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Consumer Rating Physicians On The Internet: An Exploding Problem And A Solution

Jeffrey Segal, MD, JD, FACS & Joy Tu

2010-03-03

Presenter: Jeffrey Segal, MD, JD, FACS

Affidavit:

Director Name:

Author Category: Physician in Practice
Presentation Category: Basic Science Research
Abstract Category: General Reconstruction

Historically, if a patient was dissatisfied with care, he or she could tell his or her friends and family. The criticism was limited to a small circle of people. If the patient was injured negligently, he or she could hire an attorney to prosecute a lawsuit. The threshold for finding an attorney and prevailing posed a significant barrier for the patient achieving redress. With the Internet, if a patient is unhappy he or she needs do little more than access a growing number of Internet physician rating sites. In 2009, there are more than 40 sites. Such criticism can be rendered anonymously. Those with an axe to grind can pose as patients, such as disgruntled office staff, competitors, or even ex-spouses. The posts are disseminated worldwide, and once posted, the criticism rarely comes down. While transparency is a laudable goal, such sites generally lack any accountability.

Given how important reputation is to physicians, the traditional remedy of suing for defamation because of libelous posts is ordinarily ineffective. First, many patients who post libelous comments do so anonymously. Next, the Internet Service Providers (ISPs) hosting such sites are generally immune from liability for defamation. Finally, the law has a very formal definition for libel, and a negative rating does not necessarily equate to "defamation."

The presentation will include case studies detailing physician "cyberlibel" cases. Attendees will learn the keys to anti-web defamation success, best practices to date, and pitfalls to avoid.

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