Legal Advertising Can Cause Public Health Scares
COMMENTARY
We’ve all seen legal commercials fishing for plaintiffs for mass tort cases. Legal advertising companies are getting more cunning with their targeting, even geofencing those who visited emergency rooms in the quest to find more clients. However, what seems like justice sometimes is really a cash grab for plaintiff attorneys, who often walk away with more money than the plaintiffs they represent.
These advertisements are part of a broader trend that continues to grow, especially in the pharmaceutical industry.
Legal services advertisements inundate our TVs, usually with flashy warnings about prescription medications and medical devices. According to one report, about 45,000 television ads by lawyers and others soliciting legal claims air across the United States every day — that’s around one legal commercial every two seconds. While they claim to inform the public about health developments, these ads can also cause harm.
When patients see these fear-mongering commercials, they often panic. Many stop taking medications right on the spot, cancel procedures or avoid treatment altogether. Not because their doctor told them to, but because a lawyer on TV made it sound like their treatment could kill them.
While many patients believe they’re beating death by throwing out their medicine, they may be putting themselves at higher risk of life-threatening results.
A 2019 Food and Drug Administration report linked these ads to dozens of strokes, severe injuries and even deaths after patients stopped taking blood thinners like Eliquis and Pradaxa out of fear. Nearly all had quit without asking their doctor.
Fear-based messaging can prevent patients from getting the proper care they need. Lifesaving drugs and developments are sidelined due to the steep legal fees pharmaceutical companies face after being hit with lawsuits. Researchers then become disincentivized to develop new drugs because they fear being sued. Public trust in medical innovation starts to crumble when every new treatment becomes a target for money-making litigation.
These ads also drive a wedge between patients and doctors. Instead of following a treatment plan, patients second guess medical advice or stop trusting the health care system entirely. The sometimes-misleading messaging from these ads makes it harder for people to make informed decisions about their health.
These ads have exploded into a multibillion-dollar industry. In 2023 alone, over $1 billion was spent on legal ads, impacting millions of viewers.
Trial lawyers spend millions on these ads because they generate settlement money fast. The ads rarely mention the medication’s benefits or that patients should consult with their doctor before making any rash decisions. The goal is to scare people into filing a lawsuit, not to keep people healthy.
For underserved communities or older Americans who already face challenges accessing care, these advertisements can often add one more layer of fear and misinformation.
Trial lawyers have a right to advertise. But when legal ads deter people from seeing their doctor, delay treatment or scare them out of taking critical medications, that’s not access to justice, it’s a national public health crisis.
People deserve honest, medically sound information.
Several states have enacted laws that regulate legal service advertising. Florida, Texas and Louisiana have passed bills that provide more transparency and disclosure while prohibiting the use of government logos or terms like “health alert” that could mislead viewers.
More transparency will put an end to pharmacological misinformation, make health care more accessible, and ensure patients of all demographics receive the proper treatment they need.
Kasia Mulligan is the national spokesperson for Patients Come First. Her expertise spans both the public and private sectors, with a proven track record of shaping policy narratives within the health care sector. She served as communications director and national spokesperson in the U.S. Senate and later established a public affairs consultancy practice. Her combined expertise in communications, policy development and relationship building make her a powerful advocate for patients and their families. PCF can be found on LinkedIn.
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