A recent L.A. Times article (“Doctor ratings: Is your healthcare hot or not?” Shari Roan 05/19/08) called attention to the issue of patients reviewing their physicians online via websites, such as www.rateMDs.com. This accelerating trend poses an emerging and serious challenge to physicians. As the article notes, this practice of online rating of physicians “shifts the balance of power.” It enables patients to do significant harm to physician’s reputations, without regard to the merits of the patient’s criticism. There is no system of verification of information.
Ironically, at the same time that physicians are severely restricted by federal (HIPAA) and state privacy laws from disclosing patient information, patients freely post and exchange information online. Although many physicians have successfully pressured websites and patients to retract false and defamatory statements, California law has been protective of patient’s rights. For example, in a recent case, Gilbert v. Sykes (2007) 147 Cal.App.4th 13, the California Court of Appeal ruled that a UC Davis plastic surgeon could not stop a patient from making negative public comments about him on the Internet because he was a “limited purpose public figure.” The court relied upon the fact that the doctor had been prominent in advertising and marketing his practice.
Recommended Action: Doctors should proactively monitor ratings websites to ensure that false and defamatory statements about them are not posted online on ratings websites or patient blogs. Moreover, as the article notes, an important step that doctors can take is to require patients to sign contracts in advance of treatment agreeing not to participate in online ratings. Just as arbitration clauses have become widespread in physician contracts, it is recommended that physicians insist upon enforceable contractual limitations on Internet posting by their patients.
Harry Nelson is a partner in Fenton & Nelson, LLP. Harry conducts audits and training programs for health care providers to ensure effective risk management and compliance in medical practice. For additional information, please contact him at harry@fentonnelson.com
©Harry Nelson 2008
0 responses so far ↓
There are no comments yet...Kick things off by filling out the form below.