Non-disclosure agreements in the aesthetic industry

Non-disclosure agreements (NDAs) are frequently utilized by plastic surgery centers and med spas across the United States in a variety of ways. Here is some important information to know before you sign one…

What is a non-disclosure agreement?

A non-disclosure agreement is a legally enforceable contract between two or more parties used to keep certain information confidential. They are sometimes called confidentiality agreements, confidential disclosure agreements and proprietary information agreements. Regardless what the agreement is called, once you sign it, you cannot discuss the information protected by the agreement or you might face serious repercussions.

How are non-disclosure agreements used in medical malpractice lawsuits?

Typically, when a surgeon settles a malpractice case, he or she will require a non-disclosure agreement as part of the settlement agreement. Sometimes, the agreement will simply restrict the patient from disclosing that there was a payment and the amount of the payment. But often, the surgeon will insist on something more restrictive to prevent the patient from talking to anyone about the circumstances of his or her injury. The injured party usually gives in and signs the agreement in order to be compensated and to avoid the alternative option, which is taking the case to trial. Non-disclosure agreements used in this way create medical secrecy and prevent prospective patients from learning important information when choosing a medical provider. 

Were you asked to remove a negative online review and sign a non-disclosure agreement?

Many med spas and plastic surgeons are using non-disclosure agreements to control the online narrative. Online reviews are supposed to be a transparent way for consumers to make decisions about who to hire for important jobs. However, most med spas and surgery centers have damage control teams who will reach out to those who post negative online reviews and offer them their money back or free services in exchange for the removal of the review. Additionally, the patient must sign a non-disclosure agreement preventing him or her from talking about the bad experience and/or the agreement to remove the bad review. Non-disclosure agreements used in this way make it impossible for prospective patients to find a great provider based on reviews. When reviews are bought and sold, there is no transparency.

Can a plastic surgeon ask you to sign a non-disclosure agreement before a procedure?

A surgeon in Washington recently got in BIG trouble for requiring patients to sign pre-service non-disclosure agreements that prohibited them from writing negative online reviews and required them to contact the business directly with any post-procedure concerns. If patients broke the agreement, they were threatened with a $250,000 fine. The state of Washington sued this surgeon for making clients sign these illegal agreements which violated the Consumer Review Fairness Act, HIPAA, and several provisions of Washington state’s Consumer Protection Act. Read the full story here. If a surgeon or med spa asks you to sign an agreement like this before having a procedure at their facility, this is a HUGE red flag! 

Be Safe. Be Beautiful. Be informed.

If you have been injured by a cosmetic surgery or procedure, reach out to Whit Law today for a free case evaluation.

*This blog is not legal or medical advice and is for informational purposes only. No attorney client relationship.*