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What does it take to prove defamation in court? While many people say or write things about others, in most cases, these comments are opinions and not defamatory statements. Three key features that must be proven in court to win a case of defamation include the following: What does the communication itself convey to the public? Does it tarnish or damage the reputation of the individual concerned? A verbal or written statement can sometimes be deemed defamatory, even if the author does not intend to defame another person. Does the communication lack any justification? If it is outright false, it can be considered defamatory. Where is the communication published? In most defamation cases, the communication must be published in a public forum or conveyed as a message to a third party. Today, the most common method of defamation is social media.

Advice for healthcare workers for communicating on social media Because many healthcare workers now take to the media to write about their encounters with patients, here are some precautionary warnings: Some healthcare systems do not tolerate communication of patient encounters on social media. Termination is the risk that health workers face when they post on social media. If you decide to post about a bad experience with a patient, co-worker, or provider, you do so at your own risk. Never rush to reply to any negative comments on social media. HIPAA rules and regulations must always be in mind. When responding to patients, be as professional as possible. If you have had a negative experience as a physician with another patient, doctor, or business, remember courtesy, respect, and empathy before expressing your opinion in any forum. If you have facts supporting your argument, link them to external sources. When you state something, mention that it is an opinion, not a fact. Rely upon publicly disclosed and valid information that can contain factual material. If you want to post something negative and are not sure if you would be held liable for defamation, do not post it. If you are accused of posting a defamatory statement, delete it. This tactic not only saves you money but also preserves your reputation. Finally, when writing anything, remain on the side of truth and facts; this is the best defense against defamation.