Dutch Surgeon Wins Landmark 'Right To Be Forgotten' Case (theguardian.com)

AmiMoJo shares a report from The Guardian: A Dutch surgeon formally disciplined for her medical negligence has won a legal action to remove Google search results about her case in a landmark "right to be forgotten" ruling. The doctor's registration on the register of healthcare professionals was initially suspended by a disciplinary panel because of her postoperative care of a patient. After an appeal, this was changed to a conditional suspension under which she was allowed to continue to practice. But the first results after entering the doctor's name in Google continued to be links to a website containing an unofficial blacklist, which it was claimed amounted to "digital pillory." It was heard that potential patients had found the blacklist on Google and discussed the case on a web forum. The surgeon's lawyer, Willem van Lynden, said the ruling was groundbreaking in ensuring doctors would no longer be judged by Google on their fitness to practice. "Now they will have to bring down thousands of pages: that is what will happen, in my view. There is a medical disciplinary panel but Google have been the judge until now. They have decided whether to take a page down -- and why do they have that position?" Van Lynden said.

Comments

Yelp

[NicknameUnavailable]

So Yelp is allowed to keep going but medical professionals who impact lives instead of serving food are allowed to "be forgotten?"

Re: Yelp

[Anonymous Coward]

I connected with a woman on usenet years ago who was posting about the clinical misbehaviour (medical, not sexual) of an anonymous gastroenterologist. Upon comparing notes I found I correctly determined it was the same doctor who mistreated me, just from her description of the practice.

A few years later the city's medical officer of health required a 'get checked for hepatitis' notice to be sent to her patients because of improper sterilizing of equipment. I and 6,000 other former patients received that letter. Fortunately, no patient caught it.

That doctor eventually lost her Ontario license after an extended fight and waste of resources. $$$$$ were wasted because of her negligence, thousands were worried about catching a nasty illness.

Former Doctor Farazli and other medical doctors should not be able to hide their negligence so trivially.

Technology is hard.

[Pascoea]

Now they will have to bring down thousands of pages: that is what will happen, in my view. There is a medical disciplinary panel but Google have been the judge until now. They have decided whether to take a page down -- and why do they have that position?" Van Lynden said.

It sounds like Van Lynden doesn't know how the internet works. Google can't "take down" anything. All it can do is remove references from its search results. I would love to hear an explanation for the technical aspects of how this would be done. Are Google's algorithms really that good that they can "de-list" certain websites but only for very specific search terms? What happens when/if this doctor gets put on the naughty list again? Are they required to de-list the next blog that people decide to comment on? This is very interesting from both a "free speech" (and yes, I realize this isn't a US story) and from a technical perspective.

Good example of what is wrong

[JoshuaZ]

This is a really good example of why the "right to be forgotten" idea is a really bad idea. Aside from issues of free speech, in any reasonable context, patients should have a right to know what problems or potential issues a doctor they have has had. One doesn't even need an American style strong free speech norm to see that this should be unacceptable.

Re:Good example of what is wrong

[Mal-2]

At the same time, people who have been accused of one thing and subsequently "convicted" on a lesser count (or nothing at all) deserve to have the original charge properly tagged with the resolution of the case. A mere retraction after the fact is insufficient. It needs to be in plain view from the moment the original complaint is referenced.

Re:Does anyone have the most important information

[MightyYar]

OK, got it. All this Dutch is killing me! According to this Dutch website, the doctor's name is Rita Kappel and the black list in question is here.

Dr. Rita Kappel you say?

[93 Escort Wagon]

So Dr. Rita Kappel was initially disciplined and her right to practice was suspended because of her postoperative care of a patient - but then her disciplinary action was altered to allow her to continue to practice. However the overall disciplinary action remains intact and on her record.

Do I have those facts regarding Dr. Rita Kappel correct?

Re:Does anyone have the most important information

[rtb61]

The story being, basically a weekend plastic surgeon that uses a rented theatre and cheap gig economy nurses in surgery, did a quick dirty, boobie deflation job. After sending the gig economy cheap surgery team home, who are too expensive and leaving the victim in the care of general nurse after the weekend surgeon wandered off counting the profits. Well the victim was not quite sealed up and was leaking, a lot, rather than put together a proper surgical team. The doctor sort of botched one up with the nurses available to get the victim done with as fast as possible, costing the surgeon money now and well, quite the awkward mess, all those amateurs in a room and after lots of bleeding and mess an hour and a half latter the patient sealed up.

Going in for surgery, go with a surgeon who works in a real hospital and where you will have doctors and nurses of all sorts on tap. Go to a weekend hacker that rents an surgery by the hour and brings on gig economy party time surgical 'er' specialists, and is looking to make as much profit as possible, as in spend as little as possible and push the gig economy workers out the surgery door as fast as possible.

When going in for surgery, ask which hospital and full time staff, don't go to the rental surgery and the gig economy workers, it's cheaper for a reason. That doctors special gig is https://www.drkappel.nl/ and https://www.drkappel.nl/, when it comes to inflato boobies she works the flip side, deflation. Runs a whole 'Institute' of medical practices web site (I'll bet it wants goggle search to remember that), when in reality a surgeon on the cheap, rented surgery and gig economy surgical staff the cheapest available, to maximise profits and good luck for the victims.

Most people going to a surgery would expect the doctor and the surgical team to know each other well and be practised working together so as not to make mistakes and during and post surgery, a lot of resources accessible for problems, not to be left in the lurch, bleeding out.