How these factors are experienced by an individual is subjective and varies from patient to patient. Therefore, claims or representations about the degree of comfort, care or lack of pain involved in an orthopaedic service may be difficult to substantiate and may be misleading if not used with care. Statements that an orthopaedic procedure does not cause pain or is painless raise concerns if the services advertised are invasive. It is highly unlikely that an invasive orthopaedic procedure will not cause some degree of pain. Such representations may cause a layperson to lack appreciation for the nature of any risks or adverse effects associated with the orthopaedic procedure, even if the likelihood that adverse effects may occur is low.
More specific representations can also cause concerns.
For example, a statement that an orthopaedic surgeon has cured or successfully treated a large number of cases involving a particular serious ailment is deceptive if it implies a certainty of result and creates unjustified and misleading expectations in prospective patients. Representations about the safety or effectiveness of orthopaedic services should be substantiated with sound scientific support, such as peer reviewed publications in medical literature or other authoritative sources of scientific information. Such claims should not contradict or be inconsistent with conclusions reached by authoritative federal agencies, such as the National Institute of Health, the Health Care Financing Administration, the Food and Drug Administration or others, unless such a contradiction or inconsistency can be substantiated with sound scientific evidence. Physician Qualifications Orthopaedic surgeon qualifications include education, training, and other indicators of status or achievement within the profession. The lay public does not have a good understanding about what various qualifications represent.