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MEDICINE MAGAZINEâ&#x201E;˘ The Magazine for Big Thinkers

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Letter From The Editor Hello and Welcome to BIG Medicine Magazine™ - The Magazine For Big Thinkers. I have been in the medical industry for almost 25 years and have witnessed many changes, both in patient attitude and doctor attitude. Until recently, medicine was a field that was highly respected and doctors were revered as healers, leaders and life changers. Doctors were high achievers and high earners. We are currently witnessing a trend wherein doctors’ pay has been cut dramatically, while the earnings of young entrepreneurs are in the stratosphere. BIG Medicine Magazine™ aims to help its readers realize their value and worth, put the glamour and respect back into medicine, and help physicians develop business and personal traits to help them create a successful, sustainable and fulfilling medical practice.

Angela O’Mara

Which Shoe Are You?

Editor-In-Chief Founder

On a recent shopping trip with my family I came across a fantastic window display at the Converse Store in Santa Monica, CA. Housed in 7,000-plus sq. ft., the store offers more than 200 different styles of Converse footwear, as well as apparel and accessories for men, women and children. A full selection of Chuck Taylor All Stars, One Stars and Jack Purcells, as well as the Converse Skateboarding collection and Converse by John Varvatos, is carried in-store. For those looking for a more personal shopping experience there is a Converse Customization Station, where customers can screen-print various styles of footwear, apparel and accessories using over 150 unique graphics.

So, What Does The Converse Shoe Have To Do With You and Your Medical Practice? Every time I consult with a doctor, whether they’re a plastic surgeon, an anti-aging specialist, an OB/GYN, an orthopedic surgeon, a family practitioner, the list goes on, they always say: “I’m just a doctor. I do the same surgery or medical procedure as the other doctors in my specialty.” Hmmmm…… When you think about it, the Converse shoe is… well… it’s a shoe!! Just one shoe! One shoe that has been re-designed in hundreds of different ways. Each design is completely unique. Some styles are more in demand than others. It’s a shoe that has become a clothing line, a lifestyle, a brand, an icon even. But it’s still a shoe. Standing there in that store a lot of words came to mind. Tradition. Brand. Comfort. Style. Family. Competition. Individual. American. Craftsmanship. Icon. In a world where one-size-fits-all, and there are thousands of brand choices and styles of athletic footwear, Converse has remained unique and progressive. To own a successful medical practice in today’s medical world you cannot afford the commoditization of medicine. To remain competitive, you must remain unique in your approach to your medical practice. That is why we bring you BIG Medicine Magazine™ - The Magazine For Big Thinkers! BIG Medicine Magazine™ hopes to inspire you into action, and to provoke you into thinking outside of the norm. BIG Medicine Magazine™ is for leaders like you. Enjoy

MEDICINEMAGAZINE MAGAZINE™™ MEDICINE TheMagazine Magazinefor forBig BigThinkers Thinkers The

www.bigmedicinemagazine.com

BIG Medicine Magazine™

T able of C ontents 6 -7

Your Reception Area

8 - 11

Practice Leadership

13 - 16 17 12

Marketing Made Simple

21 18 - 19

Industry We AskedTransformer The Doctors

24 - 24 25 20

We AskedTransformer The Doctors Industry

MEDICINE MAGAZINE™ The Magazine for Big Thinkers

Editor-In-Chief Angela O’Mara Copy Editor Brandon Murphy Barnes Contributing Editor Michael O’Mara Graphic Design Joe Felipe Publisher Giles Raine Tel: 949 768-1051 Fax: 949 768-1060 www.bigmedicinemagazine.com info@bigmedicinemagazine.com

Ready For Your Close Up?

28 - 29

Trail Blazers

30 - 31

How To Keep Meds Safe

32 - 33

The Legal Eagles

How Stable Are Your Patients?

Cause Related Marketing

Protect Your Innovations

Contributers

History of Scrubs

Advertising Sales 949 768-1051 All content in this magazine is protected and may not be copied, reprinted or republished without written permission of Publisher. All rights reserved. BIG Medicine Magazine™ is a Registered Trademark.

Industry Transformer Feature Story

Dr. Jon Garito shares the secrets to his business success.

Read more page 20 18 4

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Why Are We Waiting? How often do you sit down in your practice waiting room (or as we at BIG Medicine Magazine prefer to call it, the reception area) and take stock of what your patients experience each time they pay you a visit? We dare you to arrive at the office 15 minutes earlier than usual and take a moment to sit down in your reception area. Put yourself in the shoes of a patient. What does your reception area say about YOU? Does it showcase your academic background, your surgical skills and medical talent? Remember you only have one chance to make a FIRST impression.

What do you see? • How comfortable is the environment? • Is it clean? • Are there educational materials about you? • Does it project first-class service and medical expertise? • Is there video streaming your messages? Or the services you provide? • Ask yourself: “If I was a patient, is this the kind of place where I would want and choose to spend MY money?”

Is Your Receptionist Losing YOU Money? No matter how much money, time and effort you spend on marketing your medical practice it will all be for nothing if each new patient caller reaches voice mail, gets lost in a dizzying array of options, gets hung up on, or, EVEN WORSE, gets stuck on a call with someone who does not know how to handle a patient call. Do you realize that a poorly managed telephone call could cost you many thousands of dollars in lost revenue? The majority of medical practices pay the least amount of money for what is one of the most important jobs in the office next to the doctor’s job. Yes. You got it right the first time. The receptionist is often the most UNDERPAID and least trained person in the office. No wonder you’re losing money. The receptionist is not just answering the phone. They are your immediate connection with the outside world. They are the FACE and VOICE of YOUR practice. Your receptionist holds the power to turn that caller into a paying patient, or to lose them, allowing that patient to go elsewhere for a procedure that you could have performed. Also, consider the fact that we are not talking about

A prospective patient will never have the chance to consult with you if they have a bad experience with your receptionist. Your medical practice is a business that sells medical services. In any other business organization

just one procedure. That same patient may have returned to you for further procedures, and referred their friends and family.

these types of calls would be called Sales Leads. These calls must be treated with importance.

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Your Receptionist Should NEVER • Refer prospective patients to any of your competitors. If you do not offer the procedure they are requesting, you should have a clear protocol of how to handle this type of caller. • Sound anxious to get off the phone. • Be discourteous or uninterested in the patient’s needs. • Give any medical advice, e.g. determine the length of recovery time if a caller is planning to have surgery before a big event. • Think they are offering good advice when, in fact, they are putting the caller off having a procedure with you. • Forget to take down the name and contact info. • Hang up without booking a consultation.

Your Receptionist Should ALWAYS •

Greet the caller with a warm, friendly smile.

•

Ask how they can help them and listen.

•

Ask how they heard of you.

•

Only offer basic information and then suggest a consultation with you.

•

Obtain contact information and put it on the Tracking Sheet.

•

Book a consultation.

•

If the caller is not ready to book a consultation, they should ask if they can add them to your e-newsletter or if they can send literature in the mail, then schedule to call that patient back in one week’s time.

While your receptionist should be able to answer basic practice and treatment information, they should not try to play doctor on the phone. Booking the consultation or an appointment with you is the best thing they can do.

You know that space between where you are now and where you want to be? The gap of space that exists between where you are currently standing and the journey into the future that you want to create. At BIG Medicine Magazine™ we call it “The Gap” and in order to help you cross that fateful gap, we have created BIG Strategy, a special tool to help you bridge this gap to your future practice success. You can access this FREE practice assessment at www.bigmedicinemagazine. com/bigstrategy.

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The Trickle DOWN Factor An Imaginary Story. Or is it? The doctor arrived at his office at his habitual 8.50 a.m., and he strolled up to his office via the back stairwell. After calmly entering the back entrance of his established medical practice, he proceeded to hang up his jacket, gave his briefcase to his nurse (who handed it over to his personal assistant) and went into the locker area to change into clean scrubs. From there he went to the OR area and began to scrub in for his first surgery of the day. It never occurred to him that surgery was scheduled to begin promptly at 8.30 a.m. as he had requested. Nor did it occur to him that his staff, patients and anesthesiologist were waiting on him. Or that this 20 minute wait was going to put his whole day’s schedule behind…… again! Surgery went very well as expected. After all, this wasn’t your average medical doctor, this was one of the world’s most premier cosmetic surgeons and the results of his work were known throughout the world. His reputation was stellar. And his

TV presence was untouchable. The other three surgical procedures he had scheduled that day also went well, exceedingly well.

At 1.30 p.m., the doctor was finished with surgery. He came out of the OR area, quickly showered and changed into his tailored suit. Breezing through the back of the reception area, he noticed that the waiting room was crowded. It looked like a busy afternoon of consultations was waiting for him. He stepped into his office and closed the door. The next minute his personal assistant came in with lunch and a stack of files to be reviewed, letters to be read and checks to sign. He insisted that this be done everyday so he could keep on track of paperwork and still do surgery every day. The only problem was, he was almost one hour behind in the day now. (Damn it.) He had a few bites of lunch, quickly looked at the afternoon patient files and then, perturbed, he told his personal assistant that because he had been overbooked with too many patients again, he would not be able to go over any important paperwork until later. With that he began his round of consultations, getting more and more irritated with each one, although his patients would never

He felt like a hamster on a wheel, the wheel he had been running on for the past decade of his practice life. know of his inner angst.

He was a medical doctor, a plastic surgeon, and one of the finest. Medical school did not prepare him for the real world of managing a business. Everything he had learned about running a medical practice came out of fellowship training, personal hard work and determination. He had not been taught anything about business, and after all these years in practice he still didn’t get it. He was fortuitous, however. The effect of his business naiveté was not diminishing his wallet. He was making ample money and, by all appearances, has reached the heights of success. However, keeping up with this pace was taking a toll on him and he knew he needed to make changes.

He was getting to the point of realizing that “it all trickles down from the top.” In other words, the ramifications of his daily habits and actions were having a direct impact on his staff, his practice and his health. It was time to make a change. Does this sound familiar to you? Many doctors feel that they have a little bit of this person in them. Others have a lot. Wherever you fall on the scale, however, there is always room for change and practice growth. The first realization that you are at the top of the pyramid can be quite daunting. You might even feel unbalanced, or unsteady. However, once you realize that by focusing your attention on making sure that your first step everyday is the right one, pretty soon your confidence and tenacity will grow as you realize that your staff is following every step you take. 8

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Leader Worthy Traits In the book, Lessons From The Top: The Search for America’s Best Business Leaders, Howard Schultz, the CEO of Starbucks, made the following observation: “I think it’s very difficult to lead today when people are not really truly participating in the decision. You won’t be able to attract and retain great people if they don’t feel like they are part of the authorship of the strategy and the authorship of the really critical issues. If you don’t give people an opportunity to really be engaged, they won’t stay.” As a medical doctor you really are similar to other entrepreneurs with employees and one of your primary goals should be to attract (and keep) motivated staff. So let’s explore the six key traits that will help you become the kind of leader people love working with.

1. The BIG Medicine Vision As the leader, you must communicate your vision, or the vision of your practice, to the people you want to follow you. To do this, paint a picture with words. Speak it, write it, and draw it. Whatever methods you can use to create a picture, do it. As they say, “A picture is worth a thousand words.” Ask each of your staff members to repeat back, in their own words, about the vision of the practice. How close is it to what you thought they understood? Is your team on the same page as you? Your practice vision should be in your mind every day, and you should reevaluate it occasionally so that it stays current.

2. The BIG Medicine Passion We all want passion. You want passion. Your employees want passion. In fact, some of us will travel to the end of the earth for it. Christopher Columbus explored unchartered territory. Why? Simple. His leaders’ passion inspired him to take on new and very dangerous challenges. For you to build an extraordinary medical practice you have to get your team really excited about you and your vision.

3. The BIG Medicine Decision You must learn to make sound decisions. How are major decisions made at your practice? What is your process for making them? Some leaders have a set process. Others meet with their management team, while others fly by the seat of their pants. Most of all you don’t want to become an isolated leader who doesn’t consult anyone before making a decision.

4. The BIG Medicine Leader To become a great leader, you must develop a great team. But how do you do that? You can start by carefully handing off responsibility to your team and letting your team run with it. Don’t breathe down their necks and DON’T micromanage! DO make yourself available if questions or problems come up. Don’t forget to use humor to keep your team’s spirits up during a crisis. When an emergency hits, your team will look to you to be a tower of strength, endurance and leadership.

5. The BIG Medicine Character Without character all the other “key traits” are meaningless because it is your innate character strengths and limitations that play a critical role in your leadership style. The real question is, are you aware of just what role you play? All great leaders have taken steps to learn about their individual personality and what part it plays in their leadership style.

6. The BIG Medicine Clarity If you are able to explain complex ideas in a clear and simplified manner, you will ultimately achieve the best result. Make sure that everyone on your team is crystal clear on their specific task, roles and responsibilities.

Learning your personal leadership style through a simple assessment such as the popular Myers-Briggs Assessment, can help you begin to understand how you can effectively manage your medical practice all the way to the top. As Nike says, “Just Do It”.

BIG Medicine Magazine™

Fingerprint Is The Same

You’ve heard all the clichés about individuality. You know, things like “you’re one of a kind”, or “one in a million”, “cream of the crop”, you get our drift. True as those clichés might be, many doctors don’t see themselves as individuals. They see themselves as part of a specialty within the medical field. They see themselves as more experienced than other members of that specialty, less experienced or about the same. But they don’t necessarily see themselves as being unique. However, if you asked 100 or more patients why they selected you or a particular doctor to treat them, each of their answers would be different.

In recent research by BIG Medicine Magazine we asked patients this question and received some surprising answers: We asked patients if they remained loyal to their doctor. 82% said YES! 14% said NO. Out of that 82%, 65% said they remained loyal because their doctor listened to them and treated their needs. The remaining 17% said they felt their doctor was well informed, up to date and cared about their general health. The 14% that said NO told us that they were unhappy and disloyal based on reasons such as the doctor’s office was too busy, and they had to wait too long which made them feel unimportant.

BIG Medicine Magazine asked 100 patients: Is a doctor’s website important to you? 85% YES

15% NO

Is a doctor’s staff important to you? 88% YES

12% NO

Is a doctor’s surgical and academic training important to you? 100% YES

0% NO

Is a doctor’s office décor and level of comfort important to you? 91% YES

9% NO

Is a doctor’s reputation important to you? 99% YES

1% NO

Are you more likely to book a consultation with a doctor you see in a TV interview? 78% YES

22% NO

Next time somebody asks what is unique about you, your answer might simply be “I care about my patients”. However, to learn more about finding out how truly “unique” you REALLY are then take our Unique YOU Quiz. Go to www.bigmedicinemagazine.com/uniquequiz. 10

BIG Medicine Magazine™

FIRE YOURSELF TODAY!

Regardless of how long you have been in practice, the moment you step back and fire yourself and become an OWNER rather than an employee, or the doctor, is the day when you will take full ownership of YOUR future. Start by choosing your date of termination from being an operator to an owner. Make it official and shift your thinking. You will be amazed at what you can begin to create when you have an owner’s mindset.

All work and no play makes for a DULL doctor!

What to STOP and START Sales and Marketing are number one in the big world of business. However, not all marketing is equal. Regardless of your medical skills and practice reputation, sales and marketing is the POWER that drives a medical practice. Before engaging in any kind of marketing, or hiring a firm to help you, you must first determine WHAT it is you are creating

When Was The Last Time You Played Charades?

and WHY you are creating it. What Do You Need To STOP doing? •

STOP wasting time and money hiring the wrong people.

•

STOP thinking you can save money by doing your own marketing.

•

STOP relying on only one aspect of marketing.

10 Top Ways To Have MEDI-FUN!

•

STOP thinking that if you do what somebody else did, it

• Play miniature golf

•

START thinking like a BUSINESS OWNER, not a doctor.

• Sky dive

•

START to organize a more cohesive, LONG and SHORT term marketing plan.

• Go bowling

•

START to be the practice LEADER.

• Eat something delicious and OFF diet

•

START avoiding (or stay away from) the pessimists.

•

START to do MORE of everything – promos, parties, networking, creating, training, motivating.

will work for you too. What do YOU need to START doing?

• Watch a funny movie

• Try paddle boarding • Take up painting • Participate in a Mud Run • Fly a kite • Play Charades

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Who WhoAre AreThe The Power PowerPublicists? Publicists? OK. So we’re biased. BIG Medicine Magazine™

OK. So we’re biased. BIG Medicine Magazine awards Angela O’Mara and the team at The awards Angela O’Mara and the team at The Professional Image, Inc. with the BEST medical Professional Image, Inc. with the BEST medical publicist’s award. Besides the fact that Angela publicist’s award. Besides the fact that Angela is Editor-in-Chief of this magazine, here are the is Editor of this magazine, here are the reasons reasons we vote her agency and the TPI team as we vote her agency and the TPI team as TOP TOP POWER PUBLICISTS! POWER PUBLICISTS!

• In 1988, TPI was the First PR Agency to meet with Women’s • In 1988, TPI was the First PR Agency to meet with Women’s Magazines editors and New York media to discuss consumer Magazines editors and New York media to discuss consumer interest in aesthetic surgery interest in aesthetic surgery. • First PR agency to represent individual surgeons to the • First PR agency to represent individual surgeons to the media media. • First PR agency to work with hit shows ABC’s Extreme Makeover, E! Dr. 90210 as well as a host of other TV networks • First PR agency to work with hit shows ABC’s Extreme and news shows worldwide Makeover, E! Dr. 90210 as well as a host of other TV networks and news shows worldwide. • First agency to be invited to speak at medical industry events to explain the benefits of PR and Marketing to • First agency to be invited to speak at medical industry doctors events to explain the benefits of PR and Marketing to • doctors. First agency to help medical departments of major Universities host successful commercially sponsored • First agency to help medical departments of major educational and surgical post-graduate paid events for Universities host successful commercially sponsored doctors educational and surgical post-graduate paid events • for doctors. First agency to put together the aesthetic industry’s largest multi-disciplinary medical teaching event • First agency to put together the aesthetic industry’s largest • First agency to write a guide book on The POWER of PR for multi-disciplinary medical teaching event. medical doctors • • First agency to write a guide book on The POWER of PR for Most personable, qualified and creative staff medical doctors. • The best genuine British accents • Most personable, qualified and creative staff. • The best genuine British accents.

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Small Practice + Small Mark Many doctors have a problem with marketing. Not because they don’t understand it, because many of them do. It’s not because they are afraid to try new things or step outside of their comfort zone. It’s also not because they are unwilling to invest time or spend money, we know you do. It’s also not because they don’t seek the advice of experts, we know you hire marketing firms. The real problem is that it is simply too simple. Or at least the perception of it is.

Marketing is too simple and that’s the problem!

Simple isn’t the same as easy. Some things look easy – like setting up a Facebook page or creating a Twitter account. But unless you have a strategy to guide you in using these tools and platforms – one that’s a part of your larger business plan – then no quantity of likes or tweets will get you closer to your marketing goals than you are today. That being said, at its core, marketing should be very simple. As a doctor you generally offer a great product or service that is much in demand. If you clearly communicate that message to the people who really need you, then marketing is simple….. right? Simple does not mean easy. Qualified and un-qualified gurus, experts and self-proclaimed experts are a dime a dozen in the medical industry. In many cases, they’re people who have been lucky

with one technique, and are now claiming they can change YOUR world if you just pay for their training, their product, or their consulting services. As a doctor this becomes a very real problem because every expert you’re exposed to is talking about just one tiny piece of the marketing puzzle. Just as you have your specialized area of medicine within which you treat patients, these experts generally offer one isolated solution to your overall marketing needs. (In itself it doesn’t sound too damaging, however, if you sink all of your efforts into one area, rather than treating the practice as a whole, then tactics defeat strategy and you end up losing... losing money that is.) You can end up with a minimally effective result that may be more damaging and expensive than the original problem. Marketing is an umbrella of different solutions to further enhance and grow your medical business. However, understanding your perfect patient is the true solution to BIG Medicine Marketing. Marketing that uses all of the services under the umbrella of solutions with a knowledge and understanding of WHO IS YOUR MOST IDEAL PATIENT. Small marketing is an addon to your practice. You are already an expert at what you do, what you offer, how you distribute it, and how much you charge. Now all that’s left is marketing to get the word out and to get patients in the door. The problem is that all of these are VERY important to your practice, however, these things are not what REAL marketing is about. The opposite of “small marketing” is “big marketing”. Big marketing is not Big strategy. Big Marketing is understanding WHO IS YOUR MOST IDEAL PATIENT and what you can offer them that will have them knocking down your door. It’s getting their attention, and locking them into a cycle of participation, commitment and reward that will turn them into avid, loyal patients. Patients that return to your practice, over and over again, and….. patients that REFER other patients just like them to YOU. Small marketing isn’t just incomplete – in the absence of proper “big marketing”, it is completely meaningless.

The three elements of successful BIG Medicine Marketing are: • ALIGN • ATTRACT • ENGAGE

Alignment

The first step to effective marketing is to create a perfect fit between the patient you want to reach and the offer that you’re trying to make. This is another one of those “easier said than done” pieces of advice, but it all starts with one step. Start by identifying the perfect patient. Who is it that has the more painful problem you can solve? And who is going to be receptive to your message, enthusiastic about your offer, and eager to tell their friends about the experience you create? It’s important to be as specific as possible when determining your perfect “patient profile” because once you have an idea of who they are, you can begin to tailor a plan that speaks directly to them. Aligning what you offer with who you’re offering it to takes 90% of the guesswork out of your marketing. This fits into your overall business strategy because when you know who you’re trying to reach, their values, wants and needs will all help to shape the foundations of your practice. 14

BIG Medicine Magazine™

keting = REALLY BIG LOSSES Attraction

Once you’ve made that perfect match, you need to capture customer attention. This is as much an art as a science, and it’s where many of the “small marketing” tactics come into play. You now know who your ideal patient is, and have determined that what you’re offering them is right for them. Now you just have to identify where you are most likely going to encounter them so that you can deliver your message to them – both on and offline. Prospective patients are influenced via many different contemporary and traditional

it can take up to six impressions to make a first impression. In other words, a prospective patient might have to see your message in a variety of platforms

platforms. Remember: the general rule of thumb with marketing attraction is that

before it resonates with them that you are offering something they have been looking for. Some people spend more time on Twitter, others on Facebook, others on a host of other social media sites. Some people read newspapers, some listen to the radio, others prefer to watch TV or videos, while some like receiving an old-fashioned letter or newsletter in the mail. There

is no One Size

Fits All solution. How you go about attracting the attention of your audience is going to influence your internal and external marketing, your customer service, your web presence, your PR and marketing outreach. It may even influence how you choose to accept payment.

Engagement

This is your secret weapon for future practice growth. The most time consuming and expensive part of marketing is getting the attention of a new prospective patient. Now that you have the attention of your target audience, you need to encourage them to take a step towards becoming a lifelong patient and customer. You can’t just come right out and ask for it though – it’s too soon. What you do instead is ask for a small commitment, like joining your mailing list, or becoming a fan on Facebook. Once they make that step, you reward them with something beyond their expectations. It could be your monthly newsletter, an invitation to a special viewing of a new treatment you now offer at the practice, a chance to consult with you outside of normal practice hours - anything that makes the time and effort they put in seem worthwhile. Some forms of marketing will trigger a direct response and a call to your practice. You will most likely see this kind of response from a TV or magazine interview or an advertisement with a great call to action. However, with other aspects of marketing you may need to ask for a small commitment – or offer a free sample or trial, to get them to engage in dialogue with your practice. Finally (and you do this as many times as necessary to establish trust) you ask them to make the ultimate commitment, which is to actually buy something from you – and when they do, you give it your all to make sure they have the absolute best experience you can deliver. Of course it doesn’t end after the first purchase – the cycle of commitment and reward can be used again and again for the entirety of the patient lifespan at your practice. This is where your business plan and marketing plan really mesh and become one. Everything you do should be designed to make this cycle better and more efficient for you and your patients - which means that pretty much every part of your business will be the template of this pattern.

You see? It’s all very simple – but none of it is easy

Start at the beginning, learn from people you trust (who have excellent relationships with their patients and customers) and remember that this is your business practice – you get to make these decisions. In the non-medical world a successful business owner relies on themselves and their customers to be successful. The best way for you to do that is to understand your patients, understand yourself, and understand the BIG Medicine Marketing process as it relates to your practice as a whole. The key is keeping communication interesting, frequent and shareable.

The Core of Practice Marketing • Website copy and email marketing campaigns

• Publicity campaigns

• Brochures, flyers and collateral print materials

• Internal and external newsletters

• SEO and pay-per-click advertising

• Social media marketing

• Traditional advertising campaigns

• Practice consulting BIG Medicine Magazine™

A Media Mind Is A Terrible Thing To Waste We’ve all seen them. The press releases without a story. The publicist from hell who continues to relentlessly call a reporter or producer about the same product that has already been turned down more than…. five times! The ad copy that is borderline fraudulent. The overly exaggerated AFTER photo. Whether it’s a known fact or not, the truth is that people in the news are very busy people. Decline in advertising revenues in recent years has hurt the world of media at its very core – editorial – meaning that most major news outlets have suffered major cutbacks and staff layoffs and are operating with less seasoned writers, reporters and producers than ever. So, next time you are considering sending a news story to the media, or are hiring a publicist, please bare in mind that most reporters and producers these days have very little time to waste.

HOW TO GET THE MEDIA TO “LIKE” YOU • Make sure your news is “newsworthy.” The purpose of a press release is to inform the media of who you are, where you are and what your news story is. A press release should never be intended to make a “sale”. • Use a catchy headline. Start out strong. Your headline and first paragraph should tell the story, without giving it all away. • Writing for the Media. Your press release must be well written. In traditional media a press release will motivate a journalist or producer to consider doing an interview with you. • Not everything is news! Be careful not to gauge a story by your own personal level of excitement, or your own agenda. • Paint a picture. Illustrate with words your point of view and story idea as much as you can. • Get the facts. When dealing with the media (or with anyone for that matter) it is always better to tell the truth. Avoid fluff, embellishments and exaggerations or simply saying things to fill space. • Have a good angle. Every press release has to have a “News” angle. Without one it is not news. • Be brief, yet persuasive. A press release should be double-spaced and no longer than two pages in length. One page or one and a half pages are best. • Be brief. Fewer words are better. If you can use two words instead of four and still sound articulate and to the point, do it. • Avoid using clichés, slang or jargon. While you definitely want your press release to sound catchy and newsworthy, be careful of using slang, hype, clichés and jargon. • Don’t assume that the reader understands complex medical procedures. Write so that a person without medical training can easily understand your point.

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SURGICAL

We Asked The Doc Dr. Bacot

Dr. Fleming

Dr. Lee

Dr. Kapoor

Dr. Mayer

Dr. Pearlman

Dr. Chong

Dr. Frankel

Dr. Kridel

What Do You LOVE About Being A Doctor? “The satisfaction I get when I see that I’ve made a positive impact on someone’s life.” Marcel Daniels, M.D., F.A.C.S., Long Beach, CA “The chance of performing surgery to change peoples’ lives.” Brent Moelleken, M.D., F.A.C.S., Beverly Hills, CA “I love anything and everything about cosmetic surgery, talking about it, writing about it and doing it. My job is my passion. Retirement is for people that hate their jobs, I never plan to retire.” Joe Niamtu, III, D.M.D., Midlothian, VA. “Feeling good about helping people every day I work.” F.R. Noodleman, M.D, Campbell, CA “The independence of being able to control how and what I choose to do.” Anonymous. “Love the confidences and stories shared with the patients.” Dr. Lavinia Chong, M.D., F.A.C.S., Newport Beach, CA “As a facial plastic surgeon I can first hand, through the combination of science, art, and many techniques, surgically help improve the patient’s self-image by creating a pleasing aesthetic result; seeing the patients’ positive results and sharing in their excitement is very gratifying and justifies the great trust that patients place in me.” Russell W.H. Kridel, M.D., F.A.C.S., Houston, TX “I love being a doctor because I can make a difference in someone’s life, i.e. self-esteem, appearance, etc.” Harrison H. Lee, M.D., D.M.D., F.A.C.S., Beverly Hills, CA “The opportunity for positively influencing patients and my discipline of facial plastic and cosmetic laser surgery.” J. David Holcomb, M.D. Sarasota, FL “The ability to change people’s lives.” Steven J. Pearlman, M.D., F.A.C.S., New York, NY

BIG Medicine Magazine™

“I practice medicine with my heart, and it is an absolute joy and privilege to take care of my patients. I treat each like a loved family member with dignity, respect and compassion.” Kedy Jao. D.O., F.A.A.F.P., La Mirada, CA “I love most my interactions with my patients and the potential to do some good for other people. It can be most gratifying.” Andrew Frankel, M.D., F.A.C.S., Beverly Hills, CA “Caring for patients and improving the quality of their lives.” Michael J. Will, DDS, M.D., F.A.C.S., Ijamsville, MD “I enjoy making a positive change in people’s lives that also enhances their quality of life. Seeing changes in their self-esteem is a very rewarding experience for me personally.” Vishal Kapoor, M.D., Beverly Hills, CA “Love helping people, love making people happy. Love the challenge of my profession. Love the lifestyle this profession provides me (have many visitors from around the globe and I get to visit doctors from around the globe too).” Juris Bunkis, M.D., F.A.C.S., Rancho Santa Margarita, CA “I love helping people to feel better about themselves with body image issues.” Toby G. Mayer, M.D., F.A.C.S., Beverly Hills, CA “I love meeting people from all over the world and helping them achieve their goal.” Richard W. Fleming, M.D., F.A.C.S., Beverly Hills, CA “The thing that I love the most about being a doctor is the opportunities to interact with so many diverse individuals, whom otherwise I would never meet, and to be given the opportunity to use my knowledge and experience to solve medical challenges in their lives.” Brian Bacot, M.D., St. Thomas, VI ”By changing people’s appearance and having a positive impact on the lives of others.” Kevin Sadati, M.D., Newport Beach, CA

tors. They Told Us! Dr. Jao

Dr. Bunkis

Dr. Daniels

Dr. Noodleman

Dr. Moelleken

Dr. Will

Dr. Sadati

Dr. Niamtu

What’s The BEST Thing You Changed In The Last 5 Years? “I have changed my outlook on life and what I expect from it.” Marcel Daniels, M.D., F.A.C.S., Long Beach, CA “We have implemented new areas in the face that can be beautified with LiveFill, permanent live facial filler.” Brent Moelleken, M.D., F.A.C.S., Beverly Hills, CA “That is so hard to answer because I am constantly changing everything. Excellence is a journey and requires continual tinkering. I am always changing our forms, letterhead, cleaning service, patient consents, website, blog, marketing, etc. It drives some of my staff nuts, but you have to change to progress.” Dr. Joe Niamtu, M.D., Midlothian, VA.

“I spend more time with each new patient to really get to know their goals and aspirations.” Steven J. Pearlman, M.D., F.A.C.S., New York, NY “I added Anti-Aging Medicine and Regenerative Medicine to the practice to keep patients healthier and younger.” Kedy Jao. D.O., F.A.A.F.P., La Mirada, CA “The way I select patients. I am more careful about who I operate on and less anxious to take on all newcomers. You cannot satisfy everyone!” Andrew Frankel, M.D., F.A.C.S., Beverly Hills, CA

“Becoming a vegetarian.” F.R. Noodleman, M.D., F.A.C.S., Campbell, CA

“Hired and developed a dedicated, caring and service-oriented staff with a common vision of the practice.” Michael J. Will, DDS, M.D., F.A.C.S., Ijamsville, MD

“Hiring another physician to work with me.” ~Anonymous

“Taking a risk and building out my surgery center.” Vishal Kapoor, M.D., Beverly Hills, CA

“Incorporating yoga into my daily routine, it compliments my professional and personal life.” Dr. Lavinia Chong, M.D., F.A.C.S., Newport Beach, CA

“Started our own skin care line, MD Performance® Professional Skin Care.” Juris Bunkis, M.D., F.A.C.S., Rancho Santa Margarita, CA

“I’ve empowered my staff to make decisions on their own when patient care or happiness can be improved by their timely action with the underlying philosophy to treat all patients as if they were family.” Russell W.H. Kridel, M.D., F.A.C.S., Houston, TX

“More advantages to tissue expansion for reconstruction and facial aesthetics.” Toby G. Mayer, M.D., F.A.C.S., Beverly Hills, CA

“After many years in practice, I finally realized the importance of personally seeing my post op patients frequently instead of delegating it to our nurses.” Harrison H. Lee, M.D., F.A.C.S., Beverly Hills, CA “Approach to facelift surgery - integrating both laser lipolysis assisted contouring of the lower face and neck and structural fat grafting have had a profound impact on initial outcomes and long term results. A close second would be “rebooting” the office computer infrastructure (to iMacs) and transitioning to Electronic Medical Records.” J. David Holcomb, M.D. Sarasota, FL

“I have emphasized less involved procedures with preventative treatments such as skincare at a young age.” Richard W. Fleming, M.D., F.A.C.S., Beverly Hills, CA “The number one best thing I’ve changed in the last five years is the location of my practice from the Atlanta, GA area (which I loved ) to the United States Virgin Islands (which I love more) - no comparison!” Brian Bacot, M.D., St Thomas, VI “By diet and exercise, I have put myself into the best possible shape and form.” Kevin Sadati, M.D., Newport Beach, CA

BIG Medicine Magazine™

Industry Transformer Dr. Jon Garito At the age of 23, Industry Transformer Jon Garito, Ph.D., took over the family business. At that time, there was one product and eight employees. Over the course of 37 years, Dr. Garito transformed the Radiofrequency device and developed it into over 100 innovative surgical patents that would be used by physicians in 12 different medical specialties, and achieving worldwide sales in 70 countries, including the USA. By understanding and listening to the needs of the doctor, Dr. Garito not only transformed a small, family owned business into a multi-million dollar corporation, but also helped thousands of doctors improve their surgical outcomes by introducing them to the precise and bloodless field of radiosurgery. In 2008 Dr. Garito sold the company he transformed, Ellman International. He is now the founder and CEO of Life Sciences Technology, a company that helps doctors turn their ideas into innovative, marketable and patentable products. Dr. Garito shares with BIG Medicine Magazineâ&#x201E;˘ his trials and tribulations in the highly competitive field of medical device development.

BIG Medicine Magazineâ&#x201E;˘

THE EARLY DAYS

Dr. Garito began working at Ellman Dental Mfg. a Dental device company specializing in Radio Frequency (RF) technology in 1973 when he was in college. It was a small company owned by his father-in-law, Dr. Irving Ellman, and his wife Shirley Ellman. Dr. Ellman was a dentist (and an electrical engineer.) In 1974 Garito started law school, but found that he loved working at Ellman Dental Mfg., and continued to work there juggling law school and work. During the course of the next year Dr. Irving Ellman was diagnosed with cancer and consequently died. The family was devastated and, not knowing what to do with the company, thought first to sell it. Garito quickly stepped in and bravely told his family: “I can run the business,” he recalls. “I really believed that I could. I especially enjoyed the interaction with the Dentists.” At first it was overwhelming trying to manage the business and attend law school, so Garito decided to take a leave of absence from law school (although he did ultimately get a Ph.D. in Business in 1981) to devote all of his time to the company. Dr. Ellman’s youngest son Alan also joined the business. In the early days, the company was primarily in the dental field, but Garito Dr. Peter Raus, Oculoplastic Surgeon Brussels, Belgium and Dr. Jon Garito was eager to transfer the RF technology and, while helping a friend and veterinary surgeon, he realized that he could make minor adjustments to Ellman’s signature Dental radiofrequency device, the Dento-Surg, to help veterinary surgeons perform faster bloodless surgery on small animals. “It came easily to me. I worked closely with electronic engineers to increase the wattage to support small animal surgeries,” said Garito. “The higher powered RF devise was named Surgitron.” From there, the medical world was his oyster. Next it was dermatology. At a medical conference, Garito became friends with Dr. Sheldon Pollack a leading dermatologist who was Head of the Dermatology Clinic at Duke University. Garito and Pollack began research together realizing that the Surgitron was not only a novel device, but one that was highly effective at removing skin lesions, lessen pain, reduce healing time, and decrease scarring. “ Dr. Pollack had a tremendous amount of experience and credibility and was a very highly respected dermatologist,” stated Garito. “He was amazed by what the (RF) radiofrequency technology could do.” Dr. Pollack expanded the Dermatologic range of surgical procedures for the RF Surgitron while Garito developed RF accessories to support these new soft tissue applications.

THE IMPORTANCE OF TRAINING THE TEAM

Training on the use of the RF technology was already provided to dental surgeons at Universities and Dental Congresses. When Dr. Pollack said that he was interested in further training on the device the only option was to send him to a dental course. “At first I was somewhat embarrassed by the situation. Here we were with one of the most revered dermatologists in the country and without any peer training to support him,” recalls Garito. “As it turned out, it was a blessing in disguise. Dr. Pollack took Dr. Jeffrey Sherman’s dental course at the University of Connecticut and then became a lead trainer and developer of his own courses for the American Academy of Dermatology (AAD.) It was a win, win situation.” Garito quickly realized that he had a tiger by the tail and within a few short months began expanding the medical reach and capabilities of the Surgitron radiofrequency device, and developed training courses for the many doctors who saw the potential in these technologies. These lectures took off and so did the use of the radiofrequency unit. This was the tip of the iceberg. Training of the team was on the move.

CREATING INTELLECTUAL CAPITAL

Garito went on to develop strong relationships with high level luminaries in all surgical specialties. These relationships produced scores of new surgical procedures and numerous novel RF accessories for all kinds of soft tissue uses – eyelid lesions, rhinophyma, dermatology, ob/gyn procedures. He began driving the business from one medical specialty to the next transferring the RF technology and found that the company was highly successful in each and every specialty. The welcome reception from doctors was exciting. “Doctors would have different requirements,” said Garito. “Gynecologic surgeons were using a scalpel and scissors to trim labia and when one doctor asked if I could help him do this without excessive bleeding, I was able to shape the tip and diameter of the RF electrode to achieve what the doctor wanted.” The same held true in blepharoplasty when doctors were asking if he could help them make an incision in the eyelid and melt excess fatty tissue, thereby creating a new bloodless field for surgery, he was quick to adapt his technology for this purpose. Many doctors went from scalpel to laser, and then to radiofrequency. He quickly realized that he could create an RF electrode for almost any soft tissue or endoscopic surgical application. Doctors were drawn to Garito’s creative thinking, enthusiasm, energy and personality, including Dr. Constantin Stan an internationally renowned breast surgeon who practices in Romania. Dr. Stan’s close relationship with Garito contributed to the development of improved approaches to breast surgery with innovative customized RF tools. To protect this valuable asset, Garito set about getting patents on his inventions. Many noted multi-specialty surgeons published clinical articles in leading medical journals and textbooks on the RF Surgical device and its RF accessories. Over the course of his career Garito was granted over 100 patents on his inventions and, rumor has it, he’s not finished yet.

Note: Alan Ellman, a former executive and co-owner of Ellman International is listed as co-inventor on many of the patents referenced in this article.

BIG Medicine Magazine™

FUN AND GAMES WITH THE FDA

In the USA, the official stamp of approval on any medical device is an FDA clearance. However, it’s very difficult in the USA to bring a product to market. Dealing with the FDA is difficult, costly and time consuming. Many large medical device companies in Europe and Latin America don’t even try to sell their products in the USA because of their lack of knowledge, or willingness to work with the complex FDA process. Garito learned firsthand the importance and the idiosyncrasies of dealing with the FDA. “First, you have to realize that when dealing with the FDA you are generally not involved with doctors, but rather engineers who have a completely different thought process and perspective,” said Garito. “It’s problematic and at times frustrating but you have to go through the regulatory system. While it might be construed that the FDA is inhibiting growth in new product development in the USA, for those that stick with the process and gain FDA clearance, the sky’s the limit.” Garito says he has a high level group of FDA and International regulatory experts now on board to help other inventors bring their medical product to market.

Dr. Despande and Dr. Vogt of Rome, Italy with Dr. Jon Garito

HERE COME THE BIG BOYS

Every entrepreneur and innovator dreams of the day when the big leader in the industry wants to buy their company. For Dr. Jon Garito that day came too soon. “Looking back people must have thought I was ‘insane’ when I turned down the first offer to purchase Ellman by a giant surgical company,” said Garito. “Here I was in my early 40’s when the President of this huge company approached me wanting to make a purchase. I was flattered, but I was not interested,” said Garito. He knew it wasn’t the money he was interested in, Ellman was already a success and he was making money, it was the challenge to continue growing and the camaraderie he had developed within the medical community. He was having too much fun. He was more passionate about helping doctors better serve their patients than he was in selling the company. The time wasn’t right. He continued developing new technology, creating more patents and penetrating more areas of medicine. He introduced the biggest advance in RF surgery the 4 MHZ Dual Frequency device. This new RF device was highly acclaimed and received both FDA clearance and a patent. There was still a lot of unchartered medical territory for him to explore, and thousands of doctors yet to convert to the superior and practical use of RF technology. At this time Garito started a second company Ellman Innovations (now Elliquence) with his partner, and they then entered the Spine and Neurosurgery fields.

TAKING THE WORLD MEDIA STAGE

“When Dr. Luis Rubio of Lima, Peru brought his patient Milagros Cerron to the Ellman offices in New York there wasn’t a dry eye in the room, including my own,” Garito reminisced. Young Milagro suffered “mermaid syndrome” or sirenomelia, a condition wherein the girl’s legs were joined, a condition which usually kills sufferers within days of birth. Dr. Rubio, with Garito’s guidance, had used the patented Radiowave 4 megahertz device to successfully separate the legs of this one year old girl. They had been invited by Oprah Winfrey to appear on her TV show and, after meeting with Oprah, Dr. Rubio insisted on bringing Milagro and her family from Chicago to Garito’s company in New York. Dr. Rubio had a special message for all of the staff at Ellman. He wanted each of them to know how important all of their jobs were, that without each and every one of them, this young girl might not have ever walked. One year later, a similar story broke the news. The first ever co-joined twins were separated without any neurological damage which the surgeon, Dr. James Goodrich, attributed to technology developed by Garito. All the eyes of the world watched this story. It was reported worldwide, from the BBC to the New York Times. When the CEO of Montifiore Hospital invited Garito to a black tie fund raising event, Dr. Goodrich talked to the entire attendees of the gala about the gravity of the surgery on the twins and the total success of the procedure. Then, unexpectedly, Garito was asked to stand up. In front of the entire group, and along with the president of Medtronics, Dr. Goodrich thanked the two of them for their critical roles in making this surgery such a huge success. Garito was shocked. “I was totally surprised to be included in this way. This was a critical turning point in my career.”

SELLING THE COMPANY

After 38 years Garito had travelled all over the world and the business became substantially bigger. He and his partner had expanded to over 125 employees, with over 100 medical patents under their belt, and operating in 70 countries. He hit a wall. “I realized I needed to start doing things for myself. Half my life had been dedicated to the business and it was time for a change,” explained Garito. “The internal management of the business and its structure was becoming overwhelming and I was spending so much time dealing with the internal stress of running such a large organization that I was no longer creating.” He knew this was the right time to sell, the right time to step back and let others take Ellman to the next level. As fate would have it, an offer came to the table and it was a good offer so he sold the company. Garito also sold his ownership in Ellman Innovations (now Elliquence). It was a good move. Many of the key players whom he mentored and worked alongside stayed with the two companies, as did his daughter who was one of Ellman’s best sales people.

Dr. Jon Garito demonstrating RF Technology at a St. Louis University Cadaver Workshop

Continued

BIG Medicine Magazine™

WHAT’S NEXT for Dr. Jon Garito?

blepharoplasty If you go radiofrequency on line and do dozens a google of sites search are speaking for blepharoplasty about it. The radiofrequency same appliesdozens of sites are speaking about it. The same applies entation radiofrequency to non ablativeand skin on tightening, and on. breast Many augmentation of the doctors radiofrequency behind these sites andare on and on. Many of the doctors behind these sites are , a testimony working thatwith his inventions technology now that have Garito a life developed, of their own. a testimony Garito’s love thatofhiscompetition inventions now have a life of their own. Garito’s love of competition rofessional and life,adventure but also his is not personal only dedicated life. Among to his his many professional pursuits;life, surfing, but also basketball, his personal life. Among his many pursuits; surfing, basketball, y Davidson tennis, roadcycling, trips, racing snow high skiing, performance water skiing,cars Harley and Davidson boats, and roadflying trips,Ultra racing Light high performance cars and boats, and flying Ultra Light ther doctors planes, on new Garito advanced can still be technologies found working and with products. other doctors As founder on new and advanced CEO of Life technologies and products. As founder and CEO of Life doctors develop Sciencetheir Technologies, own inventions a company into patented, that helps marketable doctors develop products,their he also own assists inventions into patented, marketable products, he also assists anagement corporate initiativesmedical and expanding executives their with IP (intellectual strategic management property) portfolios. initiatives Heand maintains expanding their IP (intellectual property) portfolios. He maintains and is surrounded residences byand his family, officesincluding in New York his and wife Florida of 37 years, and isthree surrounded daughters, by his three family, sonsincluding his wife of 37 years, three daughters, three sons ll moving in atlaw 90 and milesseven an hour grandchildren. and my relationships “My mindwith is still doctors moving have at 90 expanded,” miles an hour Garito and my relationships with doctors have expanded,” Garito of energysaid andgleefully. I am as “Ipassionate have a tremendous and excited amount today about of energy developing and I am new as medical passionate and excited today about developing new medical technology as I was when I was 23!”

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Dr. Jon Garito cycling Southhampton, L.I., New York

About Dr. Jon Garito al patents. HeDr. grew Jonsales Garito in over developed 70 countries over 100 worldwide medical and patents. developed He grew medical sales in over 70 countries worldwide and developed medical ties including:technology in over twelve different specialties including: • Family practice • Dental

• Family practice

• Internal Medicine • Ob/Gyn

• Internal Medicine

• Otolaryngology • Dermatology

• Otolaryngology

• General Surgery • Ocular and Ophthalmic Surgery

• General Surgery

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• Spinal Surgery • Plastic and Reconstructive Surgery

• Spinal Surgery

• Oral Maxillofacial Surgery • Cosmetic Surgery

• Oral Maxillofacial Surgery

• Neurosurgery • Podiatry

• Neurosurgery

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Ready For Your CLOSE UP? Can Video Create A PERSONAL WEB CONNECTION? By now, we all know that every practice and business should have a web presence. But if you haven’t upgraded your site to include video or social media, you may be limiting your practice and excluding prospective valuable patients. The internet is now our main tool for researching everything. When we need a doctor, we want to find one with a useful, up-to-date website. But now, in the age of social media, a plain website isn’t enough. When your practice has video associated with its content, you are much more likely to show up on the first page of that all-important Google search, automatically placing you ahead of the rest. Imagine smartphone and tablet users pulling up your videos and sharing them. Imagine creating your own YouTube channel featuring your practice and having viewers Tweet about it to their families. This can be your practice and it doesn’t have to be difficult to achieve. In fact, it can be the most fun part of your marketing strategy. But what about producing a video? It is difficult to know what to do first if there isn’t a Cameron or Coppola in the family. As a result many practices are tempted to self-produce videos to minimize cost. Jim Sanders, of Reel Ideas, a Pasadena-based production company advises doctors and business owners to exercise caution when deciding to go ahead on their own. “You can always give video a go yourself and take a look at the finished piece to determine whether you want to use it. But remember, your video might be the only glance that prospective patients give your practice. It should reflect the very best quality possible. This is your reputation and your life’s work, after all,” stated Sanders. If you are not deterred, Sanders offers a few quick tips: • Start by creating an outline. Identify your target audience and list your specific objectives. • Take an inventory of information you may want to include, such as photographs, awards, newspaper and magazine articles and mentions. And, of course, testimonies from colleagues and patients are invaluable. • Making good quality video is usually accomplished by experienced people. It is not only a complex technological process, it is also an art. Professionals know how to simplify the process and get great results with fewer headaches. There are now over 1 billion users on Facebook. By the end of this year there will be 22 million Twitter users. YouTube has hundreds of millions of users and uploads 48 hours of content every minute. If you think that social media is not for you or your practice, think again. Videos are a crucial extension of your medical practice on the internet. This is where your patients are. Ignoring it means ignoring your practice and your business, as well as its healthy future.

BIG Medicine Magazine™

Trail Blazer

Dr. Jeffrey Klein “Prior to 1986, all liposuction surgeries were done under general anesthesia and were associated with significant surgical blood loss, as well as prolonged post-operative recovery of two or more weeks,” states Dr. Jeffrey Klein, a dermatologic surgeon who practices in San Juan Capistrano, CA and is the inventor of Tumescent Liposuction. “When my patients started asking me about liposuction, I felt there was too much risk involved with the standards at that time and began to research how I could develop a faster and safer technique, with more predictable results.” With that in mind, Dr. Klein went on to develop what is now commonly referred to as the Tumescent Liposuction Technique and so began what is now considered the gold standard of liposuction performed totally by local anesthesia, and with virtually no blood loss. Within a few years tumescent liposuction became the worldwide standard of care. If you do a google search for “Jeffrey Klein Liposuction” you will encounter over 10,000 listings. More than 800 surgeons from around the world have traveled to San Juan Capistrano to attend Dr. Klein’s tumescent training course known as Liposuction 101. www.loposuction.com. Many people ask: “How did he think of that?” Dr. Klein tells us that like many industry leaders and trail blazers he saw a problem and sought a solution. “There was a real need and desire on the part of the patient to look physically better and liposuction was their answer. As a medical doctor, my priority was to provide a safe and effective environment for the patient. The solution I came up with has now become a world-wide phenomenon and an application that has developed into other areas of medicine.” Dr. Klein has developed his single technique into a multitude of business opportunities, blazing the trail for both himself, and other doctors he has trained worldwide. Klein created HK Surgical, a company that distributes specially designed liposuction equipment and cannulas, as well as aspirators, positioning pillows, absorbent pads, post-care garments and OR accessories. Dr. Klein continues to blaze the trail and is active in research and teaching at the University of California, Irvine and Riverside campuses. Safety and comfort are Dr. Klein’s highest priorities and it is the mandate that all of his medical products are modeled on.

Trail Blazer Barry Knapp

For aesthetic physicians one of the most difficult obstacles to overcome is the downtime associated with a cosmetic procedure. Many female patients are afraid of being seen in public after undergoing an elective cosmetic treatment, or missing time from work. Barry Knapp, Founder and CEO of Oxygenetix Breathable Foundation, a breakthrough medical grade foundation make-up that covers, heals and helps minimalize surgical scars, found the solution to this problem by developing a make-up foundation that completely conceals any obvious signs of a chemical peel or surgical procedure, and allows the skin to breathe thereby enhancing healing time. “The skin needs air and water,” said Knapp. “Most skin care products, especially foundation make-up, create an occlusive barrier between the skin and the air causing the skin to go into an open active rebellion.” According to Knapp, Oxygentix contains a specific product he developed and patented called Ceravitae. This supercharged oxygenating complex formulation proliferates collagen cell connective tissue growth in aging or wounded skin. Knapp began his career as a young make-up artist in Hollywood where the sight of a pimple was enough to make any young starlet burst into tears. However, using topical makeup to hide that pimple could create havoc on sensitive skin. Knapp knew he had to either find or develop a make-up line that could conceal even the worst acne blemishes and skin problems, without looking false or causing further skin irritation. After much travel and research working alongside a chemist, Knapp developed new products and took several of these ingredients to create a chemically breathable matrix that was tested by world renowned skin product compounding expert, Dr. Peter Pugliese. Dr. Pugliese performed a breathability test proving that the formula worked at 85% air permeability. Today Oxygenetix Breathable Foundation can be found in over 1500 physicians’ offices in North America, as well as 16 countries worldwide. It is developed at the Oxygenetix, FDA cleared laboratory in Los Angeles, CA. 28

BIG Medicine Magazine™

Trail Blazer

Dr. Melanie Palm When Melanie Palm, M.D., M.B.A. moved to San Diego, CA helping people who suffered with a variety of skin conditions was her first passion, becoming a leader in laser dermatology came as an unexpected and gratifying calling. Nominated as “Woman of the Year” by San Diego Magazine, Dr. Palm is an international speaker on laser and light technology. She is also an Assistant Clinical Professor at the University of Southern California San Diego and founding Director of Art of Skin MD in Solana Beach. “Helping people obtain a better skin condition is always my first approach, whether I am treating acne or wrinkles,” said Dr. Palm. “I have found that one of my favorite devices is the LUTRONIC® SPECTRA™. I love the Spectra--it’s a very versatile machine that allows me to treat pigmentary issues, blood vessels, enlarged pores, skin texture, and unwanted tattoos of ALL colors with one device.” According to Dr. Palm the Spectra has been an excellent and innovative device in her practice especially for the treatment of melasma, a frustrating condition for many women. In Dr. Palm’s experience the Spectra gently removes the excess pigment related to melasma over a 12 week treatment period. Her patients have noted that their pigment issues have cleared, their complexion is glowing, pores are minimized, and they use less make-up to camouflage the pigmented area. Dr. Palm teaches on the use of a variety of laser and light technologies including the Lutronic eCO2™ system, the newest, high-end CO2 laser device for laser resurfacing cases. Laser resurfacing has become the gold standard for treatment of facial wrinkles and loss of skin tone related to sun exposure. Fractionated laser resurfacing can significantly improve the appearance of sun damage and wrinkling of the skin. It is also often the treatment of choice for acne scarring. Vertical lip lines around the mouth, crow’s feet, surgical or burn scars, and brown spots related to sun exposure can all be greatly improved with laser resurfacing. And in her spare time. Dr. Palm is an avid supporter of Angel Faces, a not-for-profit organization charged with providing support for adolescent girls that have sustained traumatic burn injuries. Her office recently raised over $4000. for the organization.

Trail Blazer

Dr. John Fisher When Dr. John Bradford Fisher was Chief of Plastic Surgery at the United States Navy National Medical Center, he was required to reconstruct facial injuries, correct facial disfigurement and serve the needs of those who interacted with the President at that time, Ronald Reagan. ‘President Ronald Reagan came from an acting background where “good looks” were important,” said Dr. Fisher. “I had the dual responsibility of correcting both the ravages of war and keeping high-ranking naval personnel looking “fit for duty.“ Fisher, then Lt. Commander Fisher, developed the first use of facial implants that he carved from blocks of silicone. The results provided dramatic enhancement of the facial foundation. Close to that time Implantech, a leading implant manufacturer, began working on facial implant design and succeeded in designing anatomical shapes for the mid-face and chin, gaining FDA clearance to market these with the 3D Accuscan product in 1992. Today Dr. Fisher, of Body By Fisher® uses this experience to give patients a “Presidential” preview of what can be achieved with facial implants. “Today’s patients want to look younger. To look as they did in their early to mid-twenties,” said Dr. Fisher. “Many of them have bone loss and need more definition in their face. Simply tightening skin is often not enough.” But how does a doctor demonstrate how a patient will look with more definition? How can one show a patient how they will look with facial implants? While various 3-D programs are available, Dr. Fisher says nothing is more real, or more convincing, than actually proving it. He regularly uses a saline injection test he developed to simulate a chin implant, cheek implants, mandibular implant and to demonstrate midface projection. “My patients love it,” said Dr. Fisher. “They want to look younger, correct diminished features or simply obtain a “brighter” look. This injection technique helps them test the result before surgery.” According to national statistics facial implant procedures are on the rise. The news media has reported that the Social Media and Skype trend has contributed to this growth because people are now seeing how they look on camera and they are not happy with what they see. Dr. Fisher says that many doctors agree that the key to the “fountain of youth” begins with replacement of lost facial volume. “Three dimensional surgery is here to stay and I help patients see it first.” BIG Medicine Magazine™

When drugs are your business, YOU REALLY NEED TO TAKE PRECAUTIONS! We live in a time where prescription drug use and addiction are at epidemic proportions. Physicians that practice pain management and addiction medicine have to protect themselves not only from manipulative patients but also from their own employees. BIG Medicine Magazine asked leading pain management expert and drug treatment specialist Gregory A. Smith, MD, QME, of Comprehensive Pain Relief Group in Los Angeles, to help us understand how to deal with this serious issue.

THE PAIN IN PRACTICING PAIN MANAGEMENT For some people working in a pain management office is like releasing a kid in a candy store. Prescription pads are more valuable than blank checks. I have had former employees forge my signature and sell my prescriptions for people to obtain OxyContin or for their own use. I have also caught a former employee using Heroin in the bathroom. The first person I ever hired 13 years ago was done with a face-to-face interview and a handshake, it was a time when you could still trust people. Oh how the world has changed in such a short time. Over the years I have become much more cautious regarding whom I hire. Trying to get a job at my practice now is like going to work for the FBI! Background checks and drug testing are now a routine part of the hiring process. Physicians in private practice have many challenges like over regulation from insurance companies in the face of shrinking reimbursements. However, the pain management physician has the added burdens of dealing with patients, and sometimes employees that are very polished actors and manipulators to get drugs for their own addiction or to sell on the street for large profit. So how do you protect yourself? The following are the essentials when dealing with patients that are on narcotics: • Sign up for CURES (Controlled Substance Utilization Review and Evaluation System) which is the California PDMP (Prescription Drug Monitoring Program). Every patient that has filled a controlled substance under your DEA number will be listed. Including the drug name, quantity dispensed and location where the prescription was filled. The first time I did this I was shocked to see how many patients were getting a narcotic from me and then another physician a few days later. Go to oag.ca.gov/cures-pdmp; to sign up. Run a CURES report on any patient that exhibits suspicious behavior. • Randomly urine drug screen ALL your patients. Even the ones that are not on any controlled drugs, the results will surprise you. Also screen for illicit drugs such as Meth, Cocaine and Heroin. • Have all patients sign a narcotic contract. The American Pain Society (ampainsoc.org) and other organizations have examples, but the bottom line is that a patient agrees to only get their narcotic prescription from one physician (or office if multiple pain physicians) and also fill the prescription at one specified pharmacy. • Do background checks and a pre-hire urine drug screen on all potential employees. Also have a provision in your employee handbook that the employer reserves the right to request a random drug screen on any employee for any suspicious or unusual behavior. They can refuse but the refusal itself may be an indication that the employee has something to hide. • Finally trust your gut; if something doesn’t seem right with a patient or an employee dig a little deeper and see if there is indeed something wrong.

BIG Medicine Magazine™

Beware of Thieves!

Is Your Staff Stealing From YOU? No wonder his Botox® profits were down last year! When asked by his accountant why his cost on Botox® and Facial Fillers was significantly higher than his sales on the same products the previous year, the doctor did not have an answer. He assumed there must be an inventory somewhere that was lost, or had been misplaced. So he asked his office staff if they had any idea how that could have happened but nobody was able to give him an answer either. Stumped, he carried on with business as usual because he was too busy to worry about the discrepancy. His accountant, however, decided to keep a more watchful eye on purchasing and inventory over the next six months to see if he could make sense of it. Well, make sense of it he did. He also found criminal activity was taking place. As it turned out, the doctor’s nurse had a “moonlight” injection clinic on Tuesday nights after the other staff had gone home. She was using the doctor’s supplies, but pocketing the money! Unfortunately this type of scenario is all too common.

How Do You Prevent This From Happening To YOU? BIG Medicine Magazine sought the advice of internationally acclaimed Newport Beach, CA plastic surgeon, Dr. Lavinia Chong who runs a tight ship when it comes to medications and prescription supplies.

Keeping “honest” staff “honest” is a tough but necessary mandate. In my aesthetic practice we stock Botox, a full array of fillers and narcotics. All injectables are doubly locked and the narcotics triply locked; I hold the only key for the drug safe. Our per diem nurse and I double count the narcotics, at every procedure and sign a drug log. In compliance with the requirements imposed by our credentialing body, we have protocols for “missing” drugs. All drugs, including injectables, are “logged in” by the back office manager, verifying the lot numbers, expiration dates and integrity of the product with the “packing slips”, which in turn are checked by my accountant and any variances of utilization trigger a system error alert. Charting the usage of individual drugs is essential to protect not only the patient but the practice. Limiting access to drugs, relying on double and triple checks and offering staff incentives (aesthetic treatments) has proved successful in my practice.

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The Lega Most doctors agree that they need attorneys to help them with a variety of practice issues. But what do you do when one of your patients asks you for a referral to an attorney? Big Medicine Magazine asked leading personal injury attorney, Rick Lundblade who practices in Oregon and California, for his advice.

Recommending An Attorney To A Patient? PROTECT YOURSELF A patient enters your office for an examination relating to an injury. They tell you that they were involved in an accident and describe the resulting injuries to you. At that moment, you are likely (and understandably) concerned more about the injuries rather than wondering whether they will be making any legal claims related to the accident. However, upon conclusion of the exam, your patient unexpectedly asks you for a recommendation to an attorney regarding the accident. At this point, some doctors may choose to decline the request for a variety of reasons. Others may willingly suggest the name of an attorney-likely based on their own past experiences. In any event, the following are factors that you should at least consider if you do make an attorney recommendation to a patient. • Does the attorney specialize in personal injury claims? For the most part, gone are the days of the attorney who claimed to be a “general practitioner.” There is simply too much law out there and too many different practice specialties to be competent in all. (Does this sound familiar to the medical dilemma?) An attorney who specializes in personal injury claims or litigation will be vastly familiar with the legal aspects of such claims and, equally important, will have a sound understanding of the medical terminologies important to injuries common to such claims. • Does the attorney have sufficient experience and/or competency handling injury claims? This is not a suggestion that an attorney who is relatively inexperienced cannot competently handle injury claims. Many young attorneys will have that “knack” for doing their work at a level sustained by only much more experienced attorneys. That said, as a general rule, you should have at least some understanding as to the experience and competency levels of attorneys you recommend to your patients. • What is the attorney’s reputation in the community? Within the medical community, injury attorneys may be loved about as much as a root canal! Doctors should have some understanding of the general reputation of the attorney for providing good legal work before they recommend that attorney to their patient. Reputation can and often includes whether the attorney genuinely cares for the client or is more interested in the percentage of the settlement that will be received when the case is closed. • Does the attorney appear to be prepared? When you are asked to meet with an attorney to discuss your patient’s case, does the attorney show up on time? Do they appear to have read the medical records in advance, or do they show up without any understanding of what the injury involves? Does the attorney ask questions that lead you to conclude that they have, in fact, read the file and understand the case from a medical-legal context? Your time is valuable - nobody benefits if the attorney is late or unprepared for meetings. • Is the attorney thorough when working with the client’s doctor? There will be times when you will be asked to testify on behalf of your patient, either in court or by deposition. In my experience, most doctors do not relish the idea of having to provide testimony. Clearly, this interferes with your time working with patients. For some, it is just plain uncomfortable to be asked to do something that is not routine or typical. There may be a fear of possibly being embarrassed in court. All of these reasons are understandable. However, a good attorney will spend time in advance of trial or deposition to go over the medical history of the patient, consider (or rule out) any pre-accident medical history that may impact your opinion, review certain questions and your anticipated answers to those questions, as well as to discuss what you can expect from the opposing attorney when he or she cross-examines you. There are almost certainly many other factors that may be considered important. The above-listed ones are those that I have found to be very important as part of my interaction with doctors over the past 15 years. Hopefully, these will assist you in your dealings with your patients. 32

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al Eagles Over the past few years the US economy has been at its worst. Each day the media reports on financial disaster and bankruptcy. The medical community is not immune. BIG Medicine Magazine spoke with leading bankruptcy attorney, Michael N. Nicastro, Esq., of Nicastro Piscopo, a Professional Law Corporation, Costa Mesa, CA about this state of affairs.

Financial Red Flags When examining patients and patient data, physicians routinely look for health related “red flags” to help patients avoid, or mitigate, prospective medical problems. This focus on early detection can save lives and reduce future medical costs. Practicing early detection is also critical in the realm of financial health. A financial problem that is anticipated or identified in the early stages can frequently be resolved through modest fiscal or operational adjustments. In contrast, once the problem has grown into a financial crisis, a “painful” procedure, such as bankruptcy, may be the only solution. Accordingly, just as it is appropriate for a healthy patient to have regular medical check-ups, wise management will subject the corporate body to regular financial examination. This past recession, which has been particularly devastating for professionals, confirms the merits of “early detection”. Many professionals who have historically had lucrative practices and believe they’ve done “all the right things” from a business perspective, are now finding that bankruptcy is the only cure available for their financial woes. Our physician clients are shocked to “discover” that their condition is sufficiently dire to justify this sometimes bitter medicine. It has been my experience that medical professionals are particularly vulnerable to financial problems during an economic downturn due to the nature of their profession and training, and due to the payment structures imposed upon them by outside forces. Medical professionals are trained to take care of their patients, not to take care of business, and yet financial survival in this field, with its plethora of insurance arrangements, is increasingly a task. Many medical professionals simply wait too long before reaching out to a trusted financial professional. This is a mistake. Take the time to examine your businesses’ financial health. Here are few financial “red flags” to look out for: • Failure to make maximum allowed contributions to your retirement plan. You are your most important creditor. Let me repeat this….YOU are your most important creditor. Each month you should pay yourself first and then begin to pay other creditors. If you are not able to put away money toward retirement, you are not moving in the right direction and have lost valuable time. • Inability to pay off your credit card balances each month. Carrying credit card debt is one of the worst financial situations in which to find yourself. Usually, credit card balances build slowly over a period of time so that you get “used to” carrying debt and making minimum payments. However, you are paying credit card companies anywhere from 15% to 29% on their debt when the current prime lending rate is around 3.25%. • Lending personal funds to your medical practice. Simply put, the flow of money should be FROM your business and not TO your business. • Borrowing money from your retirement plan. Qualified retirement plans are safe from creditors’ claims (except the IRS) and represent funds put away for your future, not trying to solve past financial issues. There is one exception for using retirement funds – life or death issues. If you have no other option to pay for that lifesaving surgery (which would prevent you from benefiting from your retirement plan otherwise), go ahead and use those funds. • Late payments on your home, car or credit cards. If you do not have funds on hand to meet your current obligations, this is an early sign that you may be insolvent. • Accessing funds in savings to pay for living expenses or installment purchases. Savings should be used for a “rainy day” and not for normal anticipated ongoing expenses. If you have one or more of these attributes, or are engaging in any of these courses of conduct, stop and get a financial check-up. Better yet, take the time to get a periodic financial check-up even when these red flags are not flying. BIG Medicine Magazine™

Getting Psyched! At some point in your medical career, you will (or may have already) find that you have an unstable patient in your practice. While this is not the end of the world, it is an area that needs special attention, and extra special handling. BIG Medicine Magazine asked Beverly Hills, CA licensed therapist Carla Lundblade, M.S., L.P.C., N.C.C., to share her insights with us.

Beware The Fish That Swim With The Boat!

As a therapist and one who is trained specifically to look for stable/unstable patients, there are three rules that I use in my initial appointments to ascertain the mental stability of a patient. These are my three litmus tests that every patient must pass successfully for me to make the determination that I have a stable patient working through tangible issues, or an unstable patient that is dealing with intangible issues, or is one that is manipulating you as a doctor.

Three pieces of advice: 1. “Never do more work than the patient.” A patient legitimately seeking assistance will appreciate that there is no “magic cure” to any medical problem and be agreeable to utilize an array of treatment options (physical therapy, home exercises, etc.) in conjunction with medications. A patient who is reluctant to try these combined therapies is probably not looking for improvement and is showing poor judgment in considering helping themselves. The physician should verify that the patient is willing to try a variety of approaches including lifestyle changes of contributing factors to their issues, some of which can be very straightforward to try. If the patient is not willing, that is a huge red flag that there may be other things at work and the patient is not being honest. In addition, patients who report allergic reactions to several narcotics with the exception of one are probably not being honest, which leads me to my next point. 2. “How do you know your patient is lying to you? - Their lips are moving.” Search for consistency in the exam. Faking the injury or medical problem or convincing you that a medical problem exists is a significantly complicated feat for most patients. This gets even more complicated for the patient if the physician utilizes distraction methods. The doctor should navigate smoothly between the different parts of the assessment without allowing the patient a long period of time to respond to each one. While the physician ought to check uninjured areas initially and steer clear of abrupt movement, both fundamental for patient rapport, the examination of the injured area should not be scripted and questions be spontaneously asked relative to your observations. This allows for questioning the patient in novel ways that may get you more truthful answers and illuminate inconsistencies. Conduct appropriate tests. A patient needs urine toxicology testing. This is one of the most successful tests for scrutinizing patient behavior, it is underused. 3. “The patients you are drawn to the most are more likely to be the unstable patients.” Recognize suspicious behavior. Patients often reveal the truth of their condition through their behavior. Unstable patients flatter you and make you feel indispensable to their presenting problems. They may also tend to be impatient or obsessive, making phone calls both throughout office hours and after hours. They find doctors’ home phone numbers and other personal ways to connect. They frequently are no-shows for follow-up appointments and then will call in for a pressing appointment. They may request medications. When they receive prescriptions, many unstable patients are very flattering. They may hug you and exclaim; “You are the best doctor I have ever had.” On the other hand, repeated requests for medications or other unrelated therapy choices will often abruptly stop, and the flattery will stop when the doctor clearly states the treatment plan. Most patients who are making up a story or manipulating you sense when you are indecisive and so they press on to get what they want from you which may not be in their best interests.

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Let’s Make It A CAUSE One of the more recent and popular forms of marketing is Cause Related Marketing. Many times, joining forces with a charity or cause that you feel passionate about can lead to a shared marketing campaign that benefits both parties. BIG Medicine Magazine asked Don Kilday, President of Crown Laboratories how his company uses this specialized niche of marketing to shed light on a big issue. The deadliest form of skin cancer is melanoma which, as we all know, is mostly preventable. One of our signature products, Blue Lizard Sun Screen, if worn daily and appropriately, can protect a person’s skin from devastating cancer causing sun rays. Over the years we have developed more and more ways to educate the public on the benefits of wearing sun screen and we have sponsored a variety of charitable causes that fit our company mission of providing sun protection to everybody, be it a sponsored walk for the American Cancer Society, or providing sun screen to local youth soccer teams. We see mutual value in Cause Related Marketing as it puts the best product (Blue Lizard) in the hands of doctors, cancer centers, and/or patients that truly have a REAL CAUSE IN PREVENTING SKIN CANCER. Several years ago, we were approached by a melanoma cancer survivor who was planning to walk 70 miles in five days to mark her fifth year anniversary of being diagnosed with stage IV melanoma cancer and to celebrate the gift of living a healthy, vibrant and cancer-free life! She was joined by her father. They started their walk in Napa, California and ended the walk in San Francisco. To help maintain a melanoma-free life, she wore SPF 30+ Blue Lizard Sunscreen for the duration of her walk. This symbolic saunter began on May 1st with the conclusion of her cancer-free journey on Monday, May 5th which was nationally recognized as “Melanoma Monday.” The final stage and 5th day of the walk featured her and her father crossing the Golden Gate Bridge and delivering a bottle of champagne (and a bottle of Blue Lizard Sunscreen) to her Oncologist. We supported the walk with many samples of Blue Lizard sunscreen for her to hand to other people as she walked, and our marketing team assisted her with obtaining media opportunities in the San Francisco area. This proved successful to our company and to the skin cancer survivor as she was volunteering for a variety of skin cancer charities that all benefitted from the media exposure our team garnered. This is just an example, there are many ways we combine efforts to initiate Cause Related Marketing campaigns in our company.

BIG Medicine Big CAUSE

This Issue’s Spotlight Alzheimer’s Research & Prevention Foundation www.alzheimersprevention.org

Each issue, BIG Medicine Magazine™ shines the spotlight on a non-profit organization that is making a difference. This issue we have selected The Alzheimer’s Research & Prevention Foundation, a 501(c)(3) charitable organization that since 1993 has been investigating a method of controlling the onset of Alzheimer’s disease. The Alzheimer’s Research & Prevention Foundation is investigating a specific meditation called Kirtan Kriya - a practice of the Kundalini yoga tradition. This practice holds tremendous potential to bolster the effects of medication and other strategies used to slow or prevent Alzheimer’s disease. The foundation believes it may even hold the potential to reverse memory loss.

• Every 70 seconds someone is diagnosed with Alzheimer’s disease • Alzheimer’s is the 7th leading cause of death in the US • One out of every eight people over 65 has the disease • One out of every two people over 85 is at risk for Alzheimer’s • Current estimate is 5.4 million Americans affected by Alzheimer’s • By 2050, it is estimated that 16 million Americans will be affected by Alzheimer’s

Why BIG Medicine Magazine selected The Alzheimer’s Research & Prevention Foundation! The Alzheimer’s Research and Prevention Foundation (ARPF) has been working toward the prevention of memory loss through education and clinical research conducted by ARPF in concert with leading medical centers at UCLA, UCSF and the University of Pennsylvania. Studies on this research have been published in prestigious medical journals such as the International Journal of Geriatric Psychiatry and The Journal of Alzheimer’s Disease. As a result of the extraordinary findings of these studies, Kirtan Kriya has been endorsed by the ARPF as a way to prevent Alzheimer’s disease. The technique known as Kirtan Kriya researched by the Alzheimer’s Research & Prevention Foundation is based on an established ancient yoga technique. Clinical research has shown this technique reaches the same areas of the brain affected by Alzheimer’s. With a focus on an integrative approach to prevention, the foundation is dedicated to helping individuals maximize brain health and function, regardless of age or stage of life. At Big Medicine Magazine, we like The Alzheimer’s Research & Prevention Foundation proactive approach to treatment. We also like that this method is easily accessible to everybody and that the Kirtan Kriya technique, although not a cure, potentially controls and slows the onset of Alzheimer’s, and helps improve memory. Clinical studies have also shown that it has therapeutic benefits for people with depression.

BIG Medicine Magazine™

Doctor Protect Yourself Protecting a personal brand or other innovation with a registered trademark, copyright or patent has become as necessary to medical practitioners as penicillin to a patient. But like other business practices, legal protection of a practice name, personal brand, product or procedure is not something taught at medical school. BIG Medicine Magazine asked international Trademark Attorney, Sylvia Mulholland, how a physician with great practice ideas can make sure somebody else doesn’t steal or otherwise exploit those ideas, and confuse prospective patients.

The court dockets are filled with cases where physician-related inventions and names have been ripped off for financial gain by others. However, we can look first to the pharmaceutical and medical device companies (a number of which I am pleased to count among my clients) for the importance of brand name and design (logo) protection. Take a look around your office at the array of Trademark and Copyright registration symbols on pill packages, and labels and brochures for equipment and medical supplies. But now, just for fun, let’s bring the point out of the practice and into the world of fashion news to take a look at what happened to Christian Louboutin’s recent trademark infringement suit against Yves St. Laurent. Female physicians reading this will know about the importance of these shoes. As for male readers who don’t, go and ask your significant other. These shoes have become iconic and the two fashion powerhouses went to war over them. As you will see, it was a narrow victory for Louboutin, and perhaps a pyrrhic one as well, since the famous designer came perilously close to losing his equally famous red sole registered trademark. In 2011, Christian Louboutin monochromatic red shoe, including the uppers and thing, but YSL’s use of red on he had obtained a U.S. soles. That unexpected consumers, propelling But the district court denied extent of holding that a color in the fashion industry, and marks, including Louboutin’s. Fortunately for Louboutin, the decision but “modified” Louboutin’s contrasts with the remainder of trademark rights. The appeals Louboutin had established trademark with the upper part of the shoe. While Louboutin avoided the decision represents a bittersweet victory, continue to make and sell the very shoes dispute. It remains to be seen whether appeal the court’s monochrome carvetrademark protection, or cut his losses designers in general, and companies like Tiffany & Co. (with its famous robin’s egg blue boxes) are breathing a huge sigh of relief that color trademarks still exist. At least, for the moment.

Of course, fashion footwear and medical innovations are very different things. Or are they? 36

BIG Medicine Magazine™

launched a trademark infringement suit when YSL debuted a featuring the color red on all components of the shoe, sole (note: not the shoes pictured here). Red uppers are one the sole of the shoe was too much for Louboutin! In 2008, trademark registration for the color red as used on shoe splash of red was the feature that resonated with Louboutin’s footwear designs to international fame. Louboutin’s request for injunctive relief, going to the can never constitute an enforceable trademark calling into question the validity of such color Oops! appeals court reversed the district court’s trademark to “uses in which the red outsole the shoe,” in effect limiting Louboutin’s court based this ruling on a finding that rights ONLY where the red sole contrasts invalidation of his trademark, the considering that YSL is free to that gave rise to the Louboutin will out of his now. But

Contributors

Brian Bacot, M.D. www.cogvi.com

Carla Lundblade, M.S., L.P.C., N.C.C. www.carlalundblade.com

Juris Bunkis, M.D. www.ocps.com

Rick Lundblade www.blackchapman.com

Lavinia Chong, M.D. www.chongmd.com

Lutronic www.lutronic.com

Marcel Daniels, M.D. www.imagemd.com

Toby Mayer, M.D. www.bevhills.com

John Bradford Fisher, M.D., www.bodybyfisher.com

Brent Moelleken, M.D. www.drbrent.com

Richard Fleming, M.D. www.bevhills.com

Sylvia Mulholland www.mulholland-law.com

Andrew Frankel, M.D. www.rhinoplastyrevisions.com

Joe Niamtu, III, D.M.D. www.lovethatface.com

Jon Garito, Ph.D. www.lifescitec.com

Michael Nicastro, Esq. www. np-attorneys.com

H. K. Surgical www.hksurgical.com

F.R. Noodleman, M.D. www.agedefy.com

Implantech www.implantech.com

Angela Oâ&#x20AC;&#x2122;Mara www.theprofessionalimage.com

J. David Holcomb, M.D. www.srqfps.com

Oxygenetix www.oxygenetix.com

Kedy Jao. D.O. www.doctorjao.com

Melanie Palm, M.D. www.artofskin.com

Vishal Kapoor, M.D. www.drkapoormd.com

Steven Pearlman, M.D. www.mdface.com

Don Kilday www.crownlaboratories.com

Kevin Sadati, M.D. www.galleryofcosmeticsurgery.com

Jeffrey Klein, M.D. www.kleinmd.com

Jim Sanders www.reelideas.com

Barry Knapp www.oxygenetix.com

Gregory Smith, M.D., Q.M.E. www.painreliefgroup.com

Russell Kridel, M.D. www.todaysface.com

Michael Will, DDS, M.D. www.willsurgicalarts.com

Harrison Lee, M.D. www.drharrisonlee.com

If you want to become a contributor to BIG Medicine Magazine, or if there is a medical topic you would like to see covered in this magazine, send your ideas to: storyideas@bigmedicinemagazine.com. BIG Medicine Magazine â&#x201E;˘

Scrubs Are

Nurses were the first to wear uniforms, before doctors wore scrubs. In the earlier part of the twentieth century the identifiable mark of a busy and successful surgeon was the amount of blood on his clothes. Yes. The surgeon wore his own clothes during a medical operation, sometimes covered by a butcher’s apron to prevent blood staining them. Back then, doctors performed surgery with bare hands and non-sterile instruments and supplies, obtaining needles and suture material from the local market. It’s hard to imagine in these days where the norm is a five star surgical center that functions with ‘positive flow’ ventilation and air conditioning, as well as back up from its own electrical generators, that doctors used to perform surgery in such a ‘barbaric’ way. Thank goodness for scrubs. That’s where the real story of modern medicine begins. Doctors wearing scrubs brought more to patients than McDreamy and McSteamy from the hit ABC TV Show Grey’s Anatomy will ever be able to. It was The Spanish Flu pandemic of 1918 and the growing medical interest in Lister’s Antiseptic that brought some doctors to begin wearing cotton gauze masks in surgery. This was not to protect the patient from intra-operative infection, but rather to protect the surgeon from contracting the patient’s diseases. Around the same time, OR staff began wearing heavy rubber gloves to protect their hands from the solutions used to clean the room and equipment, a practice surgeons adopted, albeit rather grudgingly. Over time, gauze masks and gloves became widely accepted and then gowns worn by OR personnel when “scrubbing in” for surgery, became standard procedure. By the 1940s, advances in surgical antisepsis and the research and science behind wound infection led to the adoption of antiseptic drapes and gowns for the OR. Originally, OR attire was white to signify cleanliness. However, the combination of bright OR lights and an all-white environment led to eye strain for the surgeon and staff. By the 1950s and 1960s, most hospitals had abandoned white OR apparel in favor of various shades of green and blue, which provides less eye fatigue. By the 1970s, scrubs had largely evolved into their current state: a short-sleeve V-necked shirt and draw string pants. And we now see a happy variety of colors and styles (some pediatricians feature cartoon characters on their scrubs to the delight of many a child), as well as scrub caps that have evolved from a means to protect patients from hair contaminants to signature styles for many a groovy doctor.

“In the earlier part of the twentieth century the identifiable mark of a busy and successful surgeon was the amount of blood on his clothes.”

Is your logo working for YOU? Scrubs and Lab Coats are a great place to advertise your logo and practice name, furthering your brand. Did you know a good logo can easily be embroidered onto the pocket and become a simple, subtle and effective marketing tool?

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