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During the past year, at every healthcare conference I have attended, the talk has turned towards Michael Moore’s new film, “Sicko,” and the tenor of that talk has largely been… well, near hysterical. Moore is not known for his even-handed, thoughtful reportage. He’s a muck-racker and a brilliant one at that — “Sicko” started from a sketch on TV Nation where Moore staged a mock funeral for a man denied a life-saving surgery from his HMO. (The HMO later capitulated, granting the procedure.)

Here’s the trailer, for those who haven’t seen it:

So why has this caused such concern? Hospitals are persistently concerned about their image and public relations — the American Hospital Association has surveyed public opinion about hospitals routinely over the last ten years. The results are always the same: 60% of the American public thinks of a hospital as a place one goes to get worse, not better.

Which is just not true.

But these perceptions persist and if Moore’s “Sicko” taps into that fear in the public, its the local hospital that will have to answer the charges. (Health plans and the government are too easy and too de-personalized of targets.)

Since healthcare marketing and PR tends towards the conservative rather than the innovative, it becomes hard to argue with a satirist. One runs the risk of driving further into the trap already set. (As, perhaps, the federal government did by probing Moore’s trip to Cuba)

Here’s an answer: strike first.

Jack-in-the-Box is known for their irreverent advertising, but when I heard that their rival CKE (Carl Jr., Hardees) was suing over their ads, well that was cause for a virtual high-five. (Go Secret Weapon Marketing, go.)

In addition to being A) very funny, B) very memorable, and C) very, very funny, these ads take the air out of the competition’s tires. Here’s an example:

They came up against a potential liability — angus beef — and fired back, deflating the competition and reducing them to… lawsuits? You might remember CKE spent scads of dough hiring Paris Hilton for their faux-erotic “$6 Spicy burger” ads. (I quote their marketing chief, “Our $6 thickburger is hot… Paris Hilton is hot.” The connection is so clear.)But after all, here’s what healthcare marketing could use that Jack and Moore have in spades: a sense of humor.