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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2017

Civil Procedure

Fordham Law Review

Medical ghostwriting; RICO; civil RICO; racketeer influenced and corrupt organizations act; medical journals; civil law; litigation; legislation; physicians; organized crime; medicine; medical information

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Confronting The Ghost: Legal Strategies To Oust Medical Ghostwriters, Deanna Minasi Oct 2017

Confronting The Ghost: Legal Strategies To Oust Medical Ghostwriters, Deanna Minasi

Fordham Law Review

Articles published in medical journals contribute significantly to public health by disseminating medical information to physicians, thereby influencing prescribing practices. However, the information guiding treatment decisions becomes distorted by selective publishing and medical ghostwriting, which negatively affects overall patient care. Although there is general consensus in the medical community that these practices of publication bias represent a moral failing, the issue is rarely framed as a wrong that necessitates legal consequences. This Note takes the stance that medical ghostwriting constitutes an act prohibited under the Racketeer Influenced and Corrupt Organizations Act (RICO) and argues that physicians fraudulently named as authors …