Hospital Advertisements About ED Care Can Cause Problems for Defense

Advertisements aimed at setting a hospital apart from its competition could potentially leave them at risk for false advertising claims. With the help of a creative plaintiff attorney, patients can file false advertising claims against hospitals if the emergency department (ED) fails to meet the patient's standard of care.

"Similarly, if the hospital's advertising promises a level of care that is not met by independent contractor physicians, that is problematic. It potentially raises the standard of care to which the hospital is held," explains Attorney Matthew Zimmerman.

"It is not just marketing or advertising that is at issue. It's also internal manuals, handbooks, websites, and even the branding on scrubs or lab coats,” Mr. Zimmerman adds.

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