Can I be sued for naming names if I can prove my story true via audio?

[Natsway]

I am a Dental Harm/Fraud victim turned advocate. I decided to take my story and place it online as a warning to others. In the years that have passed, the website has expanded and grown to become a patient story/reference/educational site visited by both patient and professional while being shared around the world.
My story is unique in the sense that it contains audio however, it's still not easy for the average to understand. I need to put it in a video format but question one important aspect, 'Defamation of Character'.
My understanding is, as long as you state the facts and don't name call, you are safe to tell your story and mention the parties involved. Is this true? Could I tell my story, name all parties and make the video viral without the worry of being sued by them?
When I spoke to a local attorney about creating my website and using the audio within the context of the story he stated, as long as it's factual, it's legal. If its the professional speaking? I would think that is factual.
Here is my website (link removed)
Thank You ahead of time for any help you can offer.

 

[quincy]

I am a Dental Harm/Fraud victim turned advocate. I decided to take my story and place it online as a warning to others. In the years that have passed, the website has expanded and grown to become a patient story/reference/educational site visited by both patient and professional while being shared around the world.
My story is unique in the sense that it contains audio however, it's still not easy for the average to understand. I need to put it in a video format but question one important aspect, 'Defamation of Character'.
My understanding is, as long as you state the facts and don't name call, you are safe to tell your story and mention the parties involved. Is this true? Could I tell my story, name all parties and make the video viral without the worry of being sued by them?
When I spoke to a local attorney about creating my website and using the audio within the context of the story he stated, as long as it's factual, it's legal. If its the professional speaking? I would think that is factual.
Here is my website and to find the audio [link removed]
Thank You ahead of time for any help you can offer.

Your post was reported for moderator review because of the link you included. Your post will be returned after editing.

What is the name of your state?

Any time you write about identified or identifiable individuals, you run the risk of being sued.

 

[Natsway]

Your post was reported for moderator review because of the link you included. Your post will be returned after editing.

What is the name of your state?

Rhode Island

 

[Taxing Matters]

Rhode Island

Defamation is the communication of a false statement of fact about one person to another person that harms the reputation of the person about whom the statement was made. True statements of fact are not defamatory. Statements that are purely opinion are not defamatory. So if all you post about the dentist (or whomever it was) are true statements of fact and opinion the dentist would not win a defamation suit. But the dentist could still sue you and you'd end up spending money to defend against the claim anyway. So, even if you win it may end up being expensive for you.

 

[quincy]

Rhode Island

Here is a link to a Rhode Island Supreme Court case (Marcil v. Kells, 936 A.2d 208, 212, R.I. 2007) which defines defamation law in your state and details the elements required to support a claim. You can start by reading the Analysis.

https://www.courtlistener.com/opinion/1946427/Marcil-v-Kells/
Although defamation can be the biggest worry when writing about real people or entities, there are other areas of legal concern (e.g., invasion of privacy/publication of private facts, audio recording laws). If sued in one of these other areas of the law, truth will not be a defense.

Here is a link to Rhode Island's privacy laws:
http://webserver.rilin.state.ri.us/Statutes/TITLE9/9-1/9-1-28.1.HTM
And a link to recording laws:
https://law.justia.com/codes/rhode-island/2018/title-11/chapter-11-35/section-11-35-21/https://law.justia.com/codes/rhode-island/2018/title-12/chapter-12-5.1/section-12-5.1-13/?current=1
You said you had an attorney review your website content? Is the content created by you with only comments on what you wrote made by others, or are others contributing stories?

 

[adjusterjack]

Could I tell my story, name all parties and make the video viral without the worry of being sued by them?

Sure, you have to worry. You could be sued in a heartbeat. You might have defenses that eventually absolve you from wrongdoing but you'll spend tens of thousands of dollars on an attorney before you get out from under it.

Are you prepared to spend tens of thousands of dollars on an attorney when (not if) you get sued?

 

[quincy]

Sure, you have to worry. You could be sued in a heartbeat. You might have defenses that eventually absolve you from wrongdoing but you'll spend tens of thousands of dollars on an attorney before you get out from under it.

Are you prepared to spend tens of thousands of dollars on an attorney when (not if) you get sued?

I wonder what sort of attorney would tell Natsway that a website of the type contemplated here would be okay if everything s/he published was true.

 

[Natsway]

I wonder what sort of attorney would tell Natsway that a website of the type contemplated here would be okay if everything s/he published was true.

Thanks for your feedback, I consulted an attorney before creating the website and was told I am within my rights to do so and that as long as I can validate my claims (and I have thru audio and professional feedback) I am within my rights to do so.
It's pathetic what I've uncovered in the dental industry after being taken for $74,000 and I'm far from the only one who's been taken this way. Not to worry though, a news station is willing to do my story. I would think once that happens, it would be hard to counter sue me as I will be supplying the same evidence.

 

[Natsway]

Sure, you have to worry. You could be sued in a heartbeat. You might have defenses that eventually absolve you from wrongdoing but you'll spend tens of thousands of dollars on an attorney before you get out from under it.

Are you prepared to spend tens of thousands of dollars on an attorney when (not if) you get sued?

I have nothing now thanks to this harm. I am literally dying a slow death from the toxins used. How can you be sued for telling the truth? How can we all slam the POTUS and yet nothing happens but, stand up for rights against harm and we need worry? Because professionals have the money to fight it that makes the victim a liar?

 

[quincy]

Thanks for your feedback, I consulted an attorney before creating the website and was told I am within my rights to do so and that as long as I can validate my claims (and I have thru audio and professional feedback) I am within my rights to do so.
It's pathetic what I've uncovered in the dental industry after being taken for $74,000 and I'm far from the only one who's been taken this way. Not to worry though, a news station is willing to do my story. I would think once that happens, it would be hard to counter sue me as I will be supplying the same evidence.

If it is a reputable news organization, the legal department will screen all content and necessary edits will be done to protect from lawsuits.

You appear to have advisors offline assisting you with the legalities. I am not sure why you are seeking advice on a forum.

 

[Natsway]

Here is a link to a Rhode Island Supreme Court case (Marcil v. Kells, 936 A.2d 208, 212, R.I. 2007) which defines defamation law in your state and details the elements required to support a claim. You can start by reading the Analysis.

https://www.courtlistener.com/opinion/1946427/Marcil-v-Kells/
Although defamation can be the biggest worry when writing about real people or entities, there are other areas of legal concern (e.g., invasion of privacy/publication of private facts, audio recording laws). If sued in one of these other areas of the law, truth will not be a defense.

Here is a link to Rhode Island's privacy laws:
http://webserver.rilin.state.ri.us/Statutes/TITLE9/9-1/9-1-28.1.HTM
And a link to recording laws:
https://law.justia.com/codes/rhode-island/2018/title-11/chapter-11-35/section-11-35-21/https://law.justia.com/codes/rhode-island/2018/title-12/chapter-12-5.1/section-12-5.1-13/?current=1
You said you had an attorney review your website content? Is the content created by you with only comments on what you wrote made by others, or are others contributing stories?

Thank you for your feedback, very much appreciated. With regards to recording, I reside in a 1-party state so I broke no laws in retaining info. Remember, I was instructed by an attorney in my state to do so. It is used solely for my story and only contains relevant info. I do not in any way, judge their character but rather their professionalism in not acknowledging an obvious problem. I did not publish anything that is offensive or misused in explaining my story. Like the audio, I have where the professional referenced dental professionals to stay away from. I would think that's a MAJOR infraction on his part however it does not pertain to the harm and fraud I suffered therefore, it was not used.
I'm not sure as to the reference of invasion of privacy when the recordings were done in their offices. And a few times, in front of a witness. I have witness statements to corroborate my story. However, you were kind enough to provide worthwhile info and I will research your suggestions.
I will be doing an interview with a news station soon, if I mention their names, could that initiate a problem causing me to be sued?

 

[quincy]

Thank you for your feedback, very much appreciated. With regards to recording, I reside in a 1-party state so I broke no laws in retaining info. Remember, I was instructed by an attorney in my state to do so. It is used solely for my story and only contains relevant info. I do not in any way, judge their character but rather their professionalism in not acknowledging an obvious problem. I did not publish anything that is offensive or misused in explaining my story. Like the audio, I have where the professional referenced dental professionals to stay away from. I would think that's a MAJOR infraction on his part however it does not pertain to the harm and fraud I suffered therefore, it was not used.
I'm not sure as to the reference of invasion of privacy when the recordings were done in their offices. And a few times, in front of a witness. I have witness statements to corroborate my story. However, you were kind enough to provide worthwhile info and I will research your suggestions.
I will be doing an interview with a news station soon, if I mention their names, could that initiate a problem causing me to be sued?

Who will you be speaking with at the news station?

You can ask that your identity remain confidential. Whether the news station will promise you this is a question mark. But, yes, if you are revealed as the source of the story, you can be sued.

 

[cbg]

There are two different questions at work here.

Can you be sued? Yes, absolutely, without any possible question you CAN be sued. Anyone with a filing fee can sue.

Can you be sued SUCCESSFULLY? That's not the same question.

 

[Natsway]

If it is a reputable news organization, the legal department will screen all content and necessary edits will be done to protect from lawsuits.

You appear to have advisors offline assisting you with the legalities. I am not sure why you are seeking advice on a forum.

I have no advisors offline, its old info I'm referring to and wanted to get an 'update' is all as I am now, ready to move forward. I TRULY appreciate ALL the feedback as I am pioneering this movement to awareness in an effort to prevent others from being taken.
So, with that being said, the video will be part personal story (to help clarify to those who don't quite understand it) educational and partly awareness as I will be referencing articles/websites.
This is by no means a 'smear' campaign, it's one of awareness. My motto: Learn From My Mistake, Don't Become One! My story, my disaster was completely preventable but because I trusted and didn't question, I'm left holding the bag. How is a 'lay' person supposed to know a problem exists if the professional hides it by not giving full, informed consent? A very, prominent problem both in dentistry and healthcare. If you haven't seen The Bleeding Edge on Netflix? I HIGHLY recommend it. One of the women in that documentary commented on how well my website was put together. And I may be wrong here but, I believe once you have public feedback or a discussion on the actual website itself, your website is now considered a public forum. Remember, my story is only a small part of that website and is only a reference due to the metal toxicity.
Now that the FDA has released the 2.1 MILLION hidden complaints on implants, it won't be long before you'll be hearing more about stories like mine.

 

[quincy]

Content and context will matter but what you are describing sounds to be a lawsuit magnet.

If you are turning over your story to a reputable news organization, they will investigate your claims before broadcasting any information.

I recommend you do not "name names" until you have an experienced attorney personally review the facts you have gathered.

Good luck.