ARTICLE
Think Twice Before Responding to That Negative Online Review By Wade Emmert, JD, CIPP/US, AIGP It’s natural to want to defend your practice—especially when a negative online review feels unfair, misleading, or outright false. But for healthcare providers, responding to a bad review isn’t just a public relations concern—it’s a legal one. You could be walking straight into a HIPAA violation. Under HIPAA—and many state privacy laws—healthcare providers are prohibited from disclosing patient health information to unauthorized individuals. This includes not only obvious disclosures, such as a diagnosis or treatment details, but also something as seemingly harmless as confirming that someone is a patient. Even a simple statement like, “I’m sorry you felt that way about your visit,” could be interpreted as a disclosure of protected health information (PHI). So what should you do when confronted with a negative review? First, decide if it’s worth responding at all. Not every negative review needs a response. Sometimes, the most strategic move is to let it go. However, if the review contains false or defamatory statements, you may want to contact the review platform and request that it be removed in accordance with their content policies. If you do choose to respond, you can still do so in a way that protects patient privacy. A compliant response should acknowledge that your practice takes concerns seriously, reaffirm your general commitment to quality care, and invite the individual to contact your office directly to discuss the matter further. This approach demonstrates professionalism without crossing any legal boundaries. What you should never do is reference the reviewer’s condition, visit, or any personal detail—no matter how vague it seems. Likewise, avoid blaming the patient, even if you feel their account is inaccurate or incomplete. Comments like, “You missed several appointments” or “You didn’t follow the treatment plan,” are not only unprofessional—they may constitute a HIPAA violation. Also, don’t get pulled into an online back-and-forth. Responding more than once can escalate tensions, increase the risk of disclosing sensitive information, and reflect poorly on your practice. One thoughtful, respectful response is enough. Finally, remember that your response is not just for the reviewer—it’s for everyone else reading it. Potential patients will form impressions about your professionalism, judgment, and values based on how you handle criticism. Always be polite, measured, and HIPAA-compliant. A negative review can be frustrating—but turning it into a HIPAA violation is far worse. Stay calm, stay professional, and when in doubt, don’t respond publicly at all. Stay smart. Stay compliant. If you have questions about responding to reviews or patient privacy, feel free to reach out at wade@texashealth.com. Founded in 1970, Carrington, Coleman, Sloman & Blumenthal, LLP, is a Texas-based law firm that focuses on complex litigation and transactions for clients across the U.S. Carrington Coleman understands that health care professionals must confront a wide array of concerns in today’s fast-paced world. Growing demand, ever-evolving regulations, heightened government scrutiny, and increased litigation are just a few of the many realities you encounter. We collaborate with you to make the right adjustments, at the right time, to maximize your opportunities, while also mitigating potential risks. We make it a priority to position you for success. Carrington Coleman’s deep bench of attorneys brings diverse skill sets and relies on both our institutional knowledge and innovative strategies to serve all of your needs. This combination of strengths enhances our ability to provide representation and counseling on litigation, transactional, and state and federal regulatory compliance matters, among others. Often these skills and areas-of-need overlap. For example, if you come to us for help with a transaction, we’ll use our compliance knowledge to review the prospective deal for potential Anti-Kickback, Stark Law, and other violations. And, our litigation experience enables us to identify possible future problems and take the necessary steps to avoid trouble down the road. This convergence of legal perspectives pays you dividends. With more than a half-century of serving health care clients, we also advise you on your general operational concerns such as employment, licensing, and many other issues. Additionally, our team can see your vision. We’ll happily and candidly offer counsel on ideas you have in advancing and implementing trailblazing improvements in the delivery of health care and quality outcomes while differentiating you from the crowded health care industry. Carrington Coleman is pleased to be a TCA Friend of Chiropractic Partner. Visit https://www.ccsb.com/ for more details.
Founded in 1970, Carrington, Coleman, Sloman & Blumenthal, LLP, is a Texas-based law firm that focuses on complex litigation and transactions for clients across the U.S. Carrington Coleman understands that health care professionals must confront a wide array of concerns in today’s fast-paced world. Growing demand, ever-evolving regulations, heightened government scrutiny, and increased litigation are just a few of the many realities you encounter. We collaborate with you to make the right adjustments, at the right time, to maximize your opportunities, while also mitigating potential risks. We make it a priority to position you for success.
Carrington Coleman’s deep bench of attorneys brings diverse skill sets and relies on both our institutional knowledge and innovative strategies to serve all of your needs. This combination of strengths enhances our ability to provide representation and counseling on litigation, transactional, and state and federal regulatory compliance matters, among others. Often these skills and areas-of-need overlap. For example, if you come to us for help with a transaction, we’ll use our compliance knowledge to review the prospective deal for potential Anti-Kickback, Stark Law, and other violations. And, our litigation experience enables us to identify possible future problems and take the necessary steps to avoid trouble down the road. This convergence of legal perspectives pays you dividends.
With more than a half-century of serving health care clients, we also advise you on your general operational concerns such as employment, licensing, and many other issues. Additionally, our team can see your vision. We’ll happily and candidly offer counsel on ideas you have in advancing and implementing trailblazing improvements in the delivery of health care and quality outcomes while differentiating you from the crowded health care industry.
Carrington Coleman is pleased to be a TCA Friend of Chiropractic Partner. Visit https://www.ccsb.com/ for more details.