Go MD Web Blog Asks What Happens If You Get Trashed On The Internet

Image-Negative-Words-On-Doctor-Reviews

FEBRUARY 1, 2012

“What Happens If You Get Trashed On The Internet”

GO MD Web Blog

Say a patient posts unflattering comments about his or her doctor on the Internet. You can file a lawsuit claiming defamation or interference with a business contract. Your lawyer can get creative. But the tactic is likely to backfire.  Not just will the legal fees be costly, but you are likely to wind up with still more negative publicity.

Anthony Francis, MD, JD, writing in Medscape, describes the case of Dr. David McKee, a neurologist in Minnesota who sued the son of an 85-year old patient for defamation in response to online postings by a disgruntled patient.

Result 1: The judge dismissed the lawsuit, ruling that the comments posted online were not defamatory.

Result 2: Dr. McKee’s lawsuit triggered over 60 negative posts on medical rating web sites, apparently mostly from strangers angered by the lawsuit.

Lesson Learned: Responding to negative postings with legal action will cost you money and is likely to have the unintended consequence of amplifying the damage to your reputation.

So how can you protect your good name?

How do you think that this post effects the experience of potential patients who Google “Dr. McKee neurologist”

Here is another example of how legal action can actually multiply your negative publicity.

Georgette Gilbert wasn’t pleased, to say the least, with the results of procedures she had done with Dr. Jonathan Sykes, a plastic and reconstructive surgeon at the University of California, Davis, Medical Center. So, in the best tradition of “get even not mad”, she posted a web site describing her experience and mentioning Dr. Sykes by name. A lot of work was put into the site (even featuring before-and-after photos).  Dr. Sykes filed a lawsuit.

Result 1: the suit was dismissed because, according to the judge, his prominence conferred on Dr. Sykes the status of a “limited-purpose public figure.”

Result 2: Dr. Sykes paid his own legal fees and Gilbert’s legal fees.

Result 3: The website stayed up and Dr. Sykes got more negative publicity. A lot more negative publicity. (The first 10 Google search results on Feb 1, 2012 returned 9 out of 10 pages related to Gilbert.)

Lesson learned: responding to derogatory comments with legal action can have the unintended consequence of multiplying your digital reputation problem.

If you don’t [fire] back with lawyers, what should you do? Consider “do nothing”. Ignore the derogatory comments and focus on practicing good medicine.  Place as many positive statements as possible on any Website containing negative comments.  (For sites that have comment or talk back, this is very straightforward.  In other cases, you may need to stimulate new reviews, positive reviews, of your practice).  Get other sites — such as your own — in the top ten search results for Google and Bing.  When a prospective patient searches for your name, you can crowd out negative results from the top ten, effectively consigning them to oblivion.

Our preferred suggestion: crowd out negative reviews by pushing them below the top 10 results patients search for you on Google and Bing.

Source

Defendant Dennis Laurion’s Web Posting

Defendant Dennis Laurion’s Patient Complaint

Plaintiff David McKee’s Reply To Patient Complaint

Plaintiff David McKee’s Cease And Desist Letter To Defendant Dennis Laurion

Defendant Dennis Laurion’s Complaint To Minnesota Board Of Medical Practice

Plaintiff David McKee’s Complaint To Sixth Judicial District Duluth Court

Plaintiff David McKee’s Response To Minnesota Board Of Medical Practice

Defendant Dennis Laurion’s Answer To Plaintiff David McKee’s Complaint

Defendant Dennis Laurion’s Motion For Summary Judgment

Defendant Dennis Laurion’s Deposition Extracts

Plaintiff David McKee’s Deposition Testimony About Circumstances Before Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Circumstances After Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony In Response To Questions By Marshall Tanick

Affidavits By Defendant Dennis Laurion’s Parents

Defendant Dennis Laurion’s Supplemental Motion For Summary Judgment

Plaintiff David McKee’s Motion To Oppose Summary Judgment

Defendant Dennis Laurion’s Reply Memo In Support Of Motion For Summary Judgment

Sixth Judicial District Court’s Order On Motion For Summary Judgment

Plaintiff David McKee’s Appeal Of Order On Motion For Summary Judgment

Plaintiff David McKee’s Brief To Minnesota Court Of Appeals

Defendant Dennis Laurion’s Brief To Minnesota Court Of Appeals

Plaintiff David McKee’s Reply Brief To Minnesota Court Of Appeals

Minnesota Court Of Appeals Order To Strike Portion Of Plaintiff David McKee’s Reply Brief

Minnesota Court Of Appeals Announces Decision

Defendant Dennis Laurion’s Petition For Review By Minnesota Supreme Court

Plaintiff David McKee’s Opposition To Review By Minnesota Supreme Court

Defendant Dennis Laurion’s Brief To Minnesota Supreme Court

Plaintiff David McKee’s Brief To Minnesota Supreme Court

Defendant Dennis Laurion’s Reply Brief To Minnesota Supreme Court

Minnesota Supreme Court Decision On David McKee MD V. Dennis K. Laurion

David McKee MD v. Dennis Laurion 2010

David McKee MD v. Dennis Laurion 2011

David McKee MD v. Dennis Laurion 2012

David McKee MD v. Dennis Laurion 2013

McKee V Laurion Is A Textbook Case

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