Wednesday, July 18, 2018

Dr. Yelp

Here is where we need it the most, the ability to properly place accurate, truthful evaluations of all Service providers including Lawyers and Medical Professionals.  The confusion of YELP and its purpose is frankly a consumer site that is a mishmash of reviews from food, retail stores and other businesses that are rarely validated, often anonymous and can be fraudulent or at least dishonest.  

As Consumers our rights are going out the window as we speak and the endless consolidations of major industries that leave us with fewer choices has enabled large conglomerates to run most businesses and industry - Amazon anyone?  Then we have the confusion surrounding health care insurance, medical providers and other servers in the industry that give little information and assistance to consumers attempting to navigate these deep waters.  When you move to a new community how do you find a Dentist, a Doctor,  a Car Mechanic and so on? There are endless sites and sources and in turn all those do is further confuse and muddy those waters so you take a dive and hope for the best.   As for Facebook I think we know that it is about a trustworthy as  a Russian posing as a Lawyer to give advice or truthful suggestions.  But I did find this on my former Attorney's Facebook page as I watched his meltdown the last two years it confirmed that he failed me in the same way Harborview Medical Center did.   The irony was that while he knew exactly what happened to me and that I provided him info on PTSD and brain damage from my accident and how Harborview mistreated me, he chose to have them do all the tests which he refers and irony that they found nothing.  Well they are good at that.  I can tell you otherwise the man is damaged beyond belief and that even a Harvard Degree failed to realize that he was fucked up way before Chron's and that again he was awarded a law degree, practiced for years until his health collapsed.  Gosh stress much?

After extensive testing over the past couple of years, doctors have concluded that they can find no brain damage or abnormalities, and that if I did suffer any due to surgery, that I am too high functioning (IQ=165+) to be able to diagnose anyway. Psychiatrically, there is also a consensus that there is nothing wrong EXCEPT severe PTSD stemming from events as a child, exacerbated by the effects of having been homeless, Crohn’s disease and the two major surgeries I underwent for it.
I never realized that I had PTSD (or really even knew what it was) and so never did anything to address it ... how would I know, after all, I have a great life. Unfortunately, a friendship caused me to revisit certain events, and face demons long blocked out, for the first time in decades .... that’s when I found out just how powerful and devastating PTSD can be as memories and emotions poured out of nowhere, drowning and crushing my psyche. Not only did it cost me that friend, second only to Kris in how special she is to me, but sent me spiraling in pain and confusion ... greater than any I’ve ever faced before. I literally thought that I was going to die. I contemplated suicide, behaved erratically, alienated friends and family .... frantically tried to hang on any way I could ... much of the time right here on Facebook ... howling at the moon, desperate for anyone to understand ... desperate, for the first time in my life, for someone to save ME ... and some tried ... but how could anyone ... only I control my destiny and only I have what is necessary to save me ... heart and enduring hope, even in the darkest of nights ... and it was that glimmer of hope, even in the blackness, that kept me from ending things many nights ...
I’m amazed and grateful that so many tried to help and that so many have remained my friends through all of this ... it would have been easy to simply turn away. I’m still dealing with the pain and uncertainty that accompanies PTSD, but for the first time in almost two years, I’m growling back at the darkness ... TODAY IS NOT THE DAY THAT I FALL.
I’m sorry to everyone that I let down, I never believed that I could be so fragile, that I could be broken by anything ... I thought that I could be Captain America ... when, in reality, I was simply a damaged human being ... so I failed many of you ... but not on purpose, I just got lost and frightened and didn’t know what to do. To my friend, I hope that one day you will understand, that you will forgive me and let me be part of your life again ... nothing could ever give me more joy ...
As for the law, I left every bit of passion, genius and myself I had to give it in the courtroom ... I’ve got nothing left, so my journey continues elsewhere .... I hope that I made a positive impact and acquitted myself well ...
And so, that said, another chapter begins ... and the unwritten future awaits ... NEVER QUIT!

He and the friend whom I believe he is referring (Kevin Trombold) I hired  and they lost both times, the other I sued on my own and lost that as well but at way less the cost.  The reality is that I went in with an acclaimed Lawyer whose mental health and physical health was corrupted and in turn he should have passed me onto to someone who could have helped me, funny Harborview could have done the same.  But you see the Medical and Legal professions are joined at the hip and this demonstrates how they rely on each other to keep each other always one step ahead and always put the patient or client at a loss. 

Doctors, hospitals sue patients who post negative comments, reviews on social media

Jayne O'Donnell and Ken Alltucker, USA TODAY |July 18, 2018 |

Surgeon says a former patient posted hundreds of negative reviews about him for a span of 10 years.

CLEVELAND – Retired Air Force colonel David Antoon agreed to pay $100 to settle what were once felony charges for emailing his former Cleveland Clinic surgeon articles the doctor found threatening and posting a list on Yelp of all the surgeries the urologist had scheduled at the same time as the one that left Antoon incontinent and impotent a decade ago.

He faced up to a year in prison.

Antoon's 10-year crusade against the Cleveland Clinic and his urologist is unusual for its length and intensity, as is the extent to which Cleveland Clinic urologist Jihad Kaouk was able to convince police and prosecutors to advocate on his behalf.

Antoon's plea deal last week comes as others in medical community aggressively combat negative social media posts, casting a pall over one of the few ways prospective patients can get unvarnished opinions of doctors.

Among recent cases:

• Cleveland physician Bahman Guyuron is suing a former patient for defamation for posting negative reviews on Yelp and other sites about her nose job. Guyuron's attorney Steve Friedman notes that while the First Amendment protects patients' rights to post their opinions, "our position is she did far beyond that (and) deliberately made false factual statements." A settlement mediation is slated for early August and a trial is set for late August if no agreement is reached.

• Jazz singer Sherry Petta used her own website and doctor-rating sites to criticize a Scottsdale, Ariz., medical practice over her nasal tip surgery, laser treatment and other procedures. Her doctors, Albert Carlotti and Michelle Cabret-Carlotti, successfully sued for defamation. They won a $12 million jury award that was later vacated on appeal. Petta claimed the court judgment forced her to sell a house and file bankruptcy. The parties would not discuss the case and jointly asked for it to be dismissed in 2016, but declined to explain why.

• A Michigan hospital sued an elderly patient’s two daughters and a granddaughter recently over a Facebook post and for picketing in front of the hospital they said mistreated the late Eleanor Pound. The operator of Kalkaska Memorial Health Center sued Aliza Morse, Carol Pound and Diane Pound for defamation, tortious interference and invasion of privacy.

Petta's attorney, Ryan Lorenz, says consumers need to know there can be consequences if they post factually incorrect information. Lorenz, who has represented both consumers and businesses on cases involving online comments, added that consumers are allowed to offer opinions that do not address factual points.

Cleveland Clinic doctor Jihad Kaouk takes the stand during a hearing in the Cuyahoga County Justice Center Friday, November 17th, 2017, in Cleveland, Ohio. (Photo: Tim Harrison, for USA TODAY)

“Make sure what you are saying is true – it has to be truthful,” he says.

"It would be great if the regulators of hospitals and doctors were more diligent about responding to harm to patients but they’re not, so people have turned to other people," says Lisa McGiffert, former head of Consumer Reports' Safe Patient Project. "This is what happens when your system of oversight is failing patients."

As doctors and hospitals throw their considerable resources behind legal fights, some patients face huge legal bills for posting them and other consumers face their own challenges trying to get a straight story.

Experts say that doctors take on extra risk when they resort to suing a patient.

Doctors typically can’t successfully sue third-party websites such as Yelp that allow consumer comments, but they can sue patients over reviews.

Even so, "you can win (a case) and still not win,” said Eric Goldman, a professor at Santa Clara University's law school.

Goldman, who has tracked about two dozen cases of doctors suing patients over online reviews, says physicians rarely win the cases, and in some cases, must pay the patients’ legal fees.

Physician-patient confidentiality rules complicate options for doctors, Goldman says, but they can respond to factually incorrect reviews if the patient agrees to waive confidentiality and publicly discuss the case.

The comments being challenged legally are typically those that were left online. Many medical review sites will remove posts they deem offensive or threatening to doctors, as many of Antoon or other Kaouk patients were. Yelp only removes reviews that violate the consumer website's terms of service.

Patients should also first bring up complaints directly to the doctor or other medical provider, says Edward Hopkins, an attorney who represented Carlotti, Cabret-Carlotti and their medical practice for part of the case. Other options could include reporting a doctor to state oversight agencies, consulting with an attorney or filing complaints with a state attorneys' general office.
Advocacy or obsession?

By the time he was arrested last December, Antoon had tried most every option with very little success.

Along the way, Antoon became a patient advocate – volunteering with Consumer Reports' Safe Patient Project and HealthWatch USA – and advising others who say they were harmed by Kaouk and the Cleveland Clinic.

Kaouk and the Cleveland Clinic. known as one of the top-rated hospitals in the country and for having an aggressive legal department, prevailed in malpractice and fraud cases filed by Antoon and other patients who claimed they were harmed.

Matthew Donnelly, Cleveland Clinic's deputy chief legal officer, attended Antoon's November criminal hearing.

Linda Antoon, front left, and David Antoon talks with each other while waiting for Antoon's hearing to start in a Cuyahoga County Justice Center courtroom Friday, November 17th, 2017, in Cleveland, Ohio. Seated behind them, from left are Dennis Wade, Ann and John Perrotti and Dan Gagliano. All three men were operated on by Dr. Kaouk. (Photo: Tim Harrison, for USA TODAY)

To Kaouk, a decade of negative reviews on social media led to what he considered an escalation when Antoon sent him several emails, including one with a link to an article about a Chinese crackdown on research fraud that could include the death penalty if people were injured or killed.

The day before Antoon posted on Yelp in November, Kaouk was granted a civil stalking protective order against Antoon, which barred him from contacting the doctor.

"What would be next – showing up at my door?" Kaouk said in court. "That's what we feared."

In his posts and emails, Antoon documented alleged issues including Kaouk and the urology department's lack of credentialing and privileging to use the robotic device in his surgery. He also sent records to the Centers for Medicare and Medicaid Services (CMS) claiming they showed Kaouk was not present in the operating room during his surgery despite his insistence that only Kaouk could perform the surgery.

The Ohio Medical Board closed its investigation into Kaouk after five years without reprimanding him in any way. Antoon's complaints to CMS temporarily put the hospital's $1 billion annual Medicare reimbursement at risk.

Still, Antoon's claims were rejected and Kaouk was held not liable for the surgical outcome left Antoon impotent and incontinent.

Along with more than $40,000 defending himself against the criminal charges, Antoon spent much of two days in jail. The second time was with young men accused of violent crimes whose bonds were far lower than the $50,000 bond he had to post in nearby Shaker Heights and again in Cleveland's Cuyahoga County after the case was transferred there.

"It is rare, but what isn't rare is for someone in a position of wealth, power and money go after someone like David to silence critics," said Antoon's attorney, Don Malarcik. "That happens often and it happened here."

Hospitals including the Cleveland Clinic are combating negative comments with their own rating systems, which let them "control their message," says McGiffert.

Some comments posted by Antoon and another patient who claimed he was injured patient, Dan Galliano, disappeared from the websites RateMDs and Vitals, as shown in screenshots Antoon took right after they were posted.

Cleveland Clinic spokeswoman Eileen Sheil said it posts all the government-required satisfaction survey responses patients fill out about doctors on its ratings site, once at least 30 are received. Comments aren't edited.

Sheil says Cleveland Clinic will request comments to be removed from other sites when they violate the sites' terms of service.

RateMDs did not respond to requests for comment. Vitals spokeswoman Rosie Mattio says the site has a care team that will investigate reviews it is contacted about.

"While we will not pull down a necessarily negative review, we will remove the review if we find that it violates our terms and includes material that is threatening, racist or vulgar," said Mattio.
Navigating Yelp

On Yelp, business owners can also flag a review to be removed for violation of the Yelp’s terms of services. Yelp reviews flagged comments and removes those that include hate speech, a conflict of interest or are not based on a commenter’s first-hand experience.

The website, however, doesn't intervene over factual disputes, says Yelp spokeswoman Hannah Cheesman. Instead, it classifies consumer reviews as “recommended” or “not currently recommended” based on an automated software review.

If Yelp’s software detects multiple reviews from the same IP address or biased reviews from a competitor or disgruntled employee, it puts the comment in the not-recommended category. Consumers can still view such reviews by clicking on another page, but those comments are not factors in Yelp’s five-star rating system.

McGiffert has long advocated for a federal database where people could report medical errors and infections. Unless that happens, online review sites – including hospitals' own and ones that will remove some reviews doctors object to – are among the only places patients can find physician reviews.

Still, doctors including Kaouk suggest they are the ones who are disadvantaged.

"It is something that if anybody would look just by Googling my name online you would see what he has written about me," Kaouk said of Antoon.

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