June 4, 2013
Question:
Jennifer,
I receive gifts from patients sometimes and never know what to do or whether it is ethical or legal for me to accept a gift. What is your take?
Thanks,
Dr. A
Answer:
Good question. While there are no laws I am aware of prohibiting acceptance of gifts from patients, I am aware of hospitals and other institutions that have adopted private policies disallowing acceptance of gifts for a number of reasons - potential influence, favoritism, disputes or jealousy amongst colleagues. For those not working for a hospital or institution banning free gifts and looking for guidance on when it is acceptable to accept a gift from a patient, the AMA has an ethical opinion directly on point, as follows:
Opinion 10.017 - Gift from Patients
Gifts that patients offer to physicians are often an expression of appreciation and gratitude or a reflection of cultural tradition, and can enhance the patient-physician relationship.
The interaction of these various factors is complex and requires the physician to consider them sensitively. (I, II)
So, taking from the AMA opinion, really whether to accept is a factor test implemented by your personal sense of appropriateness given the circumstances. Still not sure if you can keep your gifts means you probably received something inappropriate and you already had your answer before asking!
Contact Jennifer at Jennifer@Kirschenbaumesq.com or at (516) 747-6700 x. 302.