I'd have to do some research too, but here's a short answer.
At least in Florida (and probably most states), it is a violation of law for a licensed doctor to make misleading, deceptive or fraudulent representations in or related to the practice of his/her profession. If the licensing board/DOH/etc. finds a doctor guilty of a violation, a broad range of penalties is available, from a simple "BAD DOG" letter to restrictions on or revocation of the doctor's ability to practice. The penalty depends on how serious the board feels the violation was and if it was a first offense or not. Here's a link to Florida Statutes if you need some leisure reading for the weekend.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0456/Sec072.HTMThat's "the law," and I have a good friend that used to be part of the legal arm of the DOH and would go after doctors who had received complaints, so it is obeyed. Now here's my two cents:
I suspect that, like other areas of the law, there are less formal ways of dealing with violations. If a doctor publishes a study containing minor misinformation, it is entirely possible that peers would call him "Dr. Dumb*ss" for a while, but let it slide. Now if the study contained glaring errors that make other doctors question his competency, he might end up standing tall before the Man.
When I was diagnosed, my PCP told me that he didn't know much about ANs, but that he thought that I would have to have surgery and would lose my hearing. He referred me to a neurosurgeon and suggested that I consult the internet in the meantime (and thank God I did). That's misinformation, but I realize that he was out of his league and since he didn't hurt me in any way I'm not going to report him (or sue him). Now, if the neurosurgeon had strapped me to his operating table for his Special-of-the-Week without mentioning that I had three (or is it four?) microsurgical options, multiple radiosurgical options, and the option to watch and wait, you'd better believe the law would have been involved.
And of course there's the situation at hand, two doctors answering a hypothetical question on the internet. There might be something in their posts that a board would penalize, there might not be, but someone would need to have enough of an interest in what they wrote to initiate an investigation. Personally, I would say that the success rate of radiosurgery is documented and that their numbers are reasonable enough for me, but someone else, particularly someone that is actually in the market for a second radiosurgery, might think otherwise.
I'm going to shut up now. I hate medical law and I don't want this post to turn into a legal brief. I have no earthly idea why Jennifer liked working at the DOH so much...
