Context:
Recently, I posted about why it’s imperative that providers build digital stores and educate patients on products they can trust-–because patients are lost shopping off of TikTok ads, from influencers, and more.
The post sparked a ton of interesting debate about the role of the provider in consumer home health decision-making. In particular, providers reached out to me sharing that they’ve also seen an increase in the number of patient questions related to products they see ads for online, but that they were worried about liability related to educating patients about products on their digital stores.
It’s a very fair question, so I thought I’d address it in a new post.
My colleagues are right — providers should always be concerned about the possibility of being sued. However, the Frontrow model was intentionally designed to dramatically reduce liability for the provider, and ensure the health brand remains liable as the manufacturer of the health product.
Here’s 3 ways we protect our providers:
01 | Patients accept terms and conditions that acknowledge their provider is not responsible for any adverse events.
02 | Providers are educating patients; they are not prescribing products.
03 | The patient purchases the product on the health brand partner’s website; the patient never actually purchases anything on a provider’s storefront.
Here’s what this means:
Patients acknowledge their provider is working in good faith and that it’s not possible for them to know every potential side effect of each product given they react differently to each unique person. In short, we’re humans, and science is not perfect.
Additionally, “including a product on your store” is not the same as “prescribing a course of treatment.” Picking products you like means this is a product you could see you or your family buying, and that your patient could benefit from learning more about. That’s it.
Finally, patients buy from health brands, not from you. So if they buy a bad batch, that’s on the health brand, who they bought the product from, who packaged the product, who shipped the product, and who is ultimately liable for their product.
Bottom line:
I get it, providers always have to look over their shoulder. Dealing with patient health is a risky business. But we signed up to help our patients, and they are much better off learning more about products we like, that we’ve reviewed, and we think could reasonably benefit them, compared to them listening to 27-year-old TikTok influencers with no medical education promoting the latest cure to Insomnia.
If you want to chat more about this or anything else related to provider digital stores, schedule a free 15 min call with our team! We look forward to speaking with you soon.
Additional details:
If your curious here’s just a piece of what your patients are accepting in their terms and conditions as it pertains to provider liability:
First, shopping on your provider’s store, “does not create a medical professional/patient relationship between you and Frontrow Health or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. The Services, Professional Recommendations, and Content are for general informational purposes only.”
Additionally, “Reliance on any information provided by Frontrow Health or any medical professional or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services.”
And just to make sure they don’t miss it… “THE SERVICES ARE NOT, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PHARMACY OR OTHER HEALTHCARE ADVICE BY FRONTROW HEALTH.”
