Handing out leaflets outside a doctor's building

[dannydanush]

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

Hi,

My wife and I have had terrible childbirth experience that may warrant a malpractice suit.
In the meantime, what I'd like to do is hire someone to stand outside the medical building where she practices and hand out paper copies of our story so that patients can make an informed decision whether they'd like to continue to see this doctor. The medical building has multiple doctors / businesses.
I need to know what is the best way to do this legally.

Thank you,

Danny

 

[You Are Guilty]

I need to know what is the best way to do this legally.

The very best way to do this legally is not to do it.

 

[CSO286]

You say "may warrant a malpractice lawsuit". Have you consulted a lawyer? What did he or she say? Has a lawsuit been filed?

What you are proposing is a very bad idea.

 

[dannydanush]

The very best way to do this legally is not to do it.

Thank you. Could you please elaborate why? What about 1st amendment, freedom of speech, etc.?
What if I just held up a sign outside the building? Would that be an issue as well? Aren't I allowed to inform people of my story?

 

[dannydanush]

You say "may warrant a malpractice lawsuit". Have you consulted a lawyer? What did he or she say? Has a lawsuit been filed?

What you are proposing is a very bad idea.

I have reached out to several lawyers. I understand medical malpractice is very difficult in CA and that most cases are lost in court.
This is a very personal matter to me since my wife and possibly my son were harmed.

 

[Silverplum]

Thank you. Could you please elaborate why? What about 1st amendment, freedom of speech, etc.?
What if I just help up a sign outside the building? Would that be an issue as well? Aren't I allowed to inform people of my story?

The doctor has not been convicted in a court of law. Basic civil rights: innocent until proven guilty. If you slander him, it will be easy for him to sue you, easy to win.

 

[Silverplum]

I have reached out to several lawyers. I understand medical malpractice is very difficult in CA and that most cases are lost in court.
This is a very personal matter to me since my wife and possibly my son were harmed.

So no attorney took her case.

 

[dannydanush]

The doctor has not been convicted in a court of law. Basic civil rights: innocent until proven guilty. If you slander him, it will be easy for him to sue you, easy to win.

I don't intend on slander, I just want to tell my story. Every person can make up their own opinion after that.

 

[CSO286]

I have reached out to several lawyers. I understand medical malpractice is very difficult in CA and that most cases are lost in court.
This is a very personal matter to me since my wife and possibly my son were harmed.

Right now, you have no proof that medical malpractice has occurred. You would be slandering the doctor. And he WOULD have far more solid grounds to sue than you do right now.

I am very sorry that you and your family had a difficult birth experience.

 

[dannydanush]

So no attorney took her case.

It seems that most attorneys don't want the case unless someone died. Anyhow, I've only reached out to a few so I still haven't given up on finding someone.

 

[cbg]

The problem is that you would have to be VERY careful exactly how you worded the story in order to avoid even accidental slander. Particularly since by your own account there may not be any actual harm, there has been no conviction and no lawyer has agreed to take a malpractice case.

 

[Silverplum]

I don't intend on slander, I just want to tell my story. Every person can make up their own opinion after that.

Well, you've been warned, more than once.

Go forth into the world.

 

[Silverplum]

It seems that most attorneys don't want the case unless someone died. Anyhow, I've only reached out to a few so I still haven't given up on finding someone.

Incorrect.

 

[dannydanush]

The problem is that you would have to be VERY careful exactly how you worded the story in order to avoid even accidental slander. Particularly since by your own account there may not be any actual harm, there has been no conviction and no lawyer has agreed to take a malpractice case.

So by that example, every person posting a bad review on Yelp needs to be very careful on how they word their review so that they won't be sued? Sounds like everybody would be afraid to speak up if that were true.

 

[CSO286]

I don't intend on slander, I just want to tell my story. Every person can make up their own opinion after that.

Tell your story. There are tons of babycenter and facebook forums to share your story. Expect that if you or an agent attempt to hand out flyers in front of the doctor's office, the minimum you'd be looking at is a trespassing charge, and a slander lawsuit is also a possibility, unless and until you successfully win a med mal suit.