Facebook again....

[dukemd]

What is the name of your state (only U.S. law)? California
I am a first time poster and I am sure this is a frequent subject. I have read some of the other FB questions.

Situation: small town 10K in CA. My wife and I are MD's (please be nice, unfortunately I feel we are being libeled on FB.
An infant was seen for a routine well check and the parents had no concerns. Received the routine infant vaccines for the age. No reported issues after the visit.
Two days later the infant died while sleeping on the fathers chest.

Posters on FB are pointing fingers at my office, vaccines etc. Unfortunately this child most likely died of SIDS. There was nothing seen during the visit that indicated the child was ill, received excellent routine care.

Are we going to loose business...hard to say but I am sure there will be some backlash. Just what happens when living in a small town. Is our reputation under attack...Yes.

After this settles down and if we feel that our business has been hurt what do we do? What would you recommend we do now to protect ourselves/reputations.

 

[justalayman]

After this settles down and if we feel that our business has been hurt what do we do?

are they actually claiming you are at fault or are they merely discussing the situation and tossing out questions about what might have happened?

 

[quincy]

The answers to justalayman's questions are important ones.

Regardless of the answers, however, it has been shown, in study after study, that doctors who address upfront with the persons involved any issues that have come up about the medical care given, and who show a willingness to discuss with the persons involved any questions or concerns that have arisen as a result of the care (and who admit to possible medical errors if, in fact, there have been medical errors - not that this applies in your case), are less likely to be sued for medical malpractice or attacked with potentially defamatory postings.

If you feel your reputation is under attack, it may be time to speak with the understandably distraught parents about the loss of their infant AFTER, of course, you speak with your attorney about the advisability of this.

Having an infant die of SIDS is one of those situations which will make everyone question everything. There is a need by the parents to search for answers and to, often, direct anger and to assign blame to someone. It is a natural part of the grieving process.

 

[dukemd]

We spoke with the mother the morning this happened. She stopped by for help. It was a good conversation.
Its the people that have no idea what is going on who are spreading misinformation on FB that I am afraid will become damaging to our reputation and business

If the family decides to file a medical malpractice I feel we will be fine and nothing will come of it.

I need to know what to do with the people who are saying my office "killed" the baby, we are dangerous etc.

 

[quincy]

You can file a complaint with Facebook to have the defamatory material removed. They may comply with your request or they may require that you get a court order for removal before they will delete the material.

If you know the identities of those posting the defamatory comments, you can have an attorney draft cease and desist letters to these posters, advising them of civil actions that may be taken should they not immediately delete their comments, offer retractions and/or cease the making of any further defamatory comments.

If the posters are using anonymous names, it becomes more difficult. You must head to court to get a subpoena to order Facebook to turn over the identities of the people involved in creating the defamatory content. In order for a court to issue such an order, you must be able to demonstrate to the court that you have a prima facie case against these posters for defamation (that all elements for a defamation suit are present and a suit could withstand a motion to dismiss). Often a court will require that you file a defamation suit against "John and Jane Doe" defendants first.

Because what you are saying has been posted would be considered by most courts to be defamatory per se, you would not need to demonstrate fault on the part of the posters or that reputational injury has occurred. These would be presumed and damages can be awarded on this presumed injury alone.

Good luck.