For many years promotional advertising by physicians was unheard of, mainly because the American Medical Association’s “Principles of Medical Ethics” banned all advertising by doctors. But a 1975 Supreme Court ruling that the prohibition of professional advertising was restraint of trade and a subsequently successful action by the Federal Trade Commission (FTC) against the AMA’s position in 1982 changed all that. Since then any physician who wants to advertise has been free to do so, as long as the claims made are not deceptive or fraudulent in intent.

And advertise they do. A 1987 AMA survey found that approximately one in five physicians advertises somewhere: in the yellow pages, in newspapers and magazines, and/or on television and radio. Given the growing sophistication in what doctors call practice management, chances are good that these numbers have grown in the years since the survey, at which time physicians who advertised spent an average of $8,000 annually on advertising.

Critics of medical advertising contend that the mechanisms of control envisioned by the FTC just are not in place and that, rather than being better informed, consumers are being misled. Some of the general issues the critics raise are:
10. Claims of board certification—not only whether the doctor is truly board-certified but also whether the board is legitimate (that is, one of the twenty-three recognized by the American Board of Medical Specialties)

  • Ads that omit information about risks
  • Unsupported claims of surgical results

Where the consumer stands in all of this is in the middle of shifting sands. The FTC has been relying on the local medical societies to ferret out potentially deceptive or fraudulent ads, something the societies have been loath to do. Meanwhile, today’s competitive environment is prompting more and more doctors, especially the younger ones with less-established practices, to use advertising and other marketing tactics to attract patients. And the more lucrative the specialty, the more advertising being done, especially in services where consumers have more of a choice or where elective procedures prevail. The plastic or reconstructive surgery business is a prime example.

How much stock should you place in medical advertising? Treat the ad the way you would any other advertised product, be it a lawn mower, a refrigerator, a car, or whatever. Compare and verify are the watchwords. Talk credentials (and confirm on your own.) Talk money, including all costs associated with the service and whether your insurance plan will be accepted.

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