Restoring Medical Professionalism: Physicians as Advocates for Their Patients

Friday, March 25th - Saturday, March 26th, 2022

Add to Calendar: Add to Calendar: 2022-03-25 09:00:00 2022-03-26 13:00:00 Restoring Medical Professionalism: Physicians as Advocates for Their Patients Event Description The Law-Medicine Center at Case Western Reserve University School of Law is hosting an interdisciplinary conference titled “Restoring Medical Professionalism: Physicians as Advocates for Their Patients,” which will explore ways in which physicians can be supported when they advocate for their patients’ welfare. The event will be held on Friday, March 25, and Saturday morning, March 26, 2022. The ability of physicians to advocate for their patients is an essential aspect of their professionalism, and critical for patient trust and well-being. Modern medicine recognized this by stating at the outset of the first modern code of medical ethics that patient welfare depended on physicians’ “skill, attention, and fidelity,” and the law accordingly regards physicians as fiduciaries for their patients. Yet pressures on physicians from employers and others have limited physicians’ ability to fulfill this vital obligation. One response might be to punish physicians who succumb to these pressures, but a better solution would be to support physicians who resist them. The March conference therefore will explore ways to strengthen physicians’ ability to advocate for their patients. Many people think it is too late, that physicians have irretrievably lost this crucial aspect of professionalism, but for the sake of patients and the profession, this conference hopes that this is not the case. The conference will be open to the public, webcast, and videotaped for later viewing. It will begin with proposals from invited experts, followed by discussion with the presenters, other experts, and the general audience. Following the conference, a report and recommendations will be published in the Case Western Reserve University health law journal, Health Matrix, and publicly disseminated. Schedule of Events Friday, March 25 8 a.m.–8:45 a.m.  Continental Breakfast 9 a.m.–9:40 a.m.  Welcome & Introduction Max Mehlman, Professor, Case Western Reserve University School of Law & Co-Director, Law-Medicine Center 9:40 a.m.–10:20 a.m. American Medicine: On the Square Robert Bitonte, MD, JD, American Academy of Legal Medicine Moderator: Professor Max Mehlman, Case Western Reserve University School of Law 10:20 a.m.–10:35 a.m. Break 10:35 a.m.–11:15 a.m. MICRA: The History and the Current Challenge Sarah Scher, JD, RN, Chief Executive Officer, Cooperative American Physicians Moderator: Professor Max Mehlman, Case Western Reserve University School of Law 11:15 a.m.–11:55 a.m. The Growing Role of Private Equity in Health Services Mark Hall, J.D., Professor of Law and Public Health, Wake Forest University Moderator: Professor Max Mehlman, Case Western Reserve University School of Law 11:55 a.m.–12:30 p.m. Lunch 12:30 p.m.–1:10 p.m. Physician Unionization Stuart Bussey, MD, JD, President, Union of American Physicians and Dentists Robert Bitonte, MD, JD, American Academy of Legal Medicine Moderator: Professor Max Mehlman, Case Western Reserve University School of Law 1:10 p.m.–1:50 p.m. Beyond Morals of the Marketplace: Lawyers as Fiduciaries Milan Markovic, JD, MA, Professor, Presidential Impact Fellow, and a Co-Convener of the Program in Law and Social Science at Texas A&M University School of Law Moderator: Professor Max Mehlman, Case Western Reserve University School of Law 1:50 p.m.–2:30 p.m. Strengthening Legal Protections for Physicians Who Advocate for their Patients Max Mehlman, J.D., Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law 2:30 p.m.–2:45 p.m. Break 2:45 p.m.–3:25 p.m. Health Advocacy Organization: The Medical Student Perspective Panel of Law and Medical Students, Case Western Reserve University Moderator: Professor Max Mehlman, Case Western Reserve University School of Law 3:25 p.m.–5 p.m. Discussion: Additional Steps to Support Physician Advocacy Robert Bitonte, MD, JD, American Academy of Legal Medicine Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law Saturday, March 26 8–8:45 a.m. Continental Breakfast 9–10:45 a.m. Identifying Promising Directions for the Future Robert Bitonte, MD, JD, American Academy of Legal Medicine Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law 10:45 a.m.–11 a.m. Break 11 a.m.–Noon Identifying Promising Directions for the Future (Continued) Robert Bitonte, MD, JD, American Academy of Legal Medicine Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law Noon–12:45 p.m. Effectuating Positive Change Robert Bitonte, MD, JD, American Academy of Legal Medicine Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law 12:45 p.m.–1 p.m. Closing Remarks Speaker Bios   CLE Reading Materials Individuals attending Case Western Reserve events are expected to be fully vaccinated, including booster if eligible. Masks are not required at this time, but we respect the choices of those who elect to wear them. University leaders continue to monitor pandemic developments and will adjust health protocols as circumstances warrant. The conference is co-sponsored by the Law-Medicine Center and the Cooperative of American Physicians. In-person and virtual options Case Western Reserve University School of Law George Gund Hall Room A59, Moot Courtroom 11075 East Blvd., Cleveland, OH 44106 School of Law School of Law America/New_York public

There is a fee for CLE, but no fee for CME. For CME questions, contact Alicia Alexander at  AAlexander@CAPphysicians.com. 

Co-sponsored by the Law-Medicine Center and the Cooperative of American Physicians

Register to attend in-person

Free to attend unless requesting CLE credit.

CLE credits - $100 for alumni; $200 for non-alumni. Virtual and in-person attendees can register and pay for CLEs on the day of the conference. In-person attendees also have the option to bring a check made payable to Case Western Reserve University School of Law.

3.75 CME credit is approved; 8.0 hours of CLE credit has been approved

Webcast Archive Content

Video: Restoring Medical Professionalism: Physicians as Advocates for Their Patients - Part 1
Video: Restoring Medical Professionalism: Physicians as Advocates for Their Patients - Part 2
Video: Restoring Medical Professionalism: Physicians as Advocates for Their Patients - Part 3
Video: Restoring Medical Professionalism: Physicians as Advocates for Their Patients - Part 4
Video: Restoring Medical Professionalism: Physicians as Advocates for Their Patients - Part 5

Event Description

The Law-Medicine Center at Case Western Reserve University School of Law is hosting an interdisciplinary conference titled “Restoring Medical Professionalism: Physicians as Advocates for Their Patients,” which will explore ways in which physicians can be supported when they advocate for their patients’ welfare. The event will be held on Friday, March 25, and Saturday morning, March 26, 2022.

The ability of physicians to advocate for their patients is an essential aspect of their professionalism, and critical for patient trust and well-being. Modern medicine recognized this by stating at the outset of the first modern code of medical ethics that patient welfare depended on physicians’ “skill, attention, and fidelity,” and the law accordingly regards physicians as fiduciaries for their patients. Yet pressures on physicians from employers and others have limited physicians’ ability to fulfill this vital obligation. One response might be to punish physicians who succumb to these pressures, but a better solution would be to support physicians who resist them. The March conference therefore will explore ways to strengthen physicians’ ability to advocate for their patients. Many people think it is too late, that physicians have irretrievably lost this crucial aspect of professionalism, but for the sake of patients and the profession, this conference hopes that this is not the case.

The conference will be open to the public, webcast, and videotaped for later viewing. It will begin with proposals from invited experts, followed by discussion with the presenters, other experts, and the general audience. Following the conference, a report and recommendations will be published in the Case Western Reserve University health law journal, Health Matrix, and publicly disseminated.

Schedule of Events

Friday, March 25

8 a.m.–8:45 a.m.  Continental Breakfast

9 a.m.–9:40 a.m.  Welcome & Introduction
Max Mehlman, Professor, Case Western Reserve University School of Law & Co-Director,
Law-Medicine Center

9:40 a.m.–10:20 a.m. American Medicine: On the Square

Robert Bitonte, MD, JD, American Academy of Legal Medicine

Moderator: Professor Max Mehlman, Case Western Reserve University School of Law

10:20 a.m.–10:35 a.m. Break

10:35 a.m.–11:15 a.m. MICRA: The History and the Current Challenge

Sarah Scher, JD, RN, Chief Executive Officer, Cooperative American Physicians

Moderator: Professor Max Mehlman, Case Western Reserve University School of Law

11:15 a.m.–11:55 a.m. The Growing Role of Private Equity in Health Services

Mark Hall, J.D., Professor of Law and Public Health, Wake Forest University

Moderator: Professor Max Mehlman, Case Western Reserve University School of Law

11:55 a.m.–12:30 p.m. Lunch

12:30 p.m.–1:10 p.m. Physician Unionization
Stuart Bussey, MD, JD, President, Union of American Physicians and Dentists
Robert Bitonte, MD, JD, American Academy of Legal Medicine
Moderator: Professor Max Mehlman, Case Western Reserve University School of Law

1:10 p.m.–1:50 p.m. Beyond Morals of the Marketplace: Lawyers as Fiduciaries
Milan Markovic, JD, MA, Professor, Presidential Impact Fellow, and a Co-Convener of the Program in Law and Social Science at Texas A&M University School of Law
Moderator: Professor Max Mehlman, Case Western Reserve University School of Law

1:50 p.m.–2:30 p.m. Strengthening Legal Protections for Physicians Who Advocate for their Patients
Max Mehlman, J.D., Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law

2:30 p.m.–2:45 p.m. Break

2:45 p.m.–3:25 p.m. Health Advocacy Organization: The Medical Student Perspective
Panel of Law and Medical Students, Case Western Reserve University
Moderator: Professor Max Mehlman, Case Western Reserve University School of Law

3:25 p.m.–5 p.m. Discussion: Additional Steps to Support Physician Advocacy
Robert Bitonte, MD, JD, American Academy of Legal Medicine
Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law

Saturday, March 26

8–8:45 a.m. Continental Breakfast

9–10:45 a.m. Identifying Promising Directions for the Future
Robert Bitonte, MD, JD, American Academy of Legal Medicine
Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law

10:45 a.m.–11 a.m. Break

11 a.m.–Noon Identifying Promising Directions for the Future (Continued)
Robert Bitonte, MD, JD, American Academy of Legal Medicine
Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve
University School of Law

Noon–12:45 p.m. Effectuating Positive Change
Robert Bitonte, MD, JD, American Academy of Legal Medicine
Max Mehlman, JD, Professor, Co-Director Law Medicine Center, Case Western Reserve University School of Law

12:45 p.m.–1 p.m. Closing Remarks

Speaker Bios

 

CLE Reading Materials

Individuals attending Case Western Reserve events are expected to be fully vaccinated, including booster if eligible. Masks are not required at this time, but we respect the choices of those who elect to wear them. University leaders continue to monitor pandemic developments and will adjust health protocols as circumstances warrant.

The conference is co-sponsored by the Law-Medicine Center and the Cooperative of American Physicians.


Cooperative of American Physicians logo

Event Location

In-person and virtual options

Case Western Reserve University School of Law
George Gund Hall
Room A59, Moot Courtroom
11075 East Blvd., Cleveland, OH 44106

Doctor and patient hands