What is an example of medical defamation?
Examples of defamation per se (as it might apply to physicians), are statements that: falsely charge someone with crime (“He’s been indicted for Medicare fraud.”); claim someone has an infectious, contagious, or loathsome disease (“She has AIDS.”); injures someone with respect to their profession by imputing …
What is defamation of character in healthcare?
Defamation per se can damage the reputation of a healthcare worker by saying false things like he or she lost his license when it is not true. All the healthcare provider must prove is that he never lost his license. In most defamation cases, once the truth comes out, the litigant wins.
How can healthcare prevent defamation?
Seek legal advice
- Seek a lawyer. Consult a lawyer with experience handling defamation matters for healthcare providers.
- Determine if the review qualifies as purported fact.
- Address the review.
- Increase positive reviews.
- Determine if a legal claim is viable.
- Ask yourself if legal action is worthwhile.
What was the case of the neurologist sued for defamation?
In McKee v. Laurion, a neurologist sued his patient’s son for defamation because of statements the son posted on various “rate your doctor” websites and letters of complaint he sent to medical institutions. Among the allegedly defamatory statements was a comment by an unnamed nurse who allegedly stated that the physician “is a real tool.”
Can a doctor Sue his former employer for defamation?
If an employee prevails, the cost can be extremely high, particularly when a highly paid physician brings the suit. For example, a jury in Texas awarded an anesthesiologist $9.8 million in a lawsuit against his former employer, a hospital, for defamation and breach of contract.
Can a hospital be held liable for defamation?
However, the hospital’s impaired physician program cleared the anesthesiologist of all charges. Based on the program’s findings, the hospital couldn’t shield itself from liability by claiming the statements were truthful.
What was the Minnesota Supreme Court decision on defamation?
The Minnesota Supreme Court recently held that statements posted by a patient’s son online describing rude and insensitive behavior by a neurologist, and a comment allegedly made by a nurse, were not defamatory.
In McKee v. Laurion, a neurologist sued his patient’s son for defamation because of statements the son posted on various “rate your doctor” websites and letters of complaint he sent to medical institutions. Among the allegedly defamatory statements was a comment by an unnamed nurse who allegedly stated that the physician “is a real tool.”
Can a medical provider be sued for defamation?
Although defamation claims are most often unsuccessful, employees, including medical providers, frequently allege defamation as part of wrongful termination lawsuits. If an employee prevails, the cost can be extremely high, particularly when a highly paid physician brings the suit.
Can a hospital management statement be considered defamation?
In contrast, earlier a California appellate court found that an alleged statement by hospital management that a surgeon is “incompetent” and “needs more training” was not an opinion and could constitute defamation because it could be proven true or false.
How are defamatory statements protected under the First Amendment?
Among the allegedly defamatory statements was a comment by an unnamed nurse who allegedly stated that the physician “is a real tool.” This statement, the court held, was “pure opinion,” protected under the First Amendment because “it cannot be reasonably interpreted as stating a fact and it cannot be proven true or false.”