i need a surgery and i was getting it on an Monday and I saw a law firm had this ad of a person on the operating table and then she dies. that is not a good ad and that made me scare of getting the surgery . So what am I to do and they have another of a car accident and she does not live. I am single parent of 2 children and it is hard for me to do this. I think they should take it off the air.
Generally, the First Amendment protects commercial speech. Commercial speech loses its protection if it concerns illegal activity or is misleading.. See, Central Hudson Gas & Elec. v. Public Service Comm'n of NY, 447 U.S. 557 (1980).
Though the ad upset you, there is no indication that the commercial is unprotected under the First Amendment. However, you can call the television station, the law firm, or Bar Grievance and voice your concerns.
If you don't like the slime oozing out of your TV set, turn off the TV. But suing a law firm because their commercial seeking to attract those whose loved one suffered a wrongful death made you opt out of surgery? Not a chance. Every surgery carries risks, and the risk that you will die is one of those risks.
Not legal advice as I don't practice law in Maryland or hold licensure there. It's just my two cents on the facts you describe based on knowledge of general principles of law. If you need legal advice, consult Maryland counsel. I practice in Vermont ONLY.
No I don't think you have a case here as you don't have any real damages. If the commercial is upsetting and offensive to you and you think that it is inappropriate then contact your state bar association and make a complaint. Sorry this upset you. Having surgery is scary enough as it is!
If you have a problem with the advertisement, contact the firm and let them know that.You do not have any cause of action against them.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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