When Medical Misinformation Leads to Harm: A Legal Perspective from our Medical Malpractice Lawyers

In the digital age, false medical claims travel faster than ever before. One study revealed that misinformation is 70% more likely to be shared on platforms like X (formerly Twitter) than truthful content—and it reaches readers six times faster. While social media has made health information more accessible, it has also opened the door to a flood of dangerous, misleading, and often fraudulent medical advice.

From Facebook groups touting chlorine dioxide as a “cure” for autism to TikTok videos pushing harmful “parasite cleanses,” misinformation is not just a public health problem—it’s a legal one. As medical malpractice attorneys, we have seen how the consequences of following false or misleading health claims can be devastating. Patients may reject evidence-based treatments, pursue ineffective or even fatal remedies, or delay necessary care—sometimes with life-altering results.

When Misinformation Becomes Medical Malpractice

While sharing misleading health information is not in itself malpractice, there are circumstances where misinformation can intersect with negligence:

• When licensed healthcare providers promote false claims: If a doctor recommends an unproven treatment and a patient is harmed as a result, that provider may be held legally accountable for deviating from accepted medical standards.

• When providers fail to correct misinformation: Physicians have a duty to provide clear, accurate information and to correct harmful misunderstandings. Failing to do so—especially when a patient is relying on dangerous online content—can lead to tragic outcomes.

• When harm results from negligent care influenced by online misinformation: If a patient is misdiagnosed, mistreated, or dismissed due to a physician relying on unvetted or fringe medical theories, a malpractice claim may be warranted.

Who Is Most at Risk?

Patients with limited health literacy are especially vulnerable. According to the CDC, personal health literacy refers to the ability to find, understand, and use health information to make informed decisions. Alarmingly, nearly 60% of U.S. adults report searching for medical information online. Many lack the tools to distinguish between credible sources and content driven by conspiracy theories or profit motives.

And while some online influencers are intentionally deceptive—accepting payment from supplement or alternative medicine companies—others genuinely believe they are helping. They may have lost trust in the medical system or been failed by healthcare providers, leading them to embrace and spread misinformation that aligns with their experiences.

What Can Be Done?

Social media companies have introduced misinformation policies, but enforcement is inconsistent and often fleeting. For instance, Twitter stopped enforcing its COVID-19 misinformation rules in 2022, and Meta recently ended its third-party fact-checking program. With platforms retreating from content moderation, the burden of protecting patients increasingly falls on medical professionals and the legal system.

Healthcare institutions must prioritize organizational health literacy—ensuring that patients receive clear, accurate, and culturally competent information. Meanwhile, attorneys must remain vigilant in identifying cases where misinformation led to medical negligence or worsened a provider’s breach of duty.

Legal Recourse for Victims of Misinformation-Related Harm

If you or a loved one suffered serious injury due to a healthcare provider’s reliance on pseudoscience, failure to provide proper care, or complicity in spreading harmful misinformation, you may have grounds for a medical malpractice claim. These cases are complex, often involving expert testimony and in-depth medical analysis—but they are critical in holding the healthcare system accountable.

At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, we represent victims of preventable medical harm. Our experienced team of trial attorneys investigates whether the standard of care was violated and fights to secure justice for those who were misled, mistreated, or ignored.

If you believe medical misinformation played a role in a serious injury or wrongful death, call us at 212-943-1090 for a free consultation.