Medical Misinformation and The Professional License Risk for Medfluencers
Social media has become a powerful platform for medical professionals. Doctors, nurses, and other licensed medical practitioners can reach tens of thousands of followers on platforms like TikTok, Instagram, and X (formerly Twitter) with medical advice or advocate for policy changes.
While such outreach can have a positive impact, some “medfluencers” have shared information that lacks strong scientific support and may be considered dangerous by the larger scientific community. Controversial figures such as Doctors of Osteopathy Sherri Tenpenny and Rashid Buttar have shared information on topics such as COVID-19 vaccines, unproven treatments, and product endorsements, drawing scrutiny from licensing boards and regulators.
Sharing health claims without clear evidence may be considered outside the standard of care and may result in serious legal and professional risks. Medical boards and regulators are increasingly scrutinizing online behavior and can take action when misinformation is spread, whether intentional or not.
If you’re a medical professional who has accused of spreading medical misinformation or face a Board investigation based on information you’ve provided in a social media post, talk to the Professional License Defense Team of the LLF National Law Firm as soon as possible at 888-535-3686 or contact us through our website to discuss your case.
The Speed and Impact of Misinformation
Research shows that false information spreads faster and further than the truth. A 2018 MIT study showed that fake stories on Twitter (now X) were 70% more likely to be retweeted than true ones,and that true stories took about six times as long to reach 1,500 people as fake ones. In addition, a 2020 analysis by the non-profit organization Avaaz reported that global health misinformation networks generated 3.8 billion views on Facebook in a single year during the pandemic.
Statistics such as these demonstrate just how quickly misleading health content can reach massive audiences, and explain why such statements are increasingly viewed through the lens of professional responsibility and board oversight.
Professional Risks of Online Misinformation
Licensed medical doctors and other healthcare professionals need to recognize that social media activity may be considered part of professional conduct. Licensing boards can review public posts, videos, or endorsements and may trigger an investigation into whether you are adhering to professional or ethical standards. For example, you might find yourself facing investigations for:
Unprofessional conduct. Boards typically define unprofessional conduct to include behavior that could mislead patients or the public. Public posts, videos, or podcasts that claim unproven benefits or promote ineffective treatments may trigger complaints, even if no patient is directly harmed.
Negligence or malpractice. Endorsing unproven or harmful interventions can expose you to negligence or malpractice claims if someone is harmed due to the information you provided. Courts and boards may consider social media content as evidence in legal or disciplinary proceedings.
Violation of HIPAA rules. If you make misleading statements involving specific patient examples or identifiable health information, you risk violating HIPAA privacy rules, as well as professional and licensing standards.
If your Professional Board finds that you have violated any of these professional standards or others, it can impose fines, public reprimands, or even revoke or suspend your license, putting your professional reputation and career at risk.
How LLF National Law Firm Can Help
If you’re a health care professional facing a complaint or investigation by your professional board for public comments you’ve made online, it’s important to speak to a Professional License Defense lawyer without delay. The LLF National Law Firm’s Professional License Defense Team has numerous years of experience helping medical professionals defend their licenses and protect their careers. We want to help you, too. Call us today at 888-535-3686 or contact us through our website.