When we think of trade secrets, most people picture technical formulas, manufacturing processes, or business strategies. It’s less common to think about personal behavior—like how a doctor talks to patients—as something that might fall under that category. But as more medical practices focus on branding and patient experience, there is growing discussion about whether a doctor’s “bedside manner” could be protected as a trade secret as a trade secrets lawyer knows well.
The short answer is that a person’s demeanor or tone is not, by itself, protectable under trade secret law. However, when combined with specific communication techniques, training materials, scripts, or proprietary patient interaction methods developed by a practice or health system, there may be a case for trade secret protection. It’s a nuanced area, and one that continues to evolve with the healthcare industry.
What Trade Secrets Usually Protect
Trade secrets typically include confidential information that provides a business with a competitive advantage. This can be anything from a recipe to a marketing method, as long as the information is not generally known and is subject to reasonable efforts to remain confidential. Courts have consistently held that customer lists, software code, and manufacturing techniques may all qualify. Of course, these are more tangible things, so what about bedside manners?
In the medical field, trade secrets can cover things like billing processes, internal management tools, or even specialized treatment protocols. But the human element — how a doctor interacts with patients — is harder to define and protect.
When Personal Interactions Become Part Of A System
Some large medical practices train their doctors and staff in specific communication techniques designed to build trust, improve patient satisfaction, and boost retention. This may include a scripted way of introducing themselves, using certain phrases, following a specific conversation structure, or handling sensitive topics in a standardized way.
If a medical group has invested significant time and resources into developing and teaching this approach, and if it is not publicly known or shared, it may argue that the approach qualifies as a trade secret. What matters is whether this method gives the practice a business edge and whether they take active steps to keep it confidential. As you can imagine, this is very tricky since it is a less tangible thing such as a customer list.
Legal Issues With Enforcing Behavioral Trade Secrets
Proving that a behavior or communication style is a trade secret can be difficult. Human behavior is hard to define with precision, and most interpersonal skills — like active listening or showing empathy — are commonly known and practiced.
To claim legal protection, a practice would need to show that its methods go beyond general conduct and rely on specific, structured systems that are not shared outside the organization. Even then, enforcing trade secret protection in this area would require clear policies, training documentation, and possibly non-disclosure agreements. The practice would need to demonstrate that this is not something that can be easily duplicated as well; asking a patient how they feel is common and cannot be considered a trade secret.
Attorneys like those at COFFYLAW can attest that this area of law often hinges on how information is handled within the organization. If a doctor takes what they’ve learned and applies it at another practice, there may be questions about whether that constitutes the use of a trade secret or simply personal growth in professional skills.
Where This Leaves Doctors And Patients
For a solo practitioner or a traditional family doctor, bedside manner is often viewed as a personal trait, not a business asset. These doctors tend to build trust through reputation and community connection rather than formal systems. In contrast, large clinics or branded medical groups may look for ways to standardize the patient experience across locations, including training doctors to interact with patients in a uniform way.
Whether or not a patient interaction method qualifies for trade secret protection depends on how structured and confidential the process is — not simply on the doctor’s demeanor.
If you are a healthcare business considering how to protect proprietary training or communication methods, speaking with a lawyer can help clarify what qualifies for legal protection and what may not.