Health Providers Spill Patient Secrets On Yelp

[HardOCP News]

If you write a negative review about a doctor or dentist on Yelp, you better watch out, they could respond by spilling your secrets on the internet. Who cares if they aren't supposed to? Breaking the law, libelous statements and lawsuits are all fair game in a Yelp review.

Health professionals are adapting to a harsh reality in which consumers rate them on sites like Yelp, Vitals and RateMDs much as they do restaurants, hotels and spas. The vast majority of reviews are positive. But in trying to respond to negative ones, some providers appear to be violating the Health Insurance Portability and Accountability Act, the federal patient privacy law known as HIPAA. The law forbids them from disclosing any patient health information without permission.

 

[Mivoc]

Well thats how you get fined heavily, sued, and/or shut down.

 

[Streiw]

Easy lawsuits in 3-2-1.

 

[sfsuphysics]

+infinity...

why are these practices not being fined off their ass?

 

[steakman1971]

Yeah. how can't this lead to lawsuits and/or discipline? I know some professionals have you sign a contract stating you won't review them. I have not seen a contract like this, so can't get into details. I believe since you broke a contract, they went after you for breach of contract. (I'm not an attorney so no clue how this works).

 

[captaindiptoad]

i'm with the doctors and such on this. the law should be tailored to allow those to defend themselves. if someone wants to go on a public forum and inform the public that they went to see this care provider they are all for letting the public know that they went there and what they had done. you cannot expect privacy when you stand up in the middle of the room and basically claim malpractice. the law should go both ways.

 

[nysmo]

Feel bad for the doc's, does sound like a lot of stupid patients. "I offered to x-ray you for free, you said no" and then complains about a fracture or something.

 

[nysmo]

i'm with the doctors and such on this. the law should be tailored to allow those to defend themselves. if someone wants to go on a public forum and inform the public that they went to see this care provider they are all for letting the public know that they went there and what they had done. you cannot expect privacy when you stand up in the middle of the room and basically claim malpractice. the law should go both ways.

well if they're going to do that they just have to be equally vague. They cant say "you refused treatment for your herpes". These doctors were being just a tad too specific whereby outsiders could figure out what the nature of the visit was about. Just because a woman goes to a gyno doesnt mean you know why.

 

[SvenBent]

From the examples it does sounds like the docs are beeing unfaitly reviewed but idiots, so i kinda get them. It doesn't seem to be a "revenge thing" like many try to make it
Still absolutely wrong, but it does make a particulate situation where patients can slander doctors and they have no to provide a rebuttal or counter weight

 

[Twisted Kidney]

Some times the internet is so stupid it just blows my mind, you know?

These read like conversations, like so much on the internet people just can't get it through their heads that this shit is being published.

 

[Spidey329]

Yeah. how can't this lead to lawsuits and/or discipline? I know some professionals have you sign a contract stating you won't review them. I have not seen a contract like this, so can't get into details. I believe since you broke a contract, they went after you for breach of contract. (I'm not an attorney so no clue how this works).

Just because it's in a contract, doesn't make it legal. You can't sign away your right to free speech. As long as you're not breaking any laws (disclosing secrets or committing libel), the review would likely fall under the first amendment.

 

[Rev Lemmon]

When the patient or their legal representative opens the door with a negative review the doctors should be to respond with facts not some vague ass bullshit politician crap.

 

[windianrecords]

Just because it's in a contract, doesn't make it legal. You can't sign away your right to free speech. As long as you're not breaking any laws (disclosing secrets or committing libel), the review would likely fall under the first amendment.

This is true, lots of these cases have happened in the past few years where courts find the original contract (or EULA) void, TechDirt covered a few including the Dentist in PA? NY? The problem is if the patients/defendants weren't getting pro bono legal help the cost of litigation is threatening enough to some to take their complaints down (or not put any up in the first place).

Also, from working in the medical field for more than a decade at this point, these offices and their staff should honestly consider ignoring Yelp altogether - we've worked with many offices with low ratings counts and 1 bad review making it seem like a very lowly rated office but seen no issues with new patient income and/or patients leaving. I take Yelp somewhat serious for restaurants (legit objective reviews are more common that BS), but I wouldnt go their for the medical field - Healthgrades is somewhat legit and doesnt pester small offices about advertising all the damn time.

 

[toast0]

Just because it's in a contract, doesn't make it legal. You can't sign away your right to free speech. As long as you're not breaking any laws (disclosing secrets or committing libel), the review would likely fall under the first amendment.

You absolutely can make a binding non-disparagement agreement; but you probably can't sneak it into a general terms for your office; usually you need to give someone something of value in return for their promise to not disparage you.

 

[JNavy89GT]

edit-----I was wrong!

 

[nightfly]

Feel bad for the doc's, does sound like a lot of stupid patients. "I offered to x-ray you for free, you said no" and then complains about a fracture or something.

^this. And, of course, this is one of the reasons why healthcare costs a trillion dollars. I'm an RN and work in an E.R.; the docs routinely order every test under the sun to avoid malpractice lawsuits. Example: 40 years ago, you come with a twisted ankle. We wrap it up, give you something for pain, a pair of crutches, tell you to go home, rest, put ice on it, and keep it elevated. Stay off it for a couple of days and see if it's better. If not, THEN come back and get an x ray. Why? Because that's essentially the same thing that you should do whether it's broken or not. But now, they xray everything. EVERYTHING. Catscans too. Used to be, stomachache? No fever? Donnatal and mylanta first line of treatment, rest a couple of hours, if you feel better, go home, rest, take a couple days off, stay on clear liquids (tea, ginger ale, etc., today gatorade) a day or two, and see how you feel. Today you get a $2000 cat scan.

I've never met a single doctor who would broadcast a patient's information. Doesn't mean there aren't any, though. What does happen, is that doctors will discuss patient's illnesses with other doctors, but they don't mention people's names. Kind of like mechanics discuss odd problems with cars they've worked on, they don't say who owns them.

 

[JNavy89GT]

I'm an FNP myself. Seems like the tail is wagging the dog anymore. Patient complaints, no matter how insane are treated like the Chinese just hacked the NSA or something. It's insane how I have to defend myself against BS complaints b/c the patient gets pissed I won't give them antibiotics for a one day history of cold symptoms or narcotic pain meds for something that doesn't warrant them(pill shopping patients). Yet I'm considered guilty until proven innocent. I think as nightfly said, nobody I know would reply to those yelp reviews as the article states. However, I can certainly sympathize with the bullshit we endure with crazy/unrealistic patient demands.

^this. And, of course, this is one of the reasons why healthcare costs a trillion dollars. I'm an RN and work in an E.R.; the docs routinely order every test under the sun to avoid malpractice lawsuits. Example: 40 years ago, you come with a twisted ankle. We wrap it up, give you something for pain, a pair of crutches, tell you to go home, rest, put ice on it, and keep it elevated. Stay off it for a couple of days and see if it's better. If not, THEN come back and get an x ray. Why? Because that's essentially the same thing that you should do whether it's broken or not. But now, they xray everything. EVERYTHING. Catscans too. Used to be, stomachache? No fever? Donnatal and mylanta first line of treatment, rest a couple of hours, if you feel better, go home, rest, take a couple days off, stay on clear liquids (tea, ginger ale, etc., today gatorade) a day or two, and see how you feel. Today you get a $2000 cat scan.

I've never met a single doctor who would broadcast a patient's information. Doesn't mean there aren't any, though. What does happen, is that doctors will discuss patient's illnesses with other doctors, but they don't mention people's names. Kind of like mechanics discuss odd problems with cars they've worked on, they don't say who owns them.