The problem is not so much physician ignorance as a failure of informed consent in the physician-attorney relationship. Many questionable medical business practices are the consequence of joint ventures and other business arrangements that were structured by attorneys. Most of these business deals were not clearly illegal at the time they were established. They were, however, clearly questionable, and some have subsequently been declared illegal. Yet few physicians were apprised of the risks of these deals. They relied on their attorneys' expert judgment, just as patients must rely on their physicians' expert judgment when consenting to medical care.Doherty JF Jr: Doctors' bills can come under RICO's scope. Nat L J 1989 Sep 25:12. Brief of the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, the American Fertility Society, the American Medical Association, the American Medical Women's Association, Inc., as amici curiae in support of petitioners. Rust v. Sullivan, 111 SCt 1759 (1991).
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