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Reputational Damage Caused by Reviews on 'Japanese Hospital Navi' and Its Countermeasures

Internet

Reputational Damage Caused by Reviews on 'Japanese Hospital Navi' and Its Countermeasures

Everyone has moments when they feel unwell and consider going to the hospital. However, for those who don’t usually visit hospitals or have just moved to a new area, it can be difficult to know what hospitals are nearby. In such cases, the ‘Japanese Hospital Navigator’ can be a useful tool.
With its detailed search criteria, you can find a hospital that meets your needs. However, as with any review site, an unavoidable issue is ‘reputational damage caused by reviews’. In this article, we will discuss the reputational damage caused by reviews on the Japanese Hospital Navigator and how to address it.

What is Hospital Navi?

Hospital Navi is a service for finding hospitals, but what sets it apart is the level of detail in its search criteria. Not only can you specify the area and medical department, but you can also specify the “day and time”, allowing you to find a hospital that can accommodate your schedule. Furthermore, you can set detailed conditions such as whether online or phone reservations are available, whether there is a childcare facility or kids’ space, and whether there is a nearby parking lot. For example, if you suddenly fall ill on a Monday morning, you can instantly search for a “hospital in Urawa Ward, Saitama City, that accepts patients at 10 a.m. on Mondays and allows phone reservations”. It’s a very convenient hospital search site. In addition, they also offer a “medical consultation service” where you can consult with a doctor for free online. If you enter your consultation content from your computer or smartphone, you will receive a direct response from a specialist.

What are the malicious reviews posted on Hospital Navi?

What should you do if a malicious review is posted on Hospital Navi?

On the hospital information page of Hospital Navi, you can view reviews from people who have used the hospital. If there are good reviews, you may consider using the hospital, but if there are bad reviews, you may hesitate. Here, we introduce malicious reviews that may deter patients from visiting the hospital. First, let’s list the contents that are generally considered as malicious reviews for hospitals.

Misdiagnosis

Reviews that accuse the hospital of misdiagnosis, such as “Even after taking the prescribed medicine, my symptoms did not improve at all, and there is a high possibility that I was misdiagnosed.” If rumors spread that the hospital makes misdiagnoses, the number of patients will undoubtedly decrease.

Poor Quality of Service

Reviews that point out poor service, such as “The receptionist and doctor are unfriendly” or “The explanations are vague and they don’t answer my questions properly.” Poor service can be off-putting. Some people may decide not to use the hospital anymore because of this.

Lack of Cleanliness

Reviews that point out a lack of cleanliness, such as “The hospital floor is covered in dust” or “They reuse medical instruments.” Cleanliness is essential in a hospital because of the risk of various bacteria proliferating. If the hospital is dirty, people may lose the will to use it.

Long Waiting Times

Reviews that point out long waiting times, such as “Even though I made an appointment, I had to wait for more than 30 minutes.” It’s hard to wait for a long time when you’re feeling weak. Some people may choose to go to a slightly farther hospital to avoid the long wait. Thus, even if it doesn’t directly relate to the treatment, long waiting times can be a negative point for a hospital.

Unnecessary Examinations

There are reviews expressing dissatisfaction with inexplicable examinations, such as “I had an X-ray, but the cause was not identified, and I was only given a poultice. This is a rip-off hospital that conducts unnecessary examinations to squeeze money out of patients.” As the number of examinations increases, so does the cost of treatment, so hospitals that conduct unnecessary examinations are avoided.

Past Medical Errors

There may be reviews pointing out past medical errors, such as “The chief doctor of this hospital has failed in surgery in the past. I can’t trust them with my life.” Even if you understand that past medical errors have nothing to do with current treatment, you can’t help but doubt the ability of a doctor who has made a medical error. Reviews revealing past medical errors are indeed a form of bad reputation.

Hospital Navi prohibits the posting of negative content

As mentioned above, if such reviews are posted, the reputation of the hospital may decline, which could potentially harm the hospital’s management. However, such reviews are generally not posted on Hospital Navi. This is because Hospital Navi prohibits the posting of negative content. On the Hospital Navi homepage, it is clearly stated that “negative content will not be posted” in the section on review posting.

  • Reviews containing negative content
  • Those intended for slander or complaints
  • Those based on hearsay
  • Those that violate laws and regulations, or public order and morals

Reviews that fall under the above categories and are deemed inappropriate by the management will not be posted. Also, even if a review has been posted once, it may be deleted or changed later due to reasons such as re-examination or changes in posting policy. Since it is stated that they are collecting recommended reviews, it is clear that the management does not want negative posts. In addition, the terms of use of Hospital Navi clearly state that if the content or expression of the posted information contains any of the following information, the user’s permission may not be obtained, and the posted information may not be posted, or it may be partially omitted or changed.

1) Information contrary to the operation policy of Hospital Navi → Negative content reviews as mentioned above
2) Information that violates or is likely to violate the provisions of laws and regulations
3) Information recognized as advertising for specific doctors, medical institutions, medical devices, cosmetics, pharmaceuticals, quasi-drugs, etc.
4) False or exaggerated representations about the name, manufacturing method, effect, performance of cosmetics, pharmaceuticals, quasi-drugs, etc., or information that may be misunderstood as being guaranteed by a third party
5) Information that is clearly contrary to fact
6) Information that may induce or promote criminal acts
7) Information that infringes on the property rights, copyrights, trademark rights, and other intellectual property rights of our company, other members, or third parties
8) Information that infringes on the privacy of other members or third parties (including posting personal information of other members or third parties, such as telephone numbers, addresses, and email addresses)
9) Information that infringes on the honor or credit of other members or third parties
10) Information that gives other users an unpleasant impression, such as radical expressions and criticism
11) Information that leads to discrimination based on ethnicity, race, gender, age, etc.
12) Information that may glorify, induce, or promote suicide, self-harm, drug abuse, etc.
13) Other information contrary to public order and morals
14) Information that hinders our business or criticizes our business
15) Information unrelated to the services of Hospital Navi, such as encounters between men and women, religious solicitation, etc.

(Reference: “Hospital Navi Terms of Use[ja] Article 5 (Handling of Posted Information) Paragraph 4)

How to Request Removal for Violation of Use

As we have seen in the previous chapter, if you post a review that contains negative expressions or content contrary to the facts, it will be removed by the operator. Although the risk of malicious reviews being posted is extremely low, there may be cases where content slips through the checks due to oversight or inability of the operator to determine whether it contradicts the facts. In such cases, it is necessary to request the operator to remove it as a violation of use. Here, we will introduce how to request the removal of reviews posted on ‘Japanese Hospital Navi’ for violation of use.

Using the Inquiry Form

When requesting the deletion or correction of information, you should use the inquiry form provided on the site. (Please note that we do not accept inquiries by phone)
The information to be filled in the inquiry form is as follows:

  • Name of the medical institution (official name)
  • Telephone number of the medical institution
  • Content to be corrected or added
  • Information of the person requesting the correction (such as name and email address)
  • Page URL on ‘Japanese Hospital Navi’
  • ‘Japanese Hospital Navi’ ID

Examples of Cases Where Removal is Requested on the Grounds of Illegality

What are the appropriate measures when an illegal review is posted?

When a posted review is considered illegal and a request for removal is made, it is common to claim ‘defamation’. Defamation refers to the act of publicly presenting facts and lowering the social value of individuals or companies. On the internet, if you point out facts and slander, there is a high possibility that it will be considered defamation.

Examples of Reviews That May Constitute Defamation

If the content of the review is not subjective but points out facts, there is a risk of defamation. For example, ‘misdiagnosis’, ‘unnecessary examination’, ‘past medical mistakes’ etc. in the above examples may be examples of facts. On the other hand, shortcomings in response or long waiting times are content that changes depending on individual subjectivity, so the likelihood of defamation is low.

Exceptional Cases That Do Not Constitute Defamation

Even in cases that constitute defamation, if all the following conditions are met, defamation is not established.

  • It is intended for public interests (publicity and public interest)
  • It is true (truthfulness)

For example, if the content of the review is about a medical error that occurred at the hospital, it is likely to be exempt from defamation if it is recognized as public and beneficial because it is useful for many people and it is true. In other words, what is important in determining whether or not it constitutes defamation is whether the fact pointed out is false or true. That is, if it is false, defamation is established, and if it is true, defamation is not established. In actual cases, this truthfulness is the point of the trial. For more details about ‘defamation’, please refer to the article below.

https://monolith.law/reputation/defamation[ja]

Removal by Provisional Disposition

If you choose to sue for defamation, the case will be contested in court. Going to court can be costly and time-consuming. If you want to have the content removed more quickly, we recommend using a provisional disposition for removal. A provisional disposition involves asking the court to issue an order to the review site to remove the content. Once the court issues an order, the site will likely respond promptly to remove the content. However, in order for the court to issue a provisional disposition, it is necessary to verify the fact that your rights have been infringed upon based on legal grounds. Making such legal claims can be challenging for a layperson, so you should consider hiring a lawyer. As lawyers have their own areas of expertise, choose one who has extensive experience with provisional dispositions for defamation.

https://monolith.law/reputation/provisional-disposition[ja]

Identifying Users through Provisional Dispositions

In provisional dispositions, it is not only possible to request the deletion of information, but also to request the disclosure of sender information, thereby identifying the user. If malicious reviews continue to be posted, simply deleting them will not fundamentally solve the problem. In this regard, if you can identify the poster and pursue their responsibility, it is possible to stop the posting. Initially, a request for the disclosure of the poster’s information is made to the review site, but since the site also has an obligation to protect personal information, it is rare for them to comply immediately. As there may be contentious discussions, it is necessary to seek the assistance of a skilled lawyer.

Summary

Byouin Navi is a hospital search site where you can specify detailed conditions such as days and hours. As it claims not to post negative reviews, the likelihood of malicious reviews that could damage a hospital’s reputation is low. However, there is a chance that some may slip through the checks, so if you find a defamatory review, you must request its removal yourself. If you can’t handle it alone, consider using a lawyer and exploring the option of provisional measures.

Managing Attorney: Toki Kawase

The Editor in Chief: Managing Attorney: Toki Kawase

An expert in IT-related legal affairs in Japan who established MONOLITH LAW OFFICE and serves as its managing attorney. Formerly an IT engineer, he has been involved in the management of IT companies. Served as legal counsel to more than 100 companies, ranging from top-tier organizations to seed-stage Startups.

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