Testimonials and Solicitation

This is a continuation of Adrienne Hersh's 2013 Article, "Legal Advertising".

Historically the law completely prohibited the use of testimonials in physician advertising.  In recent years, however, the Illinois court and the legislature have stated testimonials are not inherently misleading and may be used if they do not violate other advertising provisions of the Medical Practice Act. The law still prohibits untrue testimonials, because they mislead the public about health care.   It is unacceptable to use sweeping statements that cannot be verified, such as, "I used Dr. Jones and he cured all of my osteoarthritides without surgery.”  Because osteoarthritis is not a condition that can be "cured” at this time, this advertisement would not pass muster. The same analysis applied to "guaranteed care” makes it clear that such guarantees are categorically improper because it would be impossible to promise that any patient’s condition could be cured or even ameliorated.  The law similarly prohibits claims of superiority based on the same reasoning.  However, you could use an advertisement in which a patient makes a truthful statement about the care received from you, for example,  "I returned to my job after one week of treatment with Dr. Jones,” so long as that statement were true.