Medical 'gag orders': Use responsibly

When it comes to online review sites, physicians have no control over what is posted about them and little ability to refute negative or false information provided by patients. In a move to regain some control over their reputations, a growing number of physicians are requiring patients to sign a "mutual agreement to maintain privacy," which prohibits them from posting anything about their experience with the doctor or practice online.

Fueling consumer groups' wrath against the waivers, however, are some practices' attempts to sneak the agreements into the stack of everyday paperwork, including HIPAA statements, that patients sign in the doctor's office. According to a poll from flagship ratings site Angie's List, 88 percent of respondents were not aware that some doctors are requiring patients to sign mutual agreements.

While Angie's List founder Angie Hicks urges patients to read every document they receive in the doctor's office before signing, fellow rating site, RateMDs.com, is posting the names of physicians who require waivers on its "Wall of Shame."

According to Medical Justice, an organization aimed to protect physicians from frivolous lawsuits, physicians should be anything but ashamed of using the waivers. "Doctors are at the risk of having their reputations destroyed," said Dr. Jeffrey Segal in an online video posted on the Medical Justice website. "It takes a lifetime to build a reputation; it takes a minute and a mouse click to lose it." About half of Medical Justice's members require their patients to sign the "mutual agreement" before treatment.

Online reviews of physicians aren't necessarily consistent or constructive. For example, Dallas' WFAA News 8 found two reviews of one reputable North Texas doctor. One was "highly recommended," while the other called the doctor "an incompetent piece of [expletive]."

But in some circumstances, negative feedback gives companies the opportunity to improve, often leading to online praise once changes are made, a piece in BNET points out. As we've previously reported, taking action based on online reviews can work to a physicians benefit as well.

If you do require patients to sign waivers before getting care, present them to patients in a transparent way, and make sure staff are equipped to answer any questions about your policies and enforcement of mutual agreements.

To learn more:
- read this article from ABC Action News
- see this piece from Becker's Hospital Review
- check out this story from Dallas' WFAA.com
- here's another take on online reviews from BNET