7 March 2016

Medical Council proposing to stop doctors from using testimonials in their advertising

The Medical Council is proposing to stop doctors from using or including patient testimonials in their advertising, on websites or on social media forums advertising the doctor’s services.

Mr Andrew Connolly, the Council’s chairman says that in March 2015, the Council issued its revised Statement on advertising which had the objective of protecting patients from advertising that is false, misleading and deceptive, and to provide guidance to doctors about their advertising of health-related products and services.

‘The revised statement also outlined our expectations regarding the use of ‘before and after’ photos; the use of titles, qualifications and memberships; and advertising by means of discount coupons and gift certificates.

‘However, the consultation on the revised statement did not cover the use of testimonials although we periodically get questions about their use in advertising.

‘So we are now going back out to the profession and other stakeholder to get their feedback on our proposal.

Mr Connolly says that because health treatments differ from consumer goods and services there is usually a significant power imbalance between the knowledge of doctors and that of patients.

‘Testimonials may not be entirely balanced because they tend to reflect an individual patient’s experience and what works for one patient may not work for another which makes it difficult to decide if a particular procedure or treatment will be beneficial and effective.

‘Often, testimonials seek to convey an underlying message that choosing a particular doctor will result in a better outcome for the patient than if the patient went to another doctor.

‘In reality, this may or may not be the case since there are other factors that also influence the patient’s outcome that extend beyond the skill and competence of an individual doctor.

‘These factors include the patient’s age, co-morbidities, the skill and level of experience of other health practitioners involved in the procedure the patient is seeking, and whether there is good communication and co-ordination of care between different health practitioners.’

Another reason for the Council’s proposal is to bring more consistency between the Council’s advertising guidelines and those of other professional bodies, such as the New Zealand Medical Association and overseas regulatory authorities, including Australia.

More information on the Council’s proposal can be found on its website.

Submissions on the issue close on Tuesday, 26 April 2016.

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