Marketing Expert Evaluates False Advertising

Joseph O'Neill

Written by
— Updated on January 6, 2022

Marketing Expert WitnessThe patient is pursuing a case against an outpatient care facility located in West Virginia for a false marketing claim. The defendant facility’s advertisements made numerous claims regarding the flexibility in being able to choose how to receive care for a particular type of cosmetic procedure. This was never coordinated with the physicians, and no mechanism or processes were in place for patients to communicate with doctors regarding how they would prefer to receive care. The ads ran by the outpatient facility claim the patient has this right, when it is actually up to the doctor.

Question(s) For Expert Witness

  • 1. Please discuss your background in marketing as it relates to a healthcare setting?
  • 2. What processes are in place to ensure what is being communicated/advertised to the public is actually taking place in the facility and coordinated with the physicians and staff?
  • 3. Have you ever served as an expert witness on a case similar to the one described above? If so, please explain.
  • 4. Please tell us why you’re qualified to serve as an expert reviewer of this case.

Expert Witness Response E-007870

I have a PhD in Marketing and I am an attorney as well. I have testified in court on marketing and strategy in a healthcare context, and I was an expert in the Purdue Oxycontin case in federal court where Purdue was found to have been over the line in its marketing of a dangerous drug. In regards to this case, I call this “over the top marketing”, which is aggressive marketing that healthcare providers like hospitals and doctors have to be especially prudent about when marketing to consumers. Anyone who designs and/or provides marketing materials for a healthcare product is absolutely required to confirm that the information is accurate, factual, and honest.

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