Docs seek gag orders to stop patients' reviews

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hope12

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By LINDSEY TANNER,
CHICAGO – The anonymous comment on the Web site RateMDs.com was unsparing: "Very unhelpful, arrogant," it said of a doctor. "Did not listen and cut me off, seemed much too happy to have power (and abuse it!) over suffering people." Such reviews are becoming more common as consumer ratings services like Zagat's and Angie's List expand beyond restaurants and plumbers to medical care, and some doctors are fighting back.
They're asking patients to agree to what amounts to a gag order that bars them from posting negative comments online.
"Consumers and patients are hungry for good information" about doctors, but Internet reviews provide just the opposite, contends Dr. Jeffrey Segal, a North Carolina neurosurgeon who has made a business of helping doctors monitor and prevent online criticism.
Some sites "are little more than tabloid journalism without much interest in constructively improving practices," and their sniping comments can unfairly ruin a doctor's reputation, Segal said.
Segal said such postings say nothing about what should really matter to patients — a doctor's medical skills — and privacy laws and medical ethics prevent leave doctors powerless to do anything it.
His company, Medical Justice, is based in Greensboro, N.C. For a fee, it provides doctors with a standardized waiver agreement. Patients who sign agree not to post online comments about the doctor, "his expertise and/or treatment."
"Published comments on Web pages, blogs and/or mass correspondence, however well intended, could severely damage physician's practice," according to suggested wording the company provides.
Segal's company advises doctors to have all patients sign the agreements. If a new patient refuses, the doctor might suggest finding another doctor. Segal said he knows of no cases where longtime patients have been turned away for not signing the waivers.
Doctors are notified when a negative rating appears on a Web site, and, if the author's name is known, physicians can use the signed waivers to get the sites to remove offending opinion.
RateMd's postings are anonymous, and the site's operators say they do not know their users' identities. The operators also won't remove negative comments.
Angie's List's operators know the identities of users and warn them when they register that the site will share names with doctors if asked.
Since Segal's company began offering its service two years ago, nearly 2,000 doctors have signed up. In several instances, he said, doctors have used signed waivers to get sites to remove negative comments.
John Swapceinski, co-founder of RateMDs.com, said that in recent months, six doctors have asked him to remove negative online comments based on patients' signed waivers. He has refused.
"They're basically forcing the patients to choose between health care and their First Amendment rights, and I really find that repulsive," Swapceinski said.
He said he's planning to post a "Wall of Shame" listing names of doctors who use patient waivers.
Segal, of Medical Justice, said the waivers are aimed more at giving doctors ammunition against Web sites than against patients. Still, the company's suggested wording warns that breaching the agreement could result in legal action against patients.
Attorney Jim Speta, a Northwestern University Internet law specialist, questioned whether such lawsuits would have much success.
"Courts might say the balance of power between doctors and patients is very uneven" and that patients should be able to give feedback on their doctors' performance, Speta said.
Angie Hicks, founder of Angie's List, said her company surveyed more than 1,000 of its consumer members last month, and most said they had never been presented with a waiver; 3 percent said they would sign one.
About 6,000 doctors reviewed on the Angie's List site also were asked to comment. Only 74 responded, and about a fifth of them said they would consider using them.
Lenore Janecek, who formed a Chicago-based patient-advocacy group after being wrongly diagnosed with cancer, said she opposes the waivers.
"Everyone has the right to speak up," she said.
While she's never posted comments about her doctors, she said the sites are one of the few resources patients have to evaluate physicians.
The American Medical Association has taken no position on patient waivers, but President Dr. Nancy Nielsen has said previously that online doctor ratings sites "have many shortcomings."
Online doctor reviews "should be taken with a grain of salt, and should certainly not be a patient's sole source of information when looking for a new physician," she said.
Dr. Lauren Streicher, a Chicago gynecologist, got a glowing recent review on Angie's List, but also remembers a particularly snarky rating from a patient angry about getting brisk treatment after arriving 30 minutes late to her appointment.
She said she sympathizes with doctors who ask patients to sign a waiver.
Streicher said she has seen shoddy doctors praised online who she would not trust "to deliver my mail much less my baby." Conversely, bad reviews can destroy good doctors' careers, she said.
"Are there bad doctors out there? Absolutely, but this is not a good way to figure it out," Streicher said.

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I dont believe in this "opinion web page" as anyone can write anything about a particular person just to hurt them, it can be intentionally, as a very bad joke or competition.
 
I think that ratings sites can be potentially useful. As the article stated and we all know to be true, pt's are always trying to find out as much about their physician as possible. I google myself occasionally to see if there is anything of the type out there and so far nothing disparaging has surfaced. There is however, a potential for great harm from these sites. When people just snipe without any justification it becomes useless and unfortunately these can be viewed by patients as proof that they should avoid the physician in question. To be really useful it would need to require specific posts or at least a standard rating system, and would have to allow the physician to respond. With the standard rating system it would be kind of like when you buy something from amazon, you automatically disgard the reviews that are all negative and have no substance. (Although my above belief that these could potentially be the ones pts actually beleive is still in play) To combat the hopefully few negative posts, you should have your nurses or admin give the site to all of your patients and ask them to please rate you online. That way you could potentially "beef up" your average (unless you actually are a tool, and that too would be useful for the patients.) Pts would then hopefully see one negative and 50 or 100, or whatever positive reviews. The fact that so few people actually rate their doctors is what makes these sites potentially so dangerous, and you'd be taking that away. Just my 2c.

On another note, could we use these websites to rate patients? That would be fun!
 
I don't see why these sites and/or their posters can't be brought up on slander and libel charges. I know that there is not a massive response on these sites, but at the same time, usually the ones who respond have negative comments. And why, because they are so ticked off at their doctor, they are motivated to plaster them on the web. And it's for stupid things like us not giving them time off from work for their "chronic" although minor ailment, not refilling their Vicodin, diagnosing them with lung cancer that WE could have prevented even though every cigarette carton in America has a warning on it, etc.

We already have the Press Gainey surveys and the like. Sometimes, these surveys can be the difference in whether or not a physician keeps their job. And they are usually filled out by the patient according to their catering to the patient's wants, rather than their medical needs. For example, sending home a patient with a script from the ED. You can diagnose a patient with a viral URI and send them home to take tylenol and motrin, along with standard symptomatic control and hear "You ain't gonna give me nothin', doc?" or you can send them home with an unnecessary script for a Z-pak and hear "Thank you". Who do you think the lay person patient is going to be content with, and who do you think is more likely to be bashed on the survey or internet? And the people who read this stuff take what is said as fact.
 
And they are usually filled out by the patient according to their catering to the patient's wants, rather than their medical needs. For example, sending home a patient with a script from the ED. You can diagnose a patient with a viral URI and send them home to take tylenol and motrin, along with standard symptomatic control and hear "You ain't gonna give me nothin', doc?" or you can send them home with an unnecessary script for a Z-pak and hear "Thank you".

I see this as yet another demonstration that there is really no such thing as "free-market medicine" (or at least there shouldn't be). A free market requires an educated consumer who is empowered and informed to make a choice between competing alternatives. But as your (probably accurate, sadly) examples demonstrate, most average people are quite poorly informed about healthcare and often make decisions based on factors that are expressly opposed to their own wellbeing and that of society in general.
 
Have you ever looked up the web reviews on physicians in your area? Most of those I've looked at had between 1-5 reviews. Hardly a massive outpouring from the patient community. Add the fact that many of these sites require payment to access them, and you have nothing more than one more failing internet business.

Once upon a time "WebVan" was the hottest thing on the net. Order your groceries online and they'll deliver them. Greatest idea ever. They went broke within a couple years.

So will these sites.

Google “fresh direct” in NYC. I believe amazon is starting something similar.

I wouldn’t be so quick to write these sites off. I’m not saying I agree with their use but - for better or for worse - public accountability and the consumer movement in medicine is here to stay. At some point I imagine one of these sites taking off. Hopefully, most patients who peruse these sites will take some isolated, negative comments about their physicians on an anonymous, web-based forum with a grain of salt. And it’s not just the doctor affected. For those of us in academia or in hospital based practices, – these comments not only reflect the individual, but the institution as a whole. What is disturbing to me is that this is leading us down a pathway where the patient-doctor relationship is being made public. Some of these patients feel that doctors don't deserve the same right to privacy and confidentiality that we grant them.
 
I don't see why these sites and/or their posters can't be brought up on slander and libel charges. I know that there is not a massive response on these sites, but at the same time, usually the ones who respond have negative comments. And why, because they are so ticked off at their doctor, they are motivated to plaster them on the web. And it's for stupid things like us not giving them time off from work for their "chronic" although minor ailment, not refilling their Vicodin, diagnosing them with lung cancer that WE could have prevented even though every cigarette carton in America has a warning on it, etc.

We already have the Press Gainey surveys and the like. Sometimes, these surveys can be the difference in whether or not a physician keeps their job. And they are usually filled out by the patient according to their catering to the patient's wants, rather than their medical needs. For example, sending home a patient with a script from the ED. You can diagnose a patient with a viral URI and send them home to take tylenol and motrin, along with standard symptomatic control and hear "You ain't gonna give me nothin', doc?" or you can send them home with an unnecessary script for a Z-pak and hear "Thank you". Who do you think the lay person patient is going to be content with, and who do you think is more likely to be bashed on the survey or internet? And the people who read this stuff take what is said as fact.

Great points.

For us psychiatrists, pts who will self-diagnose ADD or an anxiety disorder and ask for Aderall and Xanax and get mad when we refuse to give it. Another psychiatrists down the block will do it and earn rave reviews.
 
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