Responding to Negative Social Media Reviews
In the digital age, social media platforms have become essential spaces for chiropractic practices to attract and retain patients and for patients to voice their opinions about their experiences. While positive reviews can boost a practice’s reputation, negative reviews can feel like a public stain, drawing attention from current and potential patients. However, when handled properly, negative feedback can be an opportunity for growth, improved patient relationships, and patient loyalty.
Here's how practices should and should not respond to negative social media reviews. Let’s start with what a practice should not do in response to a negative review.
1. Do not disclose any protected health information when responding to a review.
If you make the decision to respond to a social media review (more on that below), do not post any protected health information about anyone. As healthcare providers, chiropractors are covered by HIPAA, as modified by the Health Information Technology for Economic and Clinical Health (HITECH) Act. These laws and related regulations govern the permitted use and disclosure of patient information by covered entities, which would include a chiropractor and his or her practice. HIPAA/HITECH can create civil and criminal penalties for violations, and also contain privacy breach notification requirements when an unauthorized disclosure occurs.
First and foremost, any social media post by a chiropractor or staff must comply with HIPAA/HITECH. There is no exemption for disclosure on social media. Information that cannot be posted on a chiropractor’s or practice’s social media page includes any protected health information or information that can be used to identify a patient, such as name, address, insurance or social security number, date of birth, and photos.
This means it could be a violation of HIPAA/HITECH for a chiropractic office to respond to a review or comment on social media if any identifying information is written. If a practice’s post, even a response to a complaint or review, could lead the patient, family member, or acquaintance to identify the patient, the post could violate HIPAA. Therefore, specific descriptions of specific medical problems, or descriptions of the time or locations of patient visits, could lead to unauthorized disclosures. This makes it very difficult to substantively respond to a patient complaint or negative review publicly. Any such specific response should be sent only to the patient, if at all.
2. Do not plan on obtaining a recovery for defamation.
I get frequent inquiries from business clients concerning how to respond to negative social media reviews and posts. The inquiries often start with some variation of “this is defamatory” or “I want to sue them for defamation.” My advice is usually to take a deep breath, take time to think about this, and do not plan on ever being able to recover for defamation. Courts have generally considered online reviews and social media comments to be expressions of opinion that are not actionable as defamation. The context of such comments on social media pages, which businesses voluntarily participate in, leads courts to rule that people reading them generally understand the comments to be personal opinions and experiences, especially when they contain hyperbolic language that businesses tend to find most offensive.
With the two primary legal issues that tend to arise out of negative social media reviews out of the way, the focus will now shift to practical things you can do in response.
3. Request that the platform remove the review.
Most social media platforms have a mechanism to request the removal of inappropriate posts. For business reviews they typically will not use this process to remove a particular negative review, but it can’t hurt to ask. Explain why the review is false and not helpful to the public in the request. Even if not granted, this process does not take much time and does not cost any money.
4. Disable review and comment features.
Many social media platforms allow you to disable all review and comment functions. If negative reviews are becoming enough of a problem that they outweigh the benefits of positive reviews and comments, you can just turn the function off. That allows you to keep a presence on social media but avoids the impact of negative reviews.
5. Considerations if you do respond to negative reviews and comments.
If you decide to engage with a negative review or comments, here are several suggestions.
- Stay Calm and Professional. The first rule when faced with a negative review is to remain composed. Emotional or defensive responses can exacerbate the situation and damage your reputation further. Approach the feedback with a calm, professional tone that reflects your commitment to addressing concerns.
- Take the Conversation Offline When Necessary. For sensitive matters, including those involving a health condition or related treatment, it is wise to direct the conversation to a private channel, such as email or phone. Publicly assure the patient that you are addressing their concern while keeping personal details private. A reply could be, “We’d like to resolve this for you. Could you send us a direct message with more details or your contact information?"
- Investigate the Issue. Before offering a substantive response or resolution, ensure you fully understand the problem. Communicate internally with the relevant individuals to identify what went wrong, if anything, and how it can be rectified. Keep in mind that if the situation escalates, anything you post in response to a review or comment can be used against you.
- Offer a Genuine Resolution. Propose a practical solution that aligns with the severity of the complaint. This could include a refund, retreatment, apology, or an explanation of steps taken to prevent future occurrences. Ensure the response is tailored to the specific situation rather than using a generic template.
- Learn and Adapt. Negative reviews can provide valuable insights into areas where your practice might be falling short. Use the feedback as a guide to make meaningful improvements to your products, services, or processes.
- Encourage Positive Engagement. A consistent flow of positive reviews can dilute the impact of occasional negative feedback. Encourage satisfied patients to share their experiences online, creating a balanced and authentic representation of your practice.
- Monitor and Reflect. Social media is dynamic, and new comments or reviews can emerge anytime. Regularly monitor platforms to stay informed about patient sentiments. Periodic reviews of how your team handles feedback can also help refine your strategy over time.
Negative social media reviews are inevitable but not insurmountable. By responding thoughtfully and avoiding making the situation worse, practices can turn criticism into an opportunity for growth and patient connection. A proactive approach not only restores trust with the dissatisfied patient but also demonstrates to the broader audience that your practice is committed to excellence and accountability. By handling negativity with grace and professionalism, practices can maintain their reputation and foster long-term success.
About the Author
Ben Roach is a shareholder in the Litigation and the Labor and Employment Departments at Nyemaster Goode, P.C., in Des Moines, Iowa. His practice focuses on Employment Law where he both consults and is continuously involved in litigation for employers involving drug testing, wage and hour, discrimination, harassment, whistle-blower, retaliation, wrongful termination and non-compete issues.