Munich regional court I dismissed a dentist
The physician rating portal Jameda is allowed to “Fake Bewertungen“ after a test delete. The regional court I of Munich confirmed on Tuesday, 16. April 2019, the deletion of ten positive reviews for a dentist (Az.: 33 O 6880/18).
This had been given until the end of 2017 60 customer ratings on Jameda – with an average overall score of 1.5. In January 2018, the dentist announced to be a paid “Premium package Gold“ at Jameda. In the week after the Portal to put out ten positive reviews. The average was then but still at 1.6.
The dentist said the deletions were made because his dismissal. In contrast, Jameda argued that the investigation had already been initiated earlier. In the assessment portal, this happens when a computer-based self-learning validation algorithm “Auffälligkeiten“ reports. After Jameda, it was “Fake Bewertungen“, the part of “demonstrably gekauft“ .
As well, the regional court of Munich I emphasized, would require Doctors to recite in such cases, at least, evidence that the deletions were not justified. “The temporal connection (with the cancellation) alone is not sufficient in the opinion of the chamber, because the defendant (Jameda) had undisputed already deleted in the past, positive reviews of the applicant due to a negative outcome of the investigation.“
More “resilient Anhaltspunkte“ not have delivered to the dentist. The reviews had been formulated, in part so that he can know which patients were – if you were actually in practice. In contrast, Jameda have justified the deletions in detail. So the given phone numbers were not in eight cases, and also in the case of the other two Evaluators, each of which tried to contact had failed.
The district court also pointed to the fact that the deletions of the valuation only an average of 0.1 school grades had fallen. The interference in the occupational freedom of the dentist is therefore only low.
Jameda sees the Munich judgment is confirmed. “Online doctor reviews, patients provide an important orientation for the doctor search. The prerequisite for this, however, is that it’s authentic reviews handelt“, the Jameda GmbH in Munich, said after the verdict. mwo