To Kaouk, a decade of negative reviews on social media led to what he considered an escalation when Antoon sent him several emails, including one with a link to an article about a Chinese crackdown on research fraud that could include the death penalty if people were injured or killed. Many medical review sites will remove posts they deem offensive or threatening to doctors, as many of Antoon's or other Kaouk patients' were. Yelp removes reviews only if they violate the consumer website's terms of service. The comments challenged legally are typically those that were left online. ![]() Physician-patient confidentiality rules complicate options for doctors, Goldman says, but they can respond to factually incorrect reviews if the patient agrees to waive confidentiality and publicly discuss the case. Goldman, who has tracked about two dozen cases of doctors suing patients over online reviews, says physicians rarely win the cases and sometimes must pay the patients’ legal fees. ![]() "It would be great if the regulators of hospitals and doctors were more diligent about responding to harm to patients, but they’re not, so people have turned to other people," says Lisa McGiffert, former head of Consumer Reports' Safe Patient Project. "This is what happens when your system of oversight is failing patients."Īs doctors and hospitals throw their considerable resources behind legal fights, some patients face huge legal bills for posting critiques and other consumers face their own challenges trying to get a straight story.Įxperts say doctors take on extra risk when they resort to suing a patient.ĭoctors typically can’t successfully sue third-party websites such as Yelp that allow consumer comments, but they can sue patients over reviews.Įven so, "you can win (a case) and still not win,” says Eric Goldman, a professor at Santa Clara University's law school. ![]() “Make sure what you are saying is true – it has to be truthful,” he says.
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