Protecting Your Practice’s Professional Reputation as an Asset

As with most of your assets there is a lot more offense at play against your professional reputation than there is defense. A simple Google search under a phrase like “doctor complaints” produced seventeen million, (yes, million) results, while a more focused search of “doctor complaints Arizona”, where I work from, narrowed it down to only two million results.

Note: While orginally written for doctors, this applies to ANY business! – Ike

Given the power of the internet and the unmistakable reach and shelf life of a digital complaint to hurt you, it’s more important than ever to both have and defend a professional reputation. Complaints are often unsubstantiated, lacking in factual basis or planted by disgruntled employees or even competing doctors. I have personally supervised legal action against such doctors who have attacked my successful MD clients online under a cloak of presumed anonymity and who faced serious lawsuits for defamation, since they knowingly published and circulated false information about another doctor with a specific intent to do harm.

First Line of Defense – Be Nice and Demand the Same from Your Staff

In most cases, people complain because they get their feelings hurt about the treatment and service they receive from doctors and their staff. That leads to them telling a large number of people and in the worst cases finding a public forum in which to air their grievances. The number one issue I’ve seen on many of these sites is SERVICE followed by BILLING. Doctors and offices that are described as “rude, insulting, patronizing, and dishonest” seem to have the highest number of complaints.

As they fill out the form on that website a simple complaint like, “The Doctor always makes me wait half an hour” will often grow in scope and scale and include comments on the office staff, billing and half a dozen other things they weren’t even upset about until something made them mad enough to sit down someplace and write it up. Once it’s written, it’s simple to copy and paste it on Yelp! and ten other sites, and many of these sites actually link to and look up complaints on others so it can go “viral” pretty quickly. Getting a series of sites to take that information down is difficult and time consuming and they are not afraid of your threatening phone calls or your lawyer’s letter in most cases.

Second Line of Defense – Have an Online Reputation that You Control

I know you are inundated with calls mails and letters from self-professed online marketing experts, but they are right, you do need to at least have a presence so that your information, accolades and websites are easily found and can compete with any negative noise or chatter about you and your practice.

A basic start is a website and profiles posted on physician-finder websites that include accurate information on your practice, experience, professional accomplishments and other information that you can control. Make sure that those who have an ax to grind against you or your staff are not the only voices being heard. Most people are reasonable and understand that you can’t please all the people all the time, but you’d be amazed how many times I look up a particular physician on the internet for some business purpose and all I can find is complaints and generic doctor finder website profiles that list only an address, name and phone number. It’s bad business from both reputational standpoint and a marketing standpoint to be that hard to find and consumers feel that businesses without web presences are outdated and inefficient.

Specific Tips

-        NEVER address specific complaints of malpractice in a public forum, it can and will be used against you;

-        Don’t ignore comments and complaints and don’t get into online arguments;

-         Answer in professional and respectful way even if the complaint was not posed that way. Set the tone for the discourse and stick to it, be the bigger person;

-         Address the issue in general terms that don’t compromise the doctor patient relationship (think HIPAA lawsuit);

-        Don’t be afraid to say our are sorry and that your will fix it if that is the case;

-        If the complaint is bogus or malicious be firm in your denial and explanations. Don’t give in just to appease an internet bully with a big mouth.

-        Follow through with promised actions and resolutions; they will make it known if you don’t.

This article originally appeared at www.PhysiciansPractice.Com where Ike Devji is a regular contributor, and is reprinted here with permission.

SOCIAL MEDIA FOR EMPLOYERS AND BUSINESS OWNERS

Massive increase in the use of social media for both business and personal use has created many new issues for employers. As our clients include thousands of business owners affected by these new tools and the liability they create, we turned to Employment Law expert, Attorney Rachel Weiss for a quick outline of current issues.

MySpace and Facebook and Twitter, Oh My!

Time to Start that Workplace Policy

Employers, it’s time to wake up. According to a 2009 survey conducted by Deloitte LLP*, 55% of employees visit social networking sites during work hours. More than a third of the employees surveyed don’t consider what their boss, co-workers, or clients would think about their online postings. Here’s the big red flag – almost 75% say it’s easy to damage a company’s reputation using social media.

While there’s no way to completely eliminate the legal and business-related risks posed by employee online networking activities, developing and enforcing a social media policy is crucial to avoiding legal pitfalls.


The exact wording will depend somewhat on the nature of the business and workforce, but at a minimum, a good social media policy should include these provisions:

1. Don’t expect privacy. Employees do not have a reasonable expectation of privacy if they use social media for personal purposes on a company computer or network.

2. Use good judgment. Employees may not post comments that are disrespectful, offensive or damaging to another employee or the employer’s business interests. The use of social media must not violate any other company policy (such as a computer usage or anti-harassment policy).

3. Only on your own time. Employees are prohibited from participating in social media during work time.

4. Post as yourself. Employees may not post anything that could in any way be attributed to the employer. Employees must notify readers that the views, opinions, ideas, and information are their own and are not sanctioned by the employer, and company trademarks or logos should never be used.

5. Keep secrets. Employees are prohibited from disclosing proprietary information, data, trade secrets or other confidential non-public information.

6. Don’t mess up. Violation of this policy may result in disciplinary action up to and including termination.

Distribute the policy in writing to every employee. Add it to any existing employee handbook.

Finally, enforce the policy. Better to have no policy at all than to have one and ignore it.

Rachel Weiss is an employment law attorney with the Phoenix firm of Gammage & Burnham, PLC. For additional information regarding this or any other employment-related legal issue, Rachel can be reached at (602) 256-4448 or rweiss@gblaw.com.


* Social Networking and Reputational Risk in the Workplace, Ethics & Workplace Survey, Deloitte LLP 2009