Friday, November 26, 2010

Court Overturns Vermont Prohibition of Doctor Prescription Tracking

The decision is here. "Because we find that section 17 is an impermissible restriction on commercial speech under Central Hudson, we reverse and remand."

These prohibitions are part of a witch hunt against the prescribing of brand name medications to dark skinned people on Medicaid. They want to interfere with their use in drug sales, pitching, and detailing to doctors.

The drug company sales aside, these databases serve another purpose. They are the best indicator of a standard of care. If hundreds or thousands of doctors are prescribing the same thing, the same way, for the same off label purpose, then that is the very best, empirically based indicator of the standard of care.

Innocent defendants in medical malpractice suits, if accused of misusing medication, can get the database. It will show many doctors do the same thing. It is the best indicator. Guidelines represent the medicine of the past.

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