In a recent article, ED Management discussed whether legal action is possible after bad reviews of Emergency Department visits. The publication turns to privacy, cybersecurity & data strategy partner Ken Dort for insight on taking legal actions in these situations.
“People often want to sue the person who posted something negative. The question is: Even if it’s something they could do, is it something they should do?” said Dort.
Threatening legal action could complicate the situation, and it is usually hard to prove the statement is untrue, explained Dort. Dort also shared that, if the provider ignores the criticism, it will be forgotten quickly, compared to pursuing legal action, which can be long-lasting.
To prove the statement is false, the provider would have to file a lawsuit. “That will last months, if not years, as discovery drags on,” Dort warned. “It probably isn’t a best use of the doctor’s time and the hospital’s resources.”
Dort emphasized that, in most cases, the best course of action for the maligned provider is to resist the urge to respond. “Taking defensive action could be just digging the hole deeper,” Dort said.