Press Release
For Immediate Release
Contact: Marc Barnes at (336) 574-0304, ext. 17
or marc@thekingsenglish.com
GREENSBORO, NC – Medical Justice Services, Inc., which has provided a proactive way for physicians to defend themselves against frivolous medical malpractice lawsuits in a court of law for more than five years, has come up with something new:
A way for doctors to defend themselves against defamation in the court of public opinion.
At the moment, given recent court decisions, Medical Justice's methods may actually be the only way that doctors can protect against libel and slander, according to Jeffrey Segal, M.D., founder and president of Medical Justice Services.
"In most circumstances in America, saying or publishing something that's untrue and defamatory about someone else can be resolved by the filing of a libel or slander lawsuit in civil court," said Segal. "But when a defamatory message about a doctor is spread to thousands or millions of people with the click of the mouse, physicians are generally left with no recourse."
Until now. Medical Justice Services Inc. has come up with proprietary contract language that in which patients agree beforehand to respect their physician's privacy on the Internet the same way that the physician respects theirs in their office practices.
Segal said that he came up with the idea for the contract for two reasons.
"We at Medical Justice have had a lot of success with contracts in which patients agree not to sue their physicians for frivolous reasons," said Segal. "Those contracts also specify that should a genuine dispute over their care later arise, patients will use only expert witnesses from the same specialty as their physicians. Those experts must be both board-certified and must agree to abide by the same code of ethics as their specialty medical society."
The second reason is that technology has led to an increase in healthcare specific blogs and doctor review Web sites, such as RateMDs.com, Dr.Score.com and others. At the same time, recent case law has held that Web sites are only a vehicle for user-generated content and are thus not responsible themselves for the content. That means that physicians cannot sue a Web site that publishes false and defamatory content about them, the way that a physician could sue a newspaper or broadcast station.
But if a contract is in place beforehand, the physician can use it to force a Web site to take the offending material down.
"In few other occupations is an individual's reputation more important," said Segal. "A physician's most valuable asset resulting from the years of training and experience is his or her reputation. It's something you can literally spend decades building and it can be ruined in a few seconds with the click of a mouse."
Is it legal? Absolutely. Segal points out that the law leaves anyone free to enter into a contract with anyone else, as long as the contracted activity is legal and not against public policy.
"Asking for a promise that patients won't participate in such behavior – and requiring them to acknowledge that they can be stopped by a court order if they do – is the best solution right now to such a vexing problem," said Segal.
And the end result may well be better patient care.
"Keep in mind that the best and most effective health care is a partnership, in which both patients and physicians have a stake in trusting each other," said Segal. "It might seem that a contract defining the rules of engagement does little to support trust. The reality is exactly the opposite and the reason is that a key part of that trust is effective communication."
Segal points out that a contract serves the interests of physicians, who want to give good patient care; and patients, who want to receive it.
"The best way to get there is for the two sides to talk to and understand one another, early and often, said Segal. "Contracts can support that process by defining how and why the terms are needed and why the terms are eminently fair to both sides."
About Medical Justice Services Inc.: Run by physicians for physicians, Medical Justice is a membership-based organization that offers proactive services designed to deter proponents of frivolous medical malpractice lawsuits, as well as a proven strategy for successful countersuit prosecution.
For more information, please visit our website at www.medicaljustice.com or telephone (336) 691-1286.
