by Guest » Fri Sep 06, 2013 12:31 pm
I posted an honest review on a surgeon who did my rhinoplasty and now his receptionist sent me a letter against the published thing: “According to our liability insurance, we cannot provide service to any patient who has posted such reviews.”
I just don’t understand what is the problem with this?How could they refuse for just writing a truthful review?
I just don’t understand what is the problem with this?How could they refuse for just writing a truthful review?
Posted: Mon Sep 09, 2013 04:28 am Post Subject:
Go through the insurance papers and check out if it has truly been mentioned in there regarding posting reviews about their services. If so, then they are on the right side of the law and if not, then you may mull taking legal action against them.
Posted: Wed Sep 11, 2013 07:07 pm Post Subject:
Now Adamsarthur is practicing law! Amazing. Except that he does not know what he's talking about.
In one 2011 case, Dr. Aaron Filler, a neurosurgeon, sued a former patient in a Los Angeles court for posting negative comments about him on rating sites such as RateMDs.com, including that he posed an unusually high risk of death to patients. A judge dismissed Filler’s suit, deciding that the patient was exercising free speech on a public issue, and ordered the doctor to pay $50,000 in legal fees. ("Doctors firing back at patients’ online critiques; Lawsuits target harsh Web posts", The Boston Globe, March 31, 2013)
And about six months earlier,A judge decided the critical comments made on review site YELP.com and other sites were free speech.
"I'm disgusted. I'm actually really disgusted," said dentist Mo Saleh, who tried to sue his former client, Spencer Bailey, for defamation after finding negative reviews on the Internet. "The reason I'm risking opportunity and risking this negative exposure is because I feel that this is wrong."
But a judge threw out the suit before it got very far.
"When we walked into this courtroom, we didn't walk on equal footing because of the Anti-SLAPP law," Saleh said.
The "SLAPP" in the Anti-SLAPP law stands for Strategic Lawsuit Against Public Participation.
Businesses can sometimes file those suits to quiet criticism. But the Anti-SLAPP law can be a friend to those who are taken to court, giving them free speech protection when they make comments in a public forum and concern a public interest, which a site like YELP seeks to serve. (September 27, 2012, www.KATU.com)
That's not to say the surgeon in the OP's matter can be forced to continue to see her as a patient, but it might be saying his insurance will not provide him a legal defense in related matters. The physician would be wise not to attempt to sue the OP for her exercise of free speech.
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