Sunday, February 15, 2009

Doctor Ads

Physicians have been advertising ever since 1975, when the successful suit by the FTC against the AMA (Goldfarb v. Virginia State Bar) forced the AMA to remove the prohibition against advertising form its Code of Ethics. Since that time, physicians have used this tool to promote their practices. Unfortunately, physician advertising has placed doctors in the same venue as merchants, and degraded their previous status as one of the "learned professions."


In an article by Tomycz (N.D.Tomybz, Journal of Medical Ethics 2006;32:26-28),he explains that the leaders of the FTC believed that Medicine was mercantile, and needed to be regulated as a business. They believed that regulation would decrease the ever rising tide of medical costs. Didn't work did it!

The original AMA prohibition began in the 1800's, and was generated by the large amount of advertising put out by a multitude of potent makers and charlatans. Not wanting to be identified with this behavior, which was frequently deceptive, this medical organization forbade advertising by its members.

Today, physician's ads are ubiquitous. They are not false, or misleading most of the time. It is not unusual to see one next to a furniture store ad, or a restaurant ad, which places the physician firmly in the arena of the merchant. I have even seen a license plate cover with the name of an orthopedic practice in my town. How about identifying with a car dealership?

The real problem with advertising is that it threatens to dissolve the distinction between what is supposed to be the Profession of medicine, and business. Medicine, in the classical sense, is supposed to be a profession that carries an obligation of self sacrifice and self effacement towards the ultimate good for the patient. This characteristic of the profession is what generates the essential element of TRUST between the patient and the physician.

A merchants might want you to trust them, but they are not going to have any self effacement or sacrifice in their part of the relationship. If physicians are to be regarded as a profession, all of these elements-self sacrifice, self effacement, and trust-must be part of their ethic. By advertising, physicians place themselves in the venue of the merchants, dissolving a significant distinction and jeopardizing a trusting relationship with their patients. Is my doctor in it for the money?

I am aware, that in the current financial environment, doctors believe they must advertise to stay competitive. But they must be aware of the element of "professional suicide" that accompanies the road of self promotion. Medicine should remain a profession that is not interested in selling you anything. Our best advertisement is our reputation and our service.

James P. Weaver, M.D., FACS

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