Medical Advertisements Target Allegedly Unsuitable Patients

ByJohn Lomicky

Updated on

Case Overview

This case involves marketing campaigns geared at individuals that were allegedly unsuitable for robotic surgery. The campaigns consisted of marketing through TV infomercials, mass emails, and phone calls. The information in the commercials exaggerated the benefits that were reflected in the medical literature at the time. In addition, there were no warning or cautionary statements present in any of the advertisements. It was further alleged that the marketing campaign aimed to pique the interest of patients without providing the proper information regarding the risks and dangers inherent to the procedure.

Questions to the Internal Medicine expert and their responses

Q1

What is your experience with medical advertisement ethics?

I am the managing director of a full-service advertising agency that represents several large national hospitals and medical groups with their print, digital, and television advertising. As part of this process, I am always cognizant of the FDA, HIPPA, and Stark laws that need to be met in order to run ethical marketing and advertising campaigns for our clients.

Q2

What principles and practices should be taken to ensure the public is well informed?

I am interested in reviewing the print and video advertisements in question.

About the expert

This expert has extensive knowledge in the medical advertising field. She graduated with a finance degree from the MBA-modeled Business Honors Program at the University of Texas at Austin. She is a sought-after speaker on marketing strategies in the healthcare industry, and is a contributing writer for Advertising Age, Modern Healthcare, and Physician Magazine. Currently, this expert is the managing director of a full service marketing and advertising agency that specializes in the healthcare industry.

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About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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