If you are a Group Owner, Hospital, or other practice, and you believe that false or inaccurate information has been posted by physician users on this site, and you want these reviews removed - please read the following.
MDJobPulse NEVER removes user submitted reviews.
MDJobPulse NEVER discloses user submitted sources or identification.
WHY WE DO NOT REMOVE REVIEWS
First, we believe that the value of this site and its reviews is built upon the statistical purity and power of the anonymous, confidential, and unbiased physician reviews. Therefore, data collection and submission has to be consistent and standardized for all users. User reviews or ‘data’ cannot be manipulated. Further, any form of selection bias cannot be allowed whatsoever. As the ‘n’ for the reviews of a specific group increases, the value and power will increase as well; thus providing an accurate reflection of the group practice. Hospital or medical center.
Second, if we remove or modify a review whether at the request of the reviewer or third party, the validity of MDJobPulse.com will be compromised. Reviews would no longer be deemed true & unbiased opinions but instead opinions that have been influenced or modified by the group or worse the physician user post submission. We would no longer be a tool for physicians or surgeons to measure the pulse of a group or employer within their specialty.
While we will not remove or modify a review we acknowledge that opinions regarding a practice, group, medical center or hospital will differ based on physician experience. By maintaining and preserving all reviews submitted, patterns and trends will become evident and the statistical power of the reviews will increase. For example, if the positive reviews regarding an organization outweigh the negative reviews, the organization’s profile will reflect an overall attractive image.
In sum, whether requested by the reviewer or a third party, we at MDJobPulse.com will never remove or modify a review. Removing just one review will compromise all reviews.
WHY WE DO NOT DISCLOSE THE IDENTITY OF OUR REVIEWERS - PHILOSOPHY
The most fundamental tenet of MDJobReviews.com is “Anonymous, Confidential, and Unbiased”. We will never deviate from this – NEVER.
We at MDJobPulse.com have given our members our word that their identity will never be disclosed. Researchers have well established that respondents on opinion surveys will not provide honest responses, if not convinced that his/her identity will be fully protected. Hence, we believe that our members are best served when they know that we will not reveal their identity.
Once again, all reviews are anonymous and confidential. We will not reveal the identity of our reviewers. To do so would not only breach our promise to our members but also destroy the principle upon which MDJobPulse.com is erected.
HOW OUR USERS ARE PROTECTED FROM HAVING THEIR IDENTITY DISCLOSED
First, individual freedom of speech, and freedom of opinion expression protect the users identity. Everyone is entitled to an opinion. As long as the review is true opinion, the courts do not impose liability upon an individual submitting a review. Thus no legal, judicial, or related authority can demand and ISP to reveal its user’s identity for this reason. Additionally, truth is an absolute defense to a defamation claim.
Second, while you may believe that a review is defamatory and you have grounds to bring suit for libel (i.e. written defamation), this is not true. The reviews submitted to MDJobPulse.com are the opinions of the reviewers. Again, the courts do not impose liability when an individual expresses an opinion.
STILL WANT TO FILE A LAWSUIT? YOU SHOUULD BE AWARE . . .
Congress has provided additional protection to Internet Service Providers (ISP) in an effort to promote free speech on the internet. The Communications Decency Act holds harmless ISP’s who post material submitted by their users. Specifically, section 230(c)(1) states:
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
Stated clearly, in order for a statement to be defamatory it must be published. MDJobPulse.com is only a “provider of an internet computer service”. Reviews submitted to MDJobPulse.com are written by our members and posted without modification. Hence we are not the “publisher” or “speaker” of any review.
Additionally, when §230(c)(1) of the Communication Decency Act has been challenged, the appellate courts have upheld the protection granted by Congress to ISP like MDJobPulse.com. The significance of this ruling is that if you believe reviewer has submitted false information regarding your organization, the Communication Decency Act prevents you from holding us liable.
This rule was developed because websites cannot possibly monitor the accuracy of the huge volume of information which their users may choose to post. If disgruntled plaintiffs were permitted to hold websites liable for information that the sites did not create, free speech would be stifled and fewer and fewer sites would be willing to permit users to post anything whatsoever. In general, the lower federal district court and federal appellate court that have construed the CDA has held that websites like MDJobPulse are immune from virtually every type of civil liability when the site has been sued based on information posted by a third party.
Batzel v. Smith, 333 F.3d 1018, 1027–28 (9th Cir. 2003
Doe v. America Online, Inc., 783 So.2d 1010 (Fl. 2001)
Green v. America Online, 318 F.3d 465, 470 (3rd Cir. 2003)
Carafano v. Metrosplash.com, Inc., 339 F.3d 1119 (9th Cir. 2003)
Schneider v. Amazon.com, Inc., 31 P.3d 37 (Wash.App. 2001)
Doe v. GTE Corp., 347 F.3d 655 (7th Cir. 2003)
Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997)
Blumenthal v. Drudge, 992 F. Supp. 44 (D. D.C. 1998)
The significance of this is that if you believe a physician user submitted false information about your group or hospital on MDJobPulse, the CDA prohibits you from holding us liable.
So, I am a group Owner/Hospital, is there nothing that I can do?
On the contrary, there’s much you can do to explain or rebut a user review. Turn a negative into a positive - If the review calls attention to a previously unknown opportunity, you can now focus on affecting change, and once resolved, future reviews will reflect the improvements you made.
- Free Rebuttal Posting – As a group owner, practice, hospital, medical center, etc., you can rebut the user postings on MDJobPulse, by submitting a posting of your own, which will be placed only on your group’s location. This way users who read those user submitted reviews, will be able to read your rebuttal.
- Advertise – you can also highlight more positive features of your group / practice / hospital / medical center by running an advertisement immediately adjacent to your group page and review summary.
To be clear, all of the reviews on MDJobPulse have been authored by our users, not by us. No employee or agent of MDJobPulse, or MedJobPulse has posted any content on MDJobPulse about a Group, Hospital, or other practice without the entity’s written permission. Also, MDJobPulse does not create the titles or headings of the reviews. The titles are written by the author of the review. You can easily confirm this by following the steps on this site for submitting a review. You will see that as part of the process, the submitter constructs the title, not us.
I am still going to sue MDJobPulse . . .
That’s okay; if after reading all of this you are still going to sue MDJobPulse, you should be aware of the following:
- Rule 11 of the Federal Rules of Civil Procedure – if you file a lawsuit which you know contains false claims, or if you sue without first conducting a reasonable investigation as to the law as it may pertain to the facts of your case (such as determining the identity of the author of the report(s) you are concerned about), you and/or your attorney can be subject to serious sanctions at the judge's discretion. Many suits have been filled against like companies and have resulted in those plaintiffs paying some or all of the MDJobPulse-like companies’ attorney’s fees. Furthermore, similar companies have never paid out anything in settlement or damages to those plaintiffs suing MDJobPulse-like companies.
- § 674 of the Restatement (Second) of Torts – this law which imposes civil liability on anyone who files a frivolous lawsuit. This claim is known as "wrongful use of civil proceedings." These liabilities are in addition to penalties that a judge may impose on anyone who sues MDJobPulse. Specifically: One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if: he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and except when they are ex parte, the proceedings have terminated in favor of the person against whom they are brought. Because MDJobPulse is immune from liability under the CDA for defamation-based and related claims, any suit that seeks to impose liability for the speech of our physician users is, by definition, an action brought "without probable cause". Again, MDJobPulse accepts no liability for the speech of its users, and it will vigorously defend any litigation brought against us which seeks to circumvent the CDA.
- You will pay OUR attorney fees – if we are forced to appear in a case, MDJobPulse will not stipulate to a dismissal unless the party who filed the action agrees to pay MDJobPulse’s attorney fees. It is your right to file suit, but once you file a suit, be prepared to either take it all the way to a decision on the merits or pay MDJobPulse’s attorney fees.
The Bottom Line:
We do not remove user submitted reviews or disclose the source of our reviews. If you have a preponderance of negative reviews, there is a reason. Address the concerns, and group consensus will statistically reflect this over time.
.
