Addressing the consequences of the corporatization of reproductive medicine.

assisted reproduction assisted reproductive technologies commercialization corporatization fertility treatment reproductive choice

Journal

Medical law review
ISSN: 1464-3790
Titre abrégé: Med Law Rev
Pays: England
ID NLM: 9308945

Informations de publication

Date de publication:
25 Jul 2024
Historique:
medline: 26 7 2024
pubmed: 26 7 2024
entrez: 25 7 2024
Statut: aheadofprint

Résumé

In Australia and the UK, commercialization and corporatization of assisted reproductive technologies have created a marketplace of clinics, products, and services. While this has arguably increased choice for patients, 'choice', shaped by commercial imperatives may not mean better-quality care. At present, regulation of clinics (including clinic-corporations) and clinicians focuses on the doctor-patient dyad and the clinic-consumer dyad. Scant attention has been paid to the conflicts between the clinic-corporation's duty to its shareholders and investors, the medical profession's duty to the corporations within which they practice, and the obligations of both clinicians and corporations to patients and to health systems. Frameworks of regulation based in corporate governance and business ethics, such as stakeholder models and 'corporate social responsibility', have well-recognized limits and may not translate well into healthcare settings. This means that existing governance frameworks may not meet the needs of patients or health systems. We argue for the development of novel regulatory approaches that more explicitly characterize the obligations that both corporations and clinicians in corporate environments have to patients and to society, and that promote fulfilment of these obligations. We consider mechanisms for application in the multi-jurisdictional setting of Australia, and the single jurisdictional settings of the UK.

Identifiants

pubmed: 39049472
pii: 7720560
doi: 10.1093/medlaw/fwae018
pii:
doi:

Types de publication

Journal Article

Langues

eng

Sous-ensembles de citation

IM

Subventions

Organisme : National Health and Medical Research Council
ID : APP1181401

Informations de copyright

© The Author(s) 2024. Published by Oxford University Press.

Auteurs

Sara A Attinger (SA)

Faculty of Medicine and Health, Sydney School of Public Health, Sydney Health Ethics, The University of Sydney, Sydney, Australia.
Department of Philosophy, Macquarie University, Macquarie Park, Australia.

Emily Jackson (E)

Law School, London School of Economics and Political Science, UK.

Isabel Karpin (I)

Faculty of Law, University of Technology Sydney, Australia.

Ian Kerridge (I)

Faculty of Medicine and Health, Sydney School of Public Health, Sydney Health Ethics, The University of Sydney, Sydney, Australia.
Department of Philosophy, Macquarie University, Macquarie Park, Australia.
Haematology Department, Royal North Shore Hospital, St Leonards, Australia.

Ainsley J Newson (AJ)

Faculty of Medicine and Health, Sydney School of Public Health, Sydney Health Ethics, The University of Sydney, Sydney, Australia.

Cameron Stewart (C)

Sydney Health Law, Sydney Law School, University of Sydney, Sydney, Australia.

Lucy van de Wiel (L)

Department of Global Health & Social Medicine, Kings College London, UK.

Wendy Lipworth (W)

Faculty of Medicine and Health, Sydney School of Public Health, Sydney Health Ethics, The University of Sydney, Sydney, Australia.
Department of Philosophy, Macquarie University, Macquarie Park, Australia.

Classifications MeSH