Allies Not Adversaries- Teaching Collaboration to the Next Genera
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Allies Not Adversaries- Teaching Collaboration to the Next Genera
Journal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Genera Lawyers to Address Social InequalityElizabeth Tobin TylerFollow this and additional works at: http://digitalcommons.law.umaryland.edu/jhclpPart of the Health Law Commons, and the Medical Education CommonsRecommended CitationElizabeth T. Týler, AỈÌKÍ Not Adnvsrirtti.-Colhttamttton to rhe Next Ginfrv Allies Not Adversaries- Teaching Collaboration to the Next GeneraMfi ẹf DữơMí and Lawytn to Address Socialiw^ahty, 11 j. Health Care L. & Pol y 249 (2008).Available at: http://dlgitaIAllies Not Adversaries- Teaching Collaboration to the Next Genera
oll l/fes2/41 his Article is brought to you tor tree and open access by DigltalCommonsitfL’M Carey Law. It has been accepted for Indudoo in Journal ofJournal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next GenerandedaALLIES NOT ADVERSARIES: TEACHING COLLABORATION TOTHE NEXT GENERATION OF DOCTORS AND LAWYERS TO ADDRESS SOCIAL INEQUALITYElizabeth Tobin Tyler*Introduction"Medicolegal education in law and medical schools can give students a chance to discover ‘that the other group did not come congenitally equi Allies Not Adversaries- Teaching Collaboration to the Next Generapped with either horns or pointed tails.Stories of the antagonism between doctors and lawyers are deeply embedded in American culture. A 2005 New YorkAllies Not Adversaries- Teaching Collaboration to the Next Genera
er cartoon jokes, “Hippocrates off the record: First, treat no lawyers.”* 1 2 The distrust and hostility are not new. A commentator noted in 1971:The Journal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Genera Tobin Tyler.• Director of Public Service and Community Partnerships, and Lecturer in Public Interest Law. Roger Williams University School of Law (Bristol, RI). 1 would like to thank Dr. Patricia Flanagan. Dr. Jay Baruch, and Dr. Alicia Monroe from the Warren Alpert Medical School of Brown Universi Allies Not Adversaries- Teaching Collaboration to the Next Generaty for their willingness to venture with me into medical-legal teaching and for their invaluable assistance and support for this article. I also thankAllies Not Adversaries- Teaching Collaboration to the Next Genera
Dean David Logan, and my friend and colleague, Laurie Barron, for their constant support of this work. Special thanks to Ellen Lawton, Pamela Tames, Journal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Genera Bolino for their excellent research assistance.1.Benjamin J. Naitove, Comment, Medicolegal Education and the Crisis in Interprofessional Relations, 8 AM. J.L. & MED. 293, 304 (1982) (quoting Frederic K. Spies et al., Teaching Law Students in the Medical Schools, 77 Surgery 793, 795 (1975)).2.Lee Lo Allies Not Adversaries- Teaching Collaboration to the Next Generarenz, Hippocrates Off the Record, New Yorker, Mar. 7, 2005 (on file with author); accord John Gibcaut, The Med-Mai Divide, 91 /X.B.A. J., Mar. 2006, aAllies Not Adversaries- Teaching Collaboration to the Next Genera
t 39,40 ("But for as much as they fear the justice system, many doctors just plain despise lawyers.”); Randye Retkin et al., Lawy ers and Doctors WorkJournal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Generasurance); Laura Parker, Medical Malpractice Battles Get Personal, U.S.A. Today. June 14. 2004, at IA (“Some doctors arc refusing medical treatment to lawyers, their families and their employees except in emergencies ”). See William M. Sage, The Lawyerization of Medicine, 26 J. Health Pol., POL’Y & L Allies Not Adversaries- Teaching Collaboration to the Next Genera. 1179, 1181-84 (2001), for a historical summary of the divergence of the two professions.249250JOURNAL OF Health Care Law & POLICY [Vol. 11:249communAllies Not Adversaries- Teaching Collaboration to the Next Genera
ication; failure of understanding of basic professional objectives, methods, and philosophy of the co-professional; and above all, the mystique built Journal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Generagal and medical practitioners and educators have begun to focus on what the professions have in common and what they have to offer one another. In fact, lawyers and doctors share many professional values. They both value professional autonomy and decision-making; both have a fundamental fiduciary du Allies Not Adversaries- Teaching Collaboration to the Next Generaty to the individual client or patient;4 and “[b]oth professions have ethical aspirations and legal obligations to provide services to the community aAllies Not Adversaries- Teaching Collaboration to the Next Genera
nd individuals who cannot afford to pay them.”5It is this third shared value—the aspiration and obligation of lawyers and doctors to provide sendees tJournal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Generafocus on the issue of social inequality and its effect on health and access to justice. The medical and legal professions are searching for ways to engage individual practitioners as well as their respective professional associations to better serve increasingly diverse and underserved populations. Allies Not Adversaries- Teaching Collaboration to the Next GeneraOne of the most effective ways to address social disparity, and, in particular, its impact on children’s health, is for lawyers and doctors to join foAllies Not Adversaries- Teaching Collaboration to the Next Genera
rces as advocates for poor families.6Through a burgeoning medical-legal partnership movement, lawyers and doctors are finding that working together toJournal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Generae satisfying and fulfilling. In 1993, Dr. Barry Zuckerman, Chief of Pediatrics at Boston Medical Center, piloted a novel idea— developing a legal practice, the Family Advocacy Program, within the pediatric3.Martin Lloyd Norton, Development of an Interdisciplinary Program of Instruction in Medicine a Allies Not Adversaries- Teaching Collaboration to the Next Generand Law, 46 J. Med. Educ. 405,405 (1971).4.Tracy V. Merrell Dow Pharmaceuticals, Inc., 569 N.E.2d 875, 879 (Ohio 1991) (holding that physicians have aAllies Not Adversaries- Teaching Collaboration to the Next Genera
fiduciary duty to their patients); MODEL RULES OF PROF’L Conduct R. 1.6, 1.7 (2003) (establishing fiduciary duties for lawyers, such as the duty of coJournal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Allies Not Adversaries- Teaching Collaboration to the Next Generaysicians, 294 JAMA 2083, 2084 (2005). Jacobson and Bloche conclude that “mutual distrust between attorneys and physicians impedes reasoned exploration of important health care delivery and policy issues. ... A stable and rational health policy environment requires effective collaboration between the Allies Not Adversaries- Teaching Collaboration to the Next Genera legal and medical professions.” Id. at 2085.6.See infra Part I.2008]ALLIES Not Adversaries251Journal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors and Journal of Health Care Law and PolicyVolume 11 I Issue 2Article 4Allies Not Adversaries: Teaching Collaboration to the Next Generation of Doctors andGọi ngay
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