Blog

by Joseph McCaughley

It will come as no surprise that online reviews are crucial to patients when choosing a medical practitioner, with a doctor’s reputation and the feedback on review platforms often being the deciding factor.

A 2020 Trustpilot survey revealed:

1. 89% of global consumers check online reviews during their decision-making process (more recent data suggests this figure is closer to 95–99%).
2. 49% of consumers rank positive reviews among their top three purchasing influences.
3. 62% of consumers would abandon platforms suspected of censoring reviews.

With the increasing importance of online reviews for clinicians and patients alike, disputes arising from negative feedback are common. This is particularly sensitive in medicine, where reviews may involve subjective areas ripe for disputes, such as health outcomes and bedside manner.

What to Do When You Receive a Negative Review?

1. Assess the Review
   Evaluate the content carefully and objectively. Consider whether the feedback reflects the patient’s actual experience or a broader misunderstanding. Review the patient’s notes (ensuring the patient’s data protection and privacy rights are protected), and document staff recollections promptly in case of further action.
2. Determine the Review’s Status
   • Constructive Feedback: If the review is a fair and honest reflection of a patient’s experience, even if it’s critical, it is unlikely to be defamatory. Responding publicly with an empathetic acknowledgment can help demonstrate professionalism and a willingness to improve. If you choose to respond, be careful not to breach patient confidentiality.
   • Potential Defamation: Reviews containing demonstrably false, malicious, or exaggerated statements may be defamatory. For example, accusing a doctor of misconduct or negligence without basis could meet this threshold.

Attempting to remove honest but critical reviews can backfire, potentially amplifying the situation (the “Streisand Effect”). This was highlighted recently in the case of a cosmetic clinic that attempted (unsuccessfully) to sue several patients for defamation arising from negative reviews. The claims were unsuccessful, but were reported prominently in The Daily Mail and The Times as attempts to stifle their patients’ right to freedom of expression. Those articles received more attention and will have unquestionably caused more reputational damage than the reviews themselves. However, genuinely untrue or defamatory claims warrant a strategic response.

What Can Be Done to Counter False and Defamatory Reviews?

What can and should be done depends on the nature of the review and the factual circumstances.

1. Engage with the Reviewer
   In some cases, reaching out to the reviewer directly may resolve the issue. For example, misunderstandings about billing or treatment outcomes may be clarified through open communication. However, this approach depends heavily on the reviewer’s willingness to engage and the sensitivity of the matter.
2. Engage with the Platform
   Most review platforms, such as Google Reviews and RealSelf, have policies against false or defamatory content. Submitting a formal request for removal under their terms of use is often the most effective route.
3. Seek Legal Advice
   If the review constitutes defamation, harassment, or forms part of a targeted campaign, obtaining professional legal advice is critical. We can:
   • Contact the platform and/or reviewer on your behalf.
   • Explore legal remedies such as defamation claims or harassment injunctions.
   • Pursue an injunction to halt coordinated smear campaigns and seek damages where appropriate.

4. Encourage Positive Reviews
   A few negative reviews, if outweighed by positive feedback, will rarely tarnish a doctor’s reputation or cause problems. Encourage satisfied customers to leave positive reviews. A proactive approach not only improves your rating but also demonstrates transparency. If anything, a lack of any negative reviews could be viewed suspiciously – it is unlikely that any individual or company provides a 100% positive experience each time!

Joseph McCaughley is a Consultant Solicitor at BMA Law with experience advising doctors on a range of medical disputes and reputation management, including removal of false and defamatory content.

If you have questions about this article or would like advice on how to deal with a negative review or other online content, please contact Joseph at j.mccaughley@bmalaw.co.uk.

This article is for guidance only and isn’t intended to constitute formal legal advice.