The Internet is very fickle when it comes to rating healthcare providers. It can be a source of praise for excellent patient care, but it also can be used to slam a doctor’s reputation. Unfortunately, it is very hard for the doctor on the receiving end to counter bad reviews without violating HIPAA. Even more unfortunately, it only takes one patient to destroy a doctor’s practice.
A recent article from American Medical News highlighted two situations where a patient made a significant negative impact on the practice of a doctor. Both doctors were forced to file defamation suits.
Dr. Albert Carlotti III, MD, DDS, spent 3 years fighting the online attacks of a former patient. During the course of this battle, the cosmetic surgeon lost hundreds of patients, dropped 35 pounds, and was forced to sell his home.
“I was dealing with somebody who had the intent of destroying us professionally, personally and on every level. I went from a very successful surgeon to pretty much out of business,” said Dr. Carlotti
The patient had created her own website posting claims that Dr. Carlotti was being investigated by the state medical board and was not board certified. The Arizona Board of Medical Examiners showed no record of any disciplinary action against Dr. Carlotti and his practice. In the end, the suit went to a three-week trial in which the jury found in favor of Dr. Carlotti, awarding him $12 million.
Neurologist David McKee, MD, was in a similar situation and an appeals court ruled that he may sue a former patient’s son for defamation. The lower court had originally ruled that online comments made by the patient’s son were not defamation. However, the Minnesota Court of Appeals decided that the comments carried weight in terms of their defamatory nature.
Dr. McKee’s reputation suffered as a result of the online comments.
“I think people feel they are unrestrained on the Internet and they think they can get away with anything. I think this decision shows there are limits to what you can say,” said Marshall Tanick, the doctor’s attorney.
The moral of the story? Online review sites and comments can be a double-edged sword. While some comments may be accurate and reliable, others can emanate from a frustrated individual venting and lying.