Ever think of suing a patient who gave you a poor review on an online doctor rating site?
You’d best be following this case (via The Happy Hospitalist), where a chiropractor has done just that against a patient. Can the damage be undone, or is he making a bad situation worse?
topics: rating, suing
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We were alerted to the issue of online defamation a couple of years ago. Prevailing in a defamation case is tough, expensive, and public. But, if one knows the name of the “defamer”, it can be done. More often, Internet posts are anonymous. And hosting web sites are immune under Section 230 of the Communication Decency Act. Finally, doctors are foreclosed from defending their side on the web (HIPAA).
We put together a program whereby patients agree not to post about their treatment on the web. In exchange, they are granted additional privacy protections above and beyond that granted by law. Most patients value privacy far more than preserving unlimited rights to broadcast to the world 24/7. And patients retain multiple venues for communication and/or redress.
The solution addresses the matter, upfront. This is far better than trying to “clean up a mess” by having to prove defamation, after the fact, in court.
Also, we monitor the Internet to verify sites comply with the agreements.
Finally, if one thinks that patients are the only people posting on doctor rating sites, guess again. People posing as patients have learned the poower of negative posts. Who would pose as a patient? How about a disgruntled employee, a competitor, or an ex-spouse.
Jeffrey Segal, MD
Medical Justice Services, Inc.
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