Anonymous Physician Reviews Are Backed
The anonymous posting of physician review has become a point of contention with some doctors. But courts have upheld the procedure, citing free speech guarantees as part of the U.S. Constitution. Many review sites gives physicians an opportunity to respond to comments.
Is there legal liability for the websites that post physician reviews and ratings?
It would appear that risk is minimal as the sites are simply allowing patients to express their opinion about a certain doctor. Federal law permits entities to allow other people's posts without having any liability for defamation or libel. So for the websites there is federal immunity for information coming from a third party,
according to the Electronic Frontier Foundation, a civil liberties group that defends rights of free speech in the digital world.
However, that does have limitations. It is hard to imagine that if a libelous comment was posted about a doctor and the doctor and his or her legal representation had proof that it was not true and presented that information to the website – and the comment was never taken down – that the website would not face some liability.
As for the posting of anonymous comments, the Supreme Court of the United States has ruled that anonymity of speech is protected under the First Amendment of the U.S. Constitution. Courts have also continually recognized that the right to speak anonymously extends to postings on the Internet.
Facing a tough time in a court of law, some medical professionals may seek to get their name removed from a physician review site. But they likely won't have much success there either. Ratings sites do not take down postings because a doctor asks or demands that it be done. Ratings sites say doctors should view their sites as an opportunity to hear patients' views about them.
Doctors looking to boost their own ratings by posing as a patient – a practice called “astroturfing” - can face legal action because the procedure is illegal. In 2009, a New York plastic surgery franchise that flooded the Internet with false positive physician review was required to pay $300,000 to the state in fines.
Lifestyle Lift was also required to stop posting false reviews of its physicians.
“This company's attempt to generate business by duping consumers was cynical, manipulative and illegal,” New York Attorney General Andrew Cuomo said in a press release.
Some sites do give doctors recourse for unflattering reviews. Some allow doctors to respond to any and all ratings. Some also allow doctors to flag items of contention to have an independent review team investigate whether the information in the post is justified and should remain online. Many sites also allow for patients to comment on other patients' reviews, meaning that if someone knows that Dr. X does not, for example, leave the office at noon every day, he or she can respond to the comment or flag it for possible removal.
Doctors can also encourage patients with positive experiences to express their views on rating websites.
Doctors' views on the rating sites vary, with some believing the sites are a great tool for patient response and that negative comments and ratings are wake-up calls for improvements. Others have blasted the sites, calling them inappropriate and seek their elimination from the Internet.
