QUESTION

Is it legal for a doctor to get accident reports from police station and then market to the victims?

Asked on Dec 17th, 2012 on Personal Injury - New York
More details to this question:
N/A
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6 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Yes. The Medical Board may place restrictions on this, but it is not otherwise illegal. For example, lawyers can do this, but ethical rules imposed by the Supreme Court require lawyers to make disclaimers in these ads. It could be illegal depending on how the doctor obtained the wreck reports. When I order reports from the Department of Public Safety for use in my cases, the order form contains a warning that information obtained cannot be used for marketing or solicitation. However, if the doctor can get this information from public records, he has a first amendment right to communicate his message to accident victims subject to any reasonable regulation by the medical board.
Answered on Dec 20th, 2012 at 4:02 AM

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Ronald A. Steinberg
I doubt it is legal, and I'll bet it is unethical. Contact the Attorney General, and the medical licensing department.
Answered on Dec 19th, 2012 at 6:44 AM

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Lisa Hurtado McDonnell
Anyone can get a police report if a public document.
Answered on Dec 19th, 2012 at 6:43 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Absolutely not.
Answered on Dec 19th, 2012 at 6:05 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Accident reports are public records, so he can go that far. As for soliciting patients, that would be regulated by the ethics rules of the doctors in your state. Get in touch with your state's medical society and tell them what's going on. You may have to file a written complaint.
Answered on Dec 19th, 2012 at 5:28 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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No. Report the doctor to the state licensing board for unethical solicitation.
Answered on Dec 19th, 2012 at 5:28 AM

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