7 legal concerns about doctor advertising

Healthcare providers in each sector lose their credibility, license, and livelihood in the most extreme circumstances if their marketing efforts are motivated by the maze of local, state , or federal laws and regulations. And at least one mistake can be a really bad PR experience.


## 7 legal concerns about doctor advertising

*Be Truthful. This one may seem obvious in black and white, but trouble can lurk about effectiveness or outcomes in gray areas or in the “spin.” Medical boards and state regulations are requiring real, credible evidence to support claims.

Revealing previous patient detail.* “A lot of patient writing that’s thought to be anonymised isn’t as anonymous as you might think,” David Harlow said. "Under HIPAA, there are basically 18 key categories of personal health information that can lead to patient identification and it’s easy to cross the line inadvertently."The safer approach is a fully fictional composite, or a patient release signed without compensation. (HIPAA has set standards for proper release; check with your prosecutor.)

Be clear about expectations. Avoid instances or testimonials that suggest, pledge or guarantee outcomes. It may be necessary to have a disclaimer such as “your results can differ” Stop declarations of dominance, remedies or guarantees of success.

Advertise the doctor. Advertise the supplier or the facility, not the device, in medical procedures involving a prescription drug or medical device, such as dental implants or even a hip replacement;

Not every one is a specialist. Getting vast experience or know-how does not render a professional. Legally, pretending to be a “specialist” usually needs accepted certification.

Advertising (especially online) doesn’t stop at the border. Know your state’s laws but rules and regulations vary from state to state, so consider where and how the differences may need to be accommodated by an advertising message.

Get good counsel Most specialist societies have guidelines on marketing and advertisement. What’s more, as a member profit several associations provide legal advice.Read More