Every practicing dentist has dealt with a dissatisfied patient at one time or another during his or her career. In some instances, the doctor acknowledges that the dental work was not performed properly, performs the necessary rework free of charge, and the patient ultimately walks away with the relationship in-tact. But, in other instances, the patient may not provide the doctor an opportunity to correct the dental work, or the doctor may justifiably feel that the dental work was properly performed. Instead of working with the doctor to resolve the issue, the patient hastily takes to social media to share the patient’s complaints about the doctor with the patient’s entire online social network, or writes a condemning online review on a site like Angie’s List. Unfortunately, if the patient sticks to factual statements, or simply voices an opinion—such as, “Dr. John Doe is the worst dentist ever”—the doctor will likely have no legal recourse against the patient. On the other hand, if the patient crosses the line from opinion to a false statement of fact that harms the doctor’s reputation, it may be in the doctor’s best interest to pursue a defamation claim against the patient to protect the doctor’s professional reputation.

What is Defamation?

Defamation includes both slander (spoken defamatory words) and libel (written or printed defamatory words). Defamation has been defined by the Ohio Supreme Court as “the publication of a false statement, made with some degree of fault, reflecting injuriously on a person’s reputation, or exposing a person to public hatred, contempt, ridicule, shame or disgrace, or affecting a person adversely in his or her trade, business or profession.” To prevail on a defamation claim under Ohio law, a plaintiff must prove the following elements: (i) a false statement; (ii) about the plaintiff; (iii) that was published without privilege to a third party; (iv) with fault or at least negligence on the part of the defendant; and (v) the statement was either defamatory per se or caused special harm to the plaintiff.

Contact Nardone Limited

While the advent of social media has provided dentists with a free method of advertising—and is often used by patients to share positive feedback about their experience with a doctor—unfortunately, patients can also use social media as a platform to attack a doctor’s professional reputation and integrity by spreading false statements. If you have discovered that a patient has been making false statements online about you or your dental practice, you should contact one of the dental attorneys at Nardone Limited. Nardone Limited represents dental practices in many different areas such as: (i) litigation; (ii) labor and employment representation; (iii) buying and selling dental practices; and (iv) human resource representation. One of Nardone Limited’s dental attorneys can help you determine whether you have an actionable claim for defamation against a patient or other individual, and can also advise you one the pros and cons of pursuing a claim in court. If you would like more information, or would like to schedule an appointment, contact Nardone Limited.