|
Getting your Trinity Audio player ready...
|
A viral post can tank a healthcare professional’s reputation in hours. Unfortunately, fighting back isn’t always straightforward.
It’s every clinician’s nightmare: a patient or client complains about you on social media, and the post gets traction. A recent viral TikTok series shows just how hard it can be to fight back.
In this incident, a woman posted a 25-part video series on TikTok claiming that her psychiatrist manipulated her into falling in love with him. In her view, the psychiatrist exploited her emotions as he failed to terminate their professional relationship and gave her “mixed signals.”
Part One of the series garnered over six million views, with the subsequent installments attracting millions of views as well. The series even caught the attention of mainstream media outlets such as the Los Angeles Times and People Magazine.
Such an accusation can have devastating consequences. A health care professional could suffer a damaging blow to their reputation, lose their business, and even risk their licensure, even if the details are distorted or inaccurate.
So what options do clinicians have when faced with online reputational harm?
Above All, Do Not Engage with the Post
Understandably, emotions take over when you see a viral post about your practice on your For You page. Reading the comments from people who don’t know the whole story can feel like a personal attack.
It’s common for business owners in other industries to respond publicly to negative posts, sometimes to apologize, sometimes to correct the record. From a public relations standpoint, this strategy has mixed results. Some responses help restore trust; others only boost the post’s reach or stir up more backlash. Without experienced PR guidance, it’s a gamble.
For healthcare professionals, the risks are even higher. Unlike other business owners, you have ethical and legal obligations, especially around client confidentiality and duty of care. These responsibilities make public responses far more complicated.
Despite the urge to immediately share your side, it’s vital not to engage with the post. As a licensed healthcare professional, you must consider HIPAA and your licensure board’s rules around confidentiality and public statements. A healthcare professional who finds themselves in this situation should consult an attorney immediately before taking action, especially with licensure on the line.
Cease and Desist Letters
We all know that lawsuits are lengthy and expensive. A cost-effective and common practice for such a situation is for an attorney to draft and issue a cease and desist letter.
A cease and desist letter is a formal demand that the recipient stop a specific action immediately. These legal notices are common first steps to resolve problems quickly and without involving the courts. They are short documents, typically only a couple of pages, which outline why the action must cease, and if the recipient doesn’t comply, give notice that the sender may pursue legal remedies.
In essence, cease and desist letters threaten to take legal action against the recipient if they fail to comply with the letter’s terms. While the letters themselves do not legally require the recipient to comply, they may convince the patient to remove the post or refrain from posting further to avoid being dragged into court.
But not all recipients take these letters seriously. In some cases, they might even publicize the letter online to portray themselves as victims or rally support. This can escalate the situation and increase the reach of the original post. When that happens, or when reputational damage has already occurred, a lawsuit may be the only way to seek meaningful relief.
Defamation Lawsuits: The Legal Path to Damages
The most extreme course of action would be to bring a defamation lawsuit against the poster. If you are a private individual, rather than a public figure, you must prove several key elements to successfully claim defamation against someone who posted damaging content about your business or you as a professional. The specific elements of a defamation claim can vary slightly by jurisdiction, but they tend to follow a framework like this:
- The statements made about you are factually untrue, not just a negative opinion by a disgruntled client.
- The statement was communicated to at least one person other than the original poster through any medium (such as to the entire TikTok community!).
- The poster failed to take reasonable care to verify the truth of the statement before posting it; and
- You, the healthcare professional, suffered reputational damage as a result of the statement.
Note that public figures, a category which could include healthcare professionals with a large social media following of their own, must meet a higher legal standard for the third element, known as “actual malice.” Under this standard, they must show the poster either knew the statement was false or acted with reckless disregard for the truth.
The last item, reputational harm, can be difficult to prove. You’ll need to show that the statement damaged your professional standing, hurt your relationships, or cost you business opportunities.
However, the law does recognize certain types of statements as so inherently damaging that harm is presumed. This is called defamation per se.
What Counts as Defamation Per Se?
In Illinois and many other states, certain categories of false statements automatically qualify as defamatory. These include:
- A false statement that a person acted unethically in their profession or business. This would include claiming that the person acted inappropriately or dishonestly in their line of work.
- A false statement that someone engaged in sexual misconduct.
- A false statement claiming that a person is professionally incompetent or unable to perform their job.
- A false statement accusing someone of committing a crime.
- A false statement claiming that someone has a severe infectious disease (typically meaning a sexually transmitted disease, but courts have been expanding the scope of what diseases are included).
In the TikTok psychiatrist example, the first three types of defamation per se might be relevant, depending on the precise allegations of the former patient. Although no formal defamation suits appear to be pending as of August 19, 2025, the case illustrates the kinds of statements a court could find to fall within one of these categories.
While statements in these categories allow courts to presume reputational harm, that doesn’t mean they’re automatically defamatory. You still need to prove that the statement was factually false and that the other elements of defamation are met to succeed in court.
Other Important Considerations
Potential Defenses to Defamation Claims
It is equally important to consider what defenses the poster might raise. First, if the poster can provide evidence that the statement is mostly true, then your claim may fail, no matter the extent of the damage to your reputation or business. Minor inaccuracies won’t make a statement defamatory if it’s “substantially true.”
Second, the U.S. Constitution protects pure expressions of opinion. As long as the opinion does not imply false facts, the poster’s statements will not be considered defamatory.
The “Single Publication Rule”
In the context of mass media and online content, states (including Illinois) generally follow the “single publication rule.” This means that the initial post of defamatory content is considered a single act. So, multiple claims cannot be brought against those who access or further distribute the post. The primary focus is on the party that initially communicated or posted the content.
Timing
It is essential to keep in mind that a defamation lawsuit must be filed within one year after the patient posted the statements. So, contacting an attorney quickly is essential.
What If the Allegations Are Ongoing?
Suppose you have concerns about the patient making the story into a 25-part series while you are getting your lawsuit in order. An attorney could petition the court to grant a preliminary injunction while our case is pending. If granted, this means that the court will require the patient to take down the posts, not post any further on the matter, or both.
In contrast to a cease and desist letter, injunctions are court orders that the recipient must comply with. Failure to do so could result in serious consequences, such as fines or contempt of court charges.
Get Legal Support
If you one day find yourself at the center of a viral TikTok campaign, you have options available. Whether you pursue a cease-and-desist letter, a defamation claim, or a court order depends on your goals, the content of the post, and the damages involved.
Start by talking to a healthcare attorney. A misstep, even a well-intentioned one, could create bigger legal issues. An attorney can help you weigh your options and protect your professional reputation.
If a social media post is harming your practice, don’t navigate it alone. If you operate in one of the states where we have licensed attorneys, you can schedule a consultation to learn more.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
Free Attorney Consultation
