Concierge Medicine Today featured “Does Concierge Medicine Advertising Create Liability” by healthcare and FDA Michael H. Cohen. The article analyzes the recent verdict against MDVIP based on principles of advertising law and vicarious liability.
Notable points include conclusions about the future of medicine:
“Some say medicine is dead; but the reality is that it is morphing into different forms….
The forms of delivery of wellness and health care keep changing–as do the business models and legal strategies for delivering these new forms of care. We still have these relatively archaic pillars of jurisprudence that have been handed down from time immemorial (unless anyone remembers Hammurabi). Companies and counsel who represent them, must stay adept and deploy risk management strategies as the market keeps changing.”
Speaking of ancient jurists, I was at lunch today with a San Francisco lawyer colleague who told me that a certain estate planning matter he was working on was “more complex than the Talmud.”
According to Wikipedia, one of Hammurabi’s laws regarding trade, was: ” “If a herdsman, to whose care cattle or sheep have been entrusted, be guilty of fraud and make false returns of the natural increase, or sell them for money, then shall he be convicted and pay the owner ten times the loss.”
Perhaps for those in the healthcare industry, this ancient prohibition finds contemporary definition in the laws against healthcare fraud, self-referral (Stark), and kickbacks / fee-splitting.
Our expertise is limited to modern times, but we still honor ancient jurisprudential giants of the past.
Contact our healthcare law, FDA and FTC legal team for laws and updates so we evaluate your product and create a legal strategy for the regulatory path to market.