Protecting Physicians… Relentlessly Protecting Physicians’ Most Precious Asset – Their Reputation…

One Goal of Medical Justice: Anti-Defamation Defamation on the web Sites against single doctors: www.mysurgerynightmare.com Third party sites addressing all doctors ratemds.com, vitals.com; drscore.com; doctorscorecard.com; healthgrades.com; vimo.com; revolutionhealth.com; mdjunction.com,……… Health insurance carrier “Zagat” sites Blue Cross Blue Shield of Minnesota www.medicaljustice.com

Defamation on the web

Sites against single doctors:

www.mysurgerynightmare.com

Third party sites addressing all doctors

ratemds.com, vitals.com; drscore.com; doctorscorecard.com; healthgrades.com; vimo.com; revolutionhealth.com; mdjunction.com,………

Health insurance carrier “Zagat” sites

Blue Cross Blue Shield of Minnesota

Doctor Rating Sites: Are They Helpful? www.medicaljustice.com This was one of the worst doctor's visits I've ever had. Dr. XXXX was unconcerned with how scared I was and seemed arrogant. Her staff treats you like you're a moron, particularly on the phone.

Doctor Rating Sites: Are They Helpful? Many sites allow anonymous posts Poster can represent they are patients even if they are not Disgruntled employees Ex-spouses Competitors Information is not statistical or actionable Patients reasonably want to know how skilled their physician is. These sites do not answer that question. www.medicaljustice.com

Many sites allow anonymous posts

Poster can represent they are patients even if they are not

Disgruntled employees

Ex-spouses

Competitors

Information is not statistical or actionable

Patients reasonably want to know how skilled their physician is. These sites do not answer that question.

Emerging Issues: Defamation on Internet Defamation False statement of or concerning another causing harm to reputation Defenses: Truth Opinion www.medicaljustice.com

Defamation

False statement of or concerning another causing harm to reputation

Defenses:

Truth

Opinion

Defamation: Traditional Print Media Tough to prove – but can be done www.medicaljustice.com 2 Targets: Author - journalist Distributor - paper Author usually identifiable Legal standard: Preponderance of evidence (>51%)

2 Targets:

Author - journalist

Distributor - paper

Defamation: Internet Traditional legal remedy virtually out of reach www.medicaljustice.com 1 Target: Author – if known Distributor - ISP Author usually anonymous Legal standard for MDs: Clear & convincing (>75%)

1 Target:

Author – if known

Distributor - ISP

Emerging Issues: Defamation on Internet Solution: Contract Physician beefs up privacy protections for patient Patient will not post about care on Internet without doctor’s permission Patient can still discuss care with family, doctors, attorney, licensing board, hospital, and on and on. Really? Anonymous postings can be removed Immunomedics v. Jean Doe, aka “moonshine_fr”, 775 A.2d 773 (N.J. Super. 2001) Raytheon v. John Does 1-2 , Commonwealth Massachusetts, Middlesex Sup. Ct., Civil Action 99-0816 www.medicaljustice.com

Solution: Contract

Physician beefs up privacy protections for patient

Patient will not post about care on Internet without doctor’s permission

Patient can still discuss care with family, doctors, attorney, licensing board, hospital, and on and on.

Really?

Anonymous postings can be removed

Immunomedics v. Jean Doe, aka “moonshine_fr”, 775 A.2d 773 (N.J. Super. 2001)

Raytheon v. John Does 1-2 , Commonwealth Massachusetts, Middlesex Sup. Ct., Civil Action 99-0816

Emerging Issues: Defamation on Internet Isn’t freedom of speech absolute? No. Fire in crowded theatre: Schenck v. United States , 249 U.S. 47 (1919); Fighting words: Chaplinsky v. New Hampshire , 315 U.S. 568 (1942); Obscenity: Miller v. California , 413 U.S. 15 (1973). Other: “Bong hits 4 Jesus banner” Morse v. Frederick , 127 S. Ct. 2618 (2007) www.medicaljustice.com

Isn’t freedom of speech absolute? No.

Fire in crowded theatre: Schenck v. United States , 249 U.S. 47 (1919);

Fighting words: Chaplinsky v. New Hampshire , 315 U.S. 568 (1942);

Obscenity: Miller v. California , 413 U.S. 15 (1973).

Other: “Bong hits 4 Jesus banner” Morse v. Frederick , 127 S. Ct. 2618 (2007)

Emerging Issues: Defamation on Internet Isn’t freedom of speech absolute? Medical malpractice lawsuit Medical record cannot serve as both sword and shield Privacy protections always in tension with freedom of speech Doctor cannot post medical record to disprove negative posts on blogs www.medicaljustice.com

Isn’t freedom of speech absolute?

Medical malpractice lawsuit

Medical record cannot serve as both sword and shield

Privacy protections always in tension with freedom of speech

Doctor cannot post medical record to disprove negative posts on blogs

Summary Physicians can deter having their reputations inappropriately sullied on the Internet Use agreements, upfront, with patients to better protect the patient’s privacy to provide physicians with a viable tool to remove defamatory posts or seek a remedy from those who violated the agreement. Patients and doctors benefit www.medicaljustice.com

Physicians can deter having their reputations inappropriately sullied on the Internet

Use agreements, upfront, with patients

to better protect the patient’s privacy

to provide physicians with a viable tool to remove defamatory posts or seek a remedy from those who violated the agreement.

Patients and doctors benefit