A Manhattan woman has found herself in a world of legal
troubles after posting a bad review of a local doctor online.
Michelle Levine tells CBS2 she’s already spent close to
$20,000 fighting the million-dollar suit which accuses her of defamation, libel,
and causing emotional distress.
The plaintiff is Dr. Joon Song, a gynecologist Levine says
she visited once in August for an annual exam.
“After I got a bill for an ultrasound and a new patient
visit, whatever that means, and it was not billed as an annual I wrote a review
about it,” she told CBS2’s Lisa Rozner.
She says she complained to the doctor’s office, but nothing
happened. The lengthy critical review, among other things, complained of “very
poor and crooked” business practices and was posted on sites like Yelp, Zocdoc,
and Healthgrades.
“And I gave them one star on Facebook, which they also put
in their complaint,” Levine said.
After getting sued, Levine says she took down all her reviews
but Dr. Song still wants her to pay around $1 million in damages plus legal
fees.
“It’s been kind of a nightmare,” the defendant said. “I just
have this doctor that’s been suing me for a Yelp review and he won’t go away.”
Dr. Song wouldn’t go on camera to discuss the suit, but his
attorney sent a statement to CBS2 saying in part: “While everyone is entitled
to their opinion, outright lies masquerading as reviews can inflict serious
damage to a medical practice or small business.”
Legal experts say it’s important to choose your words
carefully when reviewing a business online.
“Truth is an absolute defense,” attorney Steve Hyman said.
“If you do that and don’t make a broader conclusion that they’re running a scam
factory then you can write a truthful review that ‘I had a bad time with this
doctor’.”
Other experts say it’s important not to make broad
generalizations.
“If you’re going to make a factual assertion, be able to
back that up and prove that fact,” Evan Mascagni from the Public Participation
Project said.
Levine says despite the legal headache, she doesn’t regret
writing her review and will continue to fight to the end if she has to.
A spokesperson for Yelp tells CBS2 New York needs stronger
legislation to protect reviewers from lawsuits, but in general it encourages
businesses to resolve issues directly with consumers instead of resorting to
litigation.
Courtesy of: https://www.medpagetoday.com/practicemanagement/practicemanagement/73206
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