Dr says I vandalized his office

[daytimer69]

What is the name of your state (only U.S. law)? Texas

I had a friend who was also my pain management doctor for three yrs. My wife worked for him and when she got fed up with him and his office she decided to quit. After she quit, he wrote my disability company a letter and stated I should have never been disabled (even though he said I should be 3 yrs earlier and has been treating me me with pain meds) and also said that I vandalized his office. I have a copy of the office notes that he states this

Can I sue him for Libel or slander?

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

I had a friend who was also my pain management doctor for three yrs. My wife worked for him and when she got fed up with him and his office she decided to quit. After she quit, he wrote my disability company a letter and stated I should have never been disabled (even though he said I should be 3 yrs earlier and has been treating me me with pain meds) and also said that I vandalized his office. I have a copy of the office notes that he states this

Can I sue him for Libel or slander?

Did you vandalize the office?

 

[daytimer69]

NOT AT ALL nor would I ever. I may not like him for what he did to me and it is a long story but I would never do this

 

[quincy]

How did you get a copy of the doctor's office notes?

I suggest that you, instead of spending multi-multi-thousands of dollars suing this doctor over his medical opinion (which is likely to get you nowhere), get a new doctor and a new professional opinion. A complete examination and assessment of your medical needs and history should support the fact that you are disabled and in need of the pain medications that had previously been prescribed by the other doctor. Since the SSDI has already found you permanently disabled, it should not be too difficult to show that the pain medications are warranted.

As for the vandalism, unless the doctor has filed a police report and an investigation has found probable cause exists that you are responsible for such vandalism, resulting in charges against you, I would let it go.

Yes, it is defamatory to falsely accuse another of a criminal act. But it is probably not worth the costs of pursuing the matter in court unless it results in a cancellation of your benefits, a police investigation results in charges being filed against you, or some other complication arises from his statements.

If any of the previously mentioned situations arise, you can have the matter reviewed by an attorney in your area.

Good luck.

 

[daytimer69]

I am entitled to a complete report of his office notes due to I have hired an attorney for my disability case. IN addition, my spouse used to work for him and she brought me home a complete set after I filled out all the paper work requesting them, I do have another doctor that is prescribing medication. I was just wondering about a case against HIM personally

 

[Kiawah]

So your wife, an employee of that Doctor, copied a set of patient files (I know they happened to be of you), and gave them to you?

 

[daytimer69]

In a round about way yes. I put in a request (filled out paper work) and she was the one that does the reports PLUS my lawyer asked for a copy of them and he sent them to me and it has ALL the notes that were sent to the ins company and he gave me a copy of them

 

[quincy]

In that case, daytimer, if the doctor has no proof that you (or your wife) vandalized his office (by perhaps taking files or copying files without the legal authority to do so), then you could always send him a letter, via attorney, stating that he should cease making defamatory comments about you, or legal action against him may be considered.

It does not appear that there is any legal action worth the high expense of pursuing, based on what you have posted, but the threat of a lawsuit may help to stem the doctor's comments. Or it could upset him enough to spur him to take action against you over what he perceives as vandalism. . . so the letter can be a risk.

Again, you will want to contact an attorney if the doctor proceeds with any action against you (or your wife) over the alleged vandalism but, other than that, and the possibility of sending a cease and desist letter if he continues making false statements about you, I do not see that a defamation suit is one that will be worth your time and money pursuing in court.

Good luck.

 

[daytimer69]

I guess its not worth doing anything since I am not seeing him anymore.

Thanks for all your help

 

[quincy]

You're welcome, daytimer. Hopefully your relationship with your new doctor will be a better one. Good luck.