Hard Cases Make Bad Law

Abstract

Medicine is largely self-governed. This is so because the public, the citizens of the state, have permitted it. Professional self-government does not result from natural or constitutional right. It is a privilege. Society believes it lacks the knowledge and expertise needed to review the quality of professional service or to evaluate professional judgments. But beliefs can and do change. The public can be stampeded into believing (1) its rights are being impinged upon (2) medicine isn't policing its own ranks (3) the privilege of self-government should be restricted or curtailed, or (4) the public should participate with the profession in administering self-government. Medical societies appear to have been reluctant to tackle tough problems relating to questionable actions by their members. It is amazing how many excuses can be found for not conducting an investigation or for not taking action. One common excuse is that if the medical society becomes involved