Tuesday, March 3, 2009


Department of Justice Picks Up the Knife

Today's NYT has an interesting article about the DOJ's current move toward increased civil and criminal prosecution against physicians--mostly surgeons--who ask for kickbacks from device companies for using their products.

But what is a kickback? And how does one distinguish between what companies and docs might call consultancy arrangements and the DOJ calls criminal behavior? Is it a question of proving purely self-aggrandizing intent--having, in essence, recordings of docs making sweet deals for themselves? And at what point does this become criminal behavior rather than a violation of professional ethics?

Curious minds really do want to know.


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