OLG Hamm: Jameda has to delete allegation of failure to provide advice
The doctor rating portal Jameda has to delete false factual claims. According to a judgment of the Higher Regional Court (OLG) Hamm on Tuesday, March 13, 2018, doctors can refer to their patient files to prove the falsehood of the claim (file number: 26 U 4/18).
The dispute is about evaluating a dentist. In a review posted in June 2017, one patient gave very poor grades and wrote, among other things: “Ms. X's communication is problematic: she foregoes the simple basic communication rules and information / advice. Ms. X's prosthetic solutions were partly wrong. ”
The dentist said that she refrained from providing information and advice, was a false factual claim. The same applies to the allegedly incorrect prosthetics. To prove this, she submitted the patient records to the court.
The OLG Hamm accepted this as evidence. Thereafter, the patient should be informed. The opposite is therefore a false factual claim. Jameda had to delete them.
However, the dentist was unable to refute the claim that her prosthetic solutions were partially wrong. The OLG therefore dismissed the complaint. mwo / fle