Defamation

Defamation, in law, the act of communicating to a 3rd party false statements a few person who lead
to damage to it person's reputation. Libel and slander are the legal subcategories of defamation.
Defamation usually involves publication, with none justification, of a derogatory
and/or statement regarding another individual or party. Defamation may either be slander or libel.
Libel may be a defamatory statement in writing or other visible forms; whereas, slander could be
a spoken defamatory statement.[1] A defamatory statement has the potential to injure the
reputation of another individual, which can lower the opinion of the affected person in society;
and this could end in him or her being disliked, hated, ridiculed, feared, or scorned. In most cases,
the defamed person will nearly always claim that it resulted during a loss of income.
What is Defamation and Cyber Defamation?

People can write or say anything on the net. Lawyers and potential litigants are tuned in to the
number of cash awarded by the court system in defamation cases. In several recent cases,
litigants are awarded countless dollars thanks to defamation, and it's expected that these awards will
continue. Since defamation immediately downgrades the individual's, the practice's or patient's
reputation, loss of income may result immediately.
Therefore, these cases are heard by the court system without much delay.[2][2][3][4][5][6][7]

Defamation and cyber defamation within the health care industry are illustrated within the following
cases.

• After a nurse resigned, her supervising manager wrote defamatory statements in a very letter of
reference. She mentioned that the nurse was unstable. The nurse couldn't get another job, but when
she revealed what the letter of reference had stated, she filed suit. She failed to have a history
of mental disease. She wanted a part-time job so
that she could take care of her mother, who was ill. Adherence to the rules set by professional ethics
would have avoided this suit and lots of other suits.

• A parent was questioned about suspected statutory offence and one amongst the nurses, thinking
that the parent wouldn't hear, remarked that the daddy seemed like an abuser. The parent visited a
lawyer, and therefore the nurse was charged with defamation of character and HIPPA violation. the
kid had not been sexually abused. Professionalism dictates that opinions should be evidenced by
clinical facts and clinical data. during this case, no evidence exists for the conclusion.

• During an indoor hospital review, a nurse made negative remarks about 2 of her colleagues
claiming that they were possibly stealing leftover medications. The colleagues filed a lawsuit
claiming defamation of character. The hospital settled out of court. There was no evidence that any
medication had ever been reported stolen.

• A doctor was wrongfully dismissed, and therefore the employer stated that the doctor had
committed malicious acts. The doctor filed a wrongful dismissal and defamation of character lawsuit.
The hospital had to rehire the doctor and accept an undisclosed amount. The person in human
resources who made the knowledge public was fired.

• A senior surgeon wrote up a surgery resident for being negligent during the care of the patient and
said that the resident was unfit to be a surgeon. The surgery resident filed suit that his character was
defamed which there was no evidence to substantiate what the surgeon had written. The
case visited trial, and therefore the resident won. The court was told that a complication had
occurred during surgery, but the surgeon was present in the least times and it had been he who
controlled the events within the OR. The hospital and therefore the surgeon had to pay an
enormous penalty and court fees. The resident completed his training; the surgeon’s privileges were
curtailed.

Although it's going to seem that it takes time and money to counter these defamation charges;
however, a healthcare professional's reputation is commonly the foremost valuable asset they need.

Case Studies on Cyber Defamation

Case 1. A sawbones learns that somebody has anonymously been posting negative reviews online.
The review suggests this sawbones could be a bad surgeon with deceptive practice, never follows up
with patients, do in surgery that lead to many complications for the patient. This defamation can have
a tragic consequence and may quickly ruin the professional’s name and character; furthermore, it
can result in a call in the surgeon's business. In time, the surgeon notes that patient numbers are
declining and income is dropping.

Consequently, the surgeon may need to change his or her practice. However, if these reviews are
untrue, then the surgeon can file suit for defamation. In court, the surgeon must prove that none of the
alleged complaints are true. they will do that by providing facts, which can nclude patient reviews,
show how they manage their clinical practice and present complication rates. they'll present
testimonials from many patients who are satisfied with their surgery. This seems simple, but it
requires an infinite amount of your time and money to fight defamation cases.

Issues of Concern

Why are defamation cases on the rise?

Many people are compelled to talk out about things that they see that are unfair or unjust.
Furthermore, with the supply of social media, rather than speaking their observations and feelings,
people write what they think and feel online where nothing is private. While social media can help
improve practice, generate a positive reputation, and increase referrals, at the identical time, social
media is additionally utilized by former patients, disgruntled or unhappy patients, competitors,
former employees, or others who can quickly destroy the reputation of a business.[3]

Two things that have increased the chance of defamation are the portable and therefore
the internet. nowadays when people aren't busy writing their thoughts on
cyberspace, they're verbally expressing themselves on their digital devices. Not all comments rise
to the extent of defamation; healthcare workers should understand that they need legal rights and not
all statements are a violation, and also the same applies to the patron.

While some patients may defame healthcare workers, sometimes, healthcare workers also defame
patients. Healthcare workers are especially sensitive to negative comments made by

their patients, because not only do these comments hurt psychologically, these comments may ruin a
business.

Unfortunately, healthcare workers could also be quick to leap to litigation after they see negative
comments. However, it's important to grasp that not every comment is defamatory and a few of the
comments are opinions. as an example, when a patient reports that his or her health care worker is
careless because he or she is usually rushing round the clinic, they're only expressing an opinion.
The courts attempt to differentiate between an opinion and a fact.

On the opposite hand, when a patient makes an announcement like, "I think that Doctor X feels
like a pedophile," it should sound like an opinion, but it will be considered defamation.

What is "defamation per se?"

In some cases, defamation is also considered "defamation in and of itself," which suggests that the
statement isn't true on face value. samples of defamation as such, as applied to health care workers,
are statements like falsely accusing someone of a criminal offense. Examples include someone
saying that a healthcare worker has been indicted for healthcare fraud, a healthcare worker saying that
a patient transmitted a sexually transmitted infection to their child, or a patient stating that the
healthcare worker has lost his/her medical or nursing license.[4]

Defamation in and of itself can damage the reputation of a healthcare worker by saying false things
like he or she lost his license when it's not true. The defamation may cause a loss of patients, and
consequently, income. All the healthcare provider must prove is that he never lost his license. In most
defamation cases, once the reality comes out, the litigant wins.

Where are defamatory comments usually posted?

Patients generally post complaints about doctors on Healthgrades, Yelp, and ratemds.com. Once a
comment is posted on these websites, physicians don't seem to be able to reply or identify the
individual posting the comments. On the opposite hand, when comments are posted on Twitter or
Facebook, the healthcare worker can quickly identify the individual who posted the comments. Some
physicians feel they have to reply to negative comments, but the reply must fall within the constraints
of HIPAA; otherwise, they will be punished for violating the privacy act.

People can post comments anywhere online, and in many cases, they will write under a fictitious
name. When this happens, it's often impossible to understand who the author is, and most
websites won't reveal the names of their users. visiting court is costly.

Clinical Significance

How Healthcare Workers Can Protect Their Practice and Reputation

Patients today view the practice of medication as a business, and thus, the healthcare professionals
should remember the adage "the customer is usually right."[5] to forestall
negative, false, or misleading information from being posted, published in newspapers, or circulated
orally, the health care staff must uphold professionalism in their conduct with everyone they
encounter. to handle a negative comment or feedback on cyberspace, common responses of health
care staff are: ignoring the comment, contacting the
critic, requesting the service provider to get rid of or take down the comment, rebutting the
statement within the same or different online forum, and filing a legal proceeding. the
subsequent principles are recommended as guides in responding to negative comments:

1. Regularly try sites like Ratemds, Yelp, Facebook, et al. to work out what's being posted about the
clinic, and also the staff and therefore the service provides. Determine who is posting the
fabric and their main complaint. On some websites like YouTube, Google, or Facebook, one
can founded alerts in order that you'll be able to get a notification of every posting or
comment. this can counter the matter before it becomes widespread.
2. irrespective of how negative the comment, don't reply immediately to the complaint.

There are many instances where business owners have replied to their customers and regretted it. the
simplest advice is to require a timeout; quiet down and so choose a response.
3. If the professional knows the one that is posting or circulating comments, communicating with the
person privately to resolve the difficulty is also one in every of the ways to resolve the problem.
Limit the interaction online because generally, the general public might not be sympathetic to
healthcare professionals.
4. If one chooses to reply, the tone mustn't be condescending, argumentive, or rude. Clarifying and
summarizing the facts would be the primary step. Offer to assist the patient with a follow-up visit to
clear-up any misunderstanding or miscommunication. don't post any medically-related information
about the patient. this can be a HIPAA violation that carries greater penalties than defamation.
5. If an individual believes they need been unjustly defamed, it's best to induce assistance from
legal counsel. There are many rules and regulations for responding to

defamation, but suing patients may create public animosity, and may irreversibly harm a practice. In
most cases where businesses resort to suing the customer for defamation, harmful publicity is
generated. a good deal of thought must be before resorting to litigation.
6. Legal Advice: There are many attorneys who specialise in coping with defamation cases. In most
states, the statute of limitations to sue for defamation is 12 months from the time of publication. A
lawyer's advice is efficacious when seriously contemplating action.
7. If the statement made by a personal is extremely negative or inflammatory, one should first
follow the foundations of the social network's platform on dispute resolution. as an example,
one might want to put in writing to Facebook, Yelp, or Twitter to complain about the posting. In
many cases, the social media site won't yield defamatory statements to be posted on its platform. If
this doesn't resolve the difficulty, then litigation could also be the subsequent step.
8. Educate employees: When someone posts negative comments a couple of medical worker or a
practice, the primary thought is to write down back. However, all employees should be cautioned
against writing back. belief may support the patient. Keep calm and provides it some thought.
Discuss the plan of action with employees. Usually, a healthcare establishment can never fight
customers and win online. All healthcare staff should know that the full practice will be held to
blame for any defamatory remarks made by any employee, including non-healthcare staff. So
educate your workers on the way to communicate with patients and other healthcare workers. Always
be mindful of HIPAA regulations.

9. Watch what you say: Healthcare workers might not bear in mind that even communication with a
patient about other patients or other doctors can result in a case of defamation. Be professional and
limit any conversation to what's medically important. don't degrade other healthcare
workers ahead of patients and don't say negative things about patients to others.
10. Many times, healthcare workers are asked to put in writing patient reports for referrals or
consults. it's important to stay statements supported facts and refrain from making the
other comments beyond the clinical issue of relevance. Problems are more likely to arise when a
comment extends beyond objective clinical opinions and becomes critically judgmental of another
healthcare worker. thanks to the extreme rivalry between healthcare workers for patients,
there may be ongoing personal or professional animosity. Thus, any negative comment fueled by the
animosity can quickly cause escalation to a defamation lawsuit. When writing reports, read over the
letter and omit anything that ridicules others.

Nursing, Allied Health, and Interprofessional Team Interventions

What does it go for prove defamation in court?

While many folks say or write things about others, in most cases, these comments are opinions and
not defamatory statements. Three key features that has to be proven in court to win a case of
defamation include the following:

• What does the communication itself convey to the public? Does it tarnish or damage the reputation
of the individual concerned? A verbal or written statement

can sometimes be deemed to be defamatory whether or not the author has no intention of defaming
another person.
• Does the communication lack any justification? If the communication is outright false, then it may
be considered defamatory.
• Where is that the communication published? In most cases of defamation, the communication must
be published during a public forum or conveyed as a message to a 3rd party. Today the
foremost common method of defamation is via social media.

Nursing, Allied Health, and Interprofessional Team Monitoring

Advice for healthcare workers for communicating on social media

Because many healthcare workers now fancy the media to write down about their encounters with
patients, here are some precautionary warnings:

1. Some health care systems don't tolerate any communication of patient encounters on social media.
Termination is that the risk that physicians face once they post on social media. If you choose to
post a couple of bad experience with a patient, co-worker or provider, you are doing so at your own
risk.
2. Never rush in replying to any negative comments on social media.

3. HIPAA rules and regulations should always be in mind.

4. When responding to patients, be as professional as possible.

5. If as a physician you've got had a negative experience with another patient, doctor, or business,
remember courtesy, respect, and empathy before expressing your opinion in any forum.

6. If you have got facts that support your argument, support them with links to external sources. once
you state something, mention that it's an opinion and not a fact.
7. rely on publicly disclosed and valid information which will contain factual material.
8. If you wish to post something negative and don't seem to be sure if you'll be held chargeable
for defamation, don't post it.
9. If one is accused of posting a defamatory statement, delete it. Not only will this tactic save much
money, but it'll also preserve one's reputation.
10. Finally, when writing anything, remain on the side of truth and facts, it's the most
effective defense to counter any defamation.