Health insurance insulates patients from the expense of medical care, giving doctors almost complete discretion in deciding the course of most medical treatments. Moreover, with doctors being paid for each procedure performed, they have an incentive to over-treat patients. It is thus clear that medical procedures administered by doctors are frequently prescribed only because these procedures lead to financial rewards. The argument uses which one of the following questionable techniques?

Assigning responsibility for a certain result to someone whose involvement in the events leading to that result was purely coincidental.

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Inferring the performance of certain actions on no basis other than the existence of both incentive and opportunity for performing those actions.

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Presenting as capricious and idiosyncratic decisions that are based on the rigorous application of well-defined principles.

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Depicting choices as having been made arbitrarily by dismissing without argument reasons that have been given for these choices.

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Solution

The correct option is B Inferring the performance of certain actions on no basis other than the existence of both incentive and opportunity for performing those actions.
The argument has blamed doctors for frequently prescribing medical procedure only on the basis of incentive that they get for performing the same , and thus m the argument has used a questionable technique . this is clearly provided in option (b).

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Similar questions

Q. LEGAL PRINCIPLES:
1. Medical professionals are not immune from liability in tort on ground of negligence.
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION: A was the only child of his parents. Once he had high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. The doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor.
DECISION:

Q. LEGAL PRINCIPLE:
(1) Medical professional are not immune from liability in tort on ground of negligence.
(2) Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fail in the definition of "service" under the Consumer Protection Act. In case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION:

A was the only child of his parents. Once he had high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. the doctor administered certain medicnes and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor.
DECIDE.

That placebos can cure everything from dandruff to leprosy is well known. They have a long history of use by witch doctors, faith healers, and even modern physicians, all of whom refuse to admit their efficacy. Modern distribution techniques can bring this most potent of medicines to the aid of everyone, not just those lucky enough to receive placebos in a medical testing program.

Every drug tested would prove effective if special steps were not taken to neutralize the placebo effect. This is why drug tests give half the patients the new medication and half a harmless substitute. These tests prove the value of placebos because approximately five percent of the patients taking them are cured even though the placebos are made from substances that have been carefully selected to be useless.

Most people feel that the lucky patients in a drug test get the experimental drug because the real drug provides them a chance to be cured. (1) Yet analysis shows that patients getting the placebo may be the lucky ones because they may be cured without risking any adverse effects the new drug may have. Furthermore, the drug may well be found worthless and to have severe side effects. No harmful side effects result from placebos.

Placebos regularly cure more than five percent of the patients and would cure considerably more if the doubts associated with the tests were eliminated. Cures are principally due to the patient’s faith, (2) yet the patient must have doubts knowing that he may or may not be given the new drug, which itself may or may not prove to be an effective drug. Since he knows the probability of being given the true drug is about fifty percent, the placebo cure rate would be more than doubled by removing these doubts if cures are directly related to faith.

The actual curing power of placebos probably stems from the faith of the patient in the treatment. This suggests that cure rates in the ten percent range could be expected if patients are given placebos under the guise of a proven cure, even when patients know their problems are incurable.

It may take a while to reach the ten percent level of cure because any newly established program will not have cultivated the word-of-mouth advertising needed to insure its success. One person saying “I was told that my problem was beyond medical help, but they cured me,” can direct countless people to the treatment with the required degree of faith. Furthermore, when only terminal illnesses are treated, those not cured tell no one of the failure.

Unfortunately, placebo treatment centers cannot operate as non-profit businesses. The non-profit idea was ruled out upon learning that the first rule of public medicine is never to give free medicine. Public health services know that medicine not paid for by patients is often not taken or not effective because the recipient feels the medicine is worth just what it cost him. (3) Even though the patients would not know they were taking sugar pills, the placebos cost so little that the patients would have no faith in the treatment. Therefore, though it is against higher principles, treatment centers must charge high fees for placebo treatments. This sacrifice of principles, however, is a small price to pay for the greater good of the patients.

Q. According to the passage, when testing new drug medical researchers give half of the subjects the test drug and half a placebo because

Q. Sonu purchased a medicine from 'Alpha Medical Stores' for his wife had stomach pain. But even after giving the medicine, wife's condition did improve and she had to be admitted to a nearby hospital for treatment. Doctors on examination found that the medicines given to Sonu's wife were spurious. Sonu complained about this to 'Alpha Medical Store'. As result Alfa medical decided to file a complaint against the manufacturer in the consumer court. Can Alpha Medical Store lodge the complaint?

Give reason.

Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: When a person unlawfully intervenes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion. And nobody shall enrich himself at other's cost.
FACTUAL SITUATION: Z, a patient suffering from a disease in his digestive system approach ABC medical college. Z was diagnosed as suffering from appendicitis and hence his appendix was removed from his body by ABC medical college. The ABC hospital thereby found unique cell in Z's appendix and using such cell it developed drugs of enormous medical value of rupees five crore from Cipla Industries Limited when Z knew it, he charged rupees four crore.
ANALOGICAL DECISION:
(A) The ABC medical college need not share its income with the patient Z.
(B) The ABC medical college may share its income on
moral point of course.
(C) The ABC medical college must have shared its income with Z.
ANALOGICAL REASON:
(1) Z, far from being deprived of use of his appendix, actually benefitted by its removal.
(2) The ABC medical college instead of waste appendix of Z conducted research on its own and invention of new drug was its effect and result.
(3) The ABC medical college could not have achieved its success without the appendix belonging to Z.
(4) Everybody must care for and share with others.
Your Decision with Reasons.

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