Key opinion leaders: independent experts or drug representatives in disguise?

The purpose of statements made by Key Opinion Leaders is to sway physicians treatment of patients. As such paragraph 324 of the Restatement (Second) of Torts applies:

"One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to exercise care to protect his undertaking if

(a) his failure to exercise reasonable care increases the risk of such harm, or

(b) he has undertaken to perform a duty owed by the other to the third person, or

(c) the harm is suffered because of reliance of the other or the third person upon the undertaking."

So if the KOL declares that after a certain treatment, that it is impossible for this particular disease to exist any more, but in fact, the KOL is wrong, say because medical science declares otherwise, then the KOL is liable to the patient who is treated with such a "its all in your head" consideration.

Competing interests: None declared