clinician, and the Advertiser.
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Affiliation(s)
- Brian K Cooke
- Dr. B. Cooke is Assistant Professor, and Dr. Werner is Associate Professor and Vice Chair, Department of Psychiatry; and Dr. E. Cooke is an adjunct clinical post-doc associate, Department of Radiology, University of Florida College of Medicine, Gainesville, FL. Dr. Griffith is Professor Emeritus and Senior Research Scientist, Department of Psychiatry and Professor Emeritus of African-American Studies, Yale School of Medicine, New Haven, CT. Dr. Goddard was a fellow, University of Florida, Gainesville, FL. Dr. Griffith is involved in the editorial leadership of The Journal. However, he did not participate in any aspect of this article's review and acceptance, which were managed by an ad hoc editor who is not a member of the Editorial Board. An earlier version of the ideas from this manuscript was presented at the 42nd Annual Meeting of the American Academy of Psychiatry and the Law, Boston, MA, October 27, 2011.
| | - Emily R Goddard
- Dr. B. Cooke is Assistant Professor, and Dr. Werner is Associate Professor and Vice Chair, Department of Psychiatry; and Dr. E. Cooke is an adjunct clinical post-doc associate, Department of Radiology, University of Florida College of Medicine, Gainesville, FL. Dr. Griffith is Professor Emeritus and Senior Research Scientist, Department of Psychiatry and Professor Emeritus of African-American Studies, Yale School of Medicine, New Haven, CT. Dr. Goddard was a fellow, University of Florida, Gainesville, FL. Dr. Griffith is involved in the editorial leadership of The Journal. However, he did not participate in any aspect of this article's review and acceptance, which were managed by an ad hoc editor who is not a member of the Editorial Board. An earlier version of the ideas from this manuscript was presented at the 42nd Annual Meeting of the American Academy of Psychiatry and the Law, Boston, MA, October 27, 2011
| | - Tonia L Werner
- Dr. B. Cooke is Assistant Professor, and Dr. Werner is Associate Professor and Vice Chair, Department of Psychiatry; and Dr. E. Cooke is an adjunct clinical post-doc associate, Department of Radiology, University of Florida College of Medicine, Gainesville, FL. Dr. Griffith is Professor Emeritus and Senior Research Scientist, Department of Psychiatry and Professor Emeritus of African-American Studies, Yale School of Medicine, New Haven, CT. Dr. Goddard was a fellow, University of Florida, Gainesville, FL. Dr. Griffith is involved in the editorial leadership of The Journal. However, he did not participate in any aspect of this article's review and acceptance, which were managed by an ad hoc editor who is not a member of the Editorial Board. An earlier version of the ideas from this manuscript was presented at the 42nd Annual Meeting of the American Academy of Psychiatry and the Law, Boston, MA, October 27, 2011
| | - Erinn O Cooke
- Dr. B. Cooke is Assistant Professor, and Dr. Werner is Associate Professor and Vice Chair, Department of Psychiatry; and Dr. E. Cooke is an adjunct clinical post-doc associate, Department of Radiology, University of Florida College of Medicine, Gainesville, FL. Dr. Griffith is Professor Emeritus and Senior Research Scientist, Department of Psychiatry and Professor Emeritus of African-American Studies, Yale School of Medicine, New Haven, CT. Dr. Goddard was a fellow, University of Florida, Gainesville, FL. Dr. Griffith is involved in the editorial leadership of The Journal. However, he did not participate in any aspect of this article's review and acceptance, which were managed by an ad hoc editor who is not a member of the Editorial Board. An earlier version of the ideas from this manuscript was presented at the 42nd Annual Meeting of the American Academy of Psychiatry and the Law, Boston, MA, October 27, 2011
| | - Ezra E H Griffith
- Dr. B. Cooke is Assistant Professor, and Dr. Werner is Associate Professor and Vice Chair, Department of Psychiatry; and Dr. E. Cooke is an adjunct clinical post-doc associate, Department of Radiology, University of Florida College of Medicine, Gainesville, FL. Dr. Griffith is Professor Emeritus and Senior Research Scientist, Department of Psychiatry and Professor Emeritus of African-American Studies, Yale School of Medicine, New Haven, CT. Dr. Goddard was a fellow, University of Florida, Gainesville, FL. Dr. Griffith is involved in the editorial leadership of The Journal. However, he did not participate in any aspect of this article's review and acceptance, which were managed by an ad hoc editor who is not a member of the Editorial Board. An earlier version of the ideas from this manuscript was presented at the 42nd Annual Meeting of the American Academy of Psychiatry and the Law, Boston, MA, October 27, 2011
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