In recent years, the landscape of marketing and promotion has significantly evolved with the rise of social media influencers and bloggers. One particular trend that has gained traction is the collaboration between hospitals/clinics and social media bloggers, where the latter receive free treatment in exchange for promoting the healthcare facility on their platforms. While this may seem like a win-win situation for both parties involved, it also raises important legal considerations and responsibilities, especially when complications arise.
Hospitals/Clinics
The Scenario:
Imagine a scenario where a popular social media blogger is offered free treatment at a hospital/clinic in exchange for promoting their services to their large following. The blogger enthusiastically accepts the offer and undergoes the treatment, documenting their experience on their social media channels. However, shortly after the treatment, the blogger experiences unexpected medical complications, leading to severe discomfort and distress. In response, the blogger takes to their platform to voice their grievances, accusing the hospital/clinic of negligence and mistreatment.
Read More About: Dubai Health Insurance Law 2023
Understanding the Legal Responsibility:
When hospitals/clinics offer free treatment to social media bloggers in exchange for promotion, they implicitly assume a duty of care towards the blogger. This duty of care requires the healthcare facility to provide treatment that meets the accepted standard of care and to take reasonable precautions to ensure the safety and well-being of the patient, regardless of whether they are paying customers or recipients of free treatment.
In the scenario described above, if the blogger experiences medical complications due to negligence or substandard treatment, the hospital/clinic may be held legally responsible for any resulting harm. This could include liability for medical malpractice, which encompasses a range of negligent actions or omissions by healthcare professionals that result in injury or harm to the patient.
Additionally, the hospital/clinic may also be held liable for any false or misleading claims made by the blogger in their promotional content. If the blogger exaggerates the benefits of the treatment or misrepresents the quality of care received, the healthcare facility could face allegations of false advertising or deceptive marketing practices.
Hospitals/Clinics
The Requirement of a Media License:
In many jurisdictions, social media influencers and bloggers are required to obtain a media license or permit them to engage in promotional activities, especially if they receive compensation or free products/services in exchange for their endorsements. This requirement is designed to ensure transparency and accountability in advertising and marketing practices, protecting consumers from potentially misleading or deceptive content.
Therefore, hospitals/clinics need to verify that the social media bloggers they collaborate with have the necessary licenses or permits to engage in promotional activities. Failure to do so could expose the healthcare facility to legal risks and regulatory penalties.
Learn More About: Dubai Health Insurance law no 11 of 2013
Conclusion:
The collaboration between hospitals/clinics and social media bloggers can be mutually beneficial, providing exposure and promotion for the healthcare facility while offering valuable content for the blogger’s audience. However, both parties must understand their legal responsibilities and liabilities in such arrangements. Hospitals/clinics must ensure that they provide quality treatment and adhere to ethical standards, while bloggers must accurately represent their experiences and comply with relevant regulations, including obtaining the necessary licenses or permits.
By understanding and respecting these legal considerations, hospitals/clinics and social media bloggers can foster positive and ethical collaborations that benefit all parties involved while safeguarding the interests of patients and consumers.
