Question:
Does the CRSQA montior
member ads to see that they are adhering to these criteria?
In what circumstances is it deceptive to claim that certain ophthalmic
procedures are "safe," "harmless," or "painless;" that treatments will
"cure" patients; or that ophthalmologists are "pioneers," "leaders," or
"world famous"?
Answer:
Facts -- Dr. A, a member of the American Academy of Ophthalmology, has
an extremely active practice that largely consists of cataract surgery
and he places an advertisement in several local papers announcing his
practice. The ads include the statements that "My
state-of-the-art laser surgical technique for cataract or
glaucoma is safe, harmless, and painless" and that "We will cure your
visual problem." A colleague is concerned that these ads may be
deceptive to patients, and has inquired whether they are consistent
with the Code of Ethics.
Resolution - To call a procedure "safe" is to make one of three
possible claims. It means (1) that the procedure is absolutely safe
(i.e., there are no risks) (2) that the procedure is comparatively safe
when compared with alternative procedures for the same problem; or (3)
that it is safer than surgery for another problem. If the first meaning
is intended, the statement clearly is false, since all surgical
procedures, including cataract surgery, carry some degree of risk, even
if the risk in a particular case is low.
If the second meaning were intended, the ad would also be deceptive
unless the procedure is demonstrably safer than alternative techniques
for cataract surgery. If this is so, the advertiser should have
credible clinical evidence to support that claim. Such a claim may be
difficult to prove, because the safety of a procedure often varies with
the circumstances, e.g., the medical status and characteristics of the
individual patient.
If the third meaning is intended, the advertiser simply means to convey
the fact that his cataract surgery is safer than surgery in general
(such as triple bypass heart surgery). Without further explanation,
this is a deceptive comparison.
