Is this legal or could I be sued?...

[diamond123]

What is the name of your state? MO

I had horrible treatment at a clinic and a hospital. They are several clinics and hospitals around the USA that treat Migraines.

I would like to open a forum where people could post their GOOD and their BAD experiences with the clinics and hospitals. I want to help people get feedback from others to know the best places for them to go.

By naming the names of clinics, hospitals, dr's, etc. could I get sued? Even thought it is people's own experience? I would think this would fall under Freedom of Speech and would help people , but I do not want to get sued in the process.

Thanks for any help on this.

 

[The Occultist]

As the owner of the forum, you are ultimately responsible for any potential slander that may occur. If any members wish to post any negative experiences, they better be ready to go to court with proof of the negative experience in order to ensure an absolute defense against a slander case. Also, you will need to consider the option of cooperating with any clinics to remove any posts they want you to remove: even if it's the truth, it could be a costly battle to protect yourself in court.

 

[quincy]

Minor point: It would be libel not slander if written comments made were defamatory. Slander is spoken.

There are sites already similar to the one you are proposing - one that comes to mind, and one that you might want to check out, rates doctors at various hospitals. People post their experiences with a particular doctor, and the doctor is given "stars" depending on their rating. I am not aware of any lawsuits brought against this site, although I wouldn't be surprised if there has been.

Opinion is protected free speech, so if people were to post only their experiences and nothing more on your proposed site, then they should be, and you should be, okay. The problem with "opinion", however, is that people often get carried away and add more - they embellish or they generalize, and that can make a comment libelous.

For example, I could say that I had a horrible experience with Dr. X - he did not take time to explain a procedure to me, the procedure that I had led to complications, I was hospitalized for far longer than I had anticipated, etc. And that is fine to say. If, though, I were to say that Dr. X treats all his patients poorly, never explains anything to anyone, butchers his patients during procedures, and so on, that is libelous. I do not know that he treats all patients that way. My experience with the doctor may be totally different than anyone else's experience with this doctor. I can only base my "opinion" on what I personally know and experienced. As soon as opinion starts implying false facts, that is libel, and libel leads to large and expensive lawsuits.

That said, even if comments made were strictly opinion, that does not prevent a lawsuit - it may just prevent a lawsuit from being successful. It does not eliminate the risk entirely.

 

[diamond123]

Thanks for such fast reply's and explaining everything to me. I thought this would help people from being blindsided like I was, but I think it would be more than I could take on. I don't know about this 5 star site. I would like to find it though if you could give me a hint. If not, I understand.

 

[diamond123]

Here is another thougth-

I have my own website - Can I post MY own experience at this clinic & hospital without being sued?

Also, I would like to start an on-line petition to send to the Attorney General for them to really check this place out? How do I do this without being sued?

Can I send & start a on-line petition against the hospital & clinic and still file a medical malpractice suit at the same time?

I am sorry to ask so many questions, but I am 43 and I have never sued anyone in my life. So, I am completely in the dark on what to do.

 

[quincy]

First, if you Google "rate md" you should be able to find the doctor rating site. It is worth a look. They have a Frequently Asked Questions section that specifically addresses lawsuits - and the FAQ section also addresses free speech issues. You can see how the administrators of the site have the site set up, and how they deal with questionable, potentially libelous posts. By the way, instead of "stars" they use a number system (1-5) - it had been a while since I saw the site, so I checked it out today - and, again, it is possible that the website or the posters have been sued in the past (I don't know if they have or not), so if you decide to start your own website (which I agree is a lot to take on), you would want to run your ideas by an attorney first, to make sure you avoid major legal difficulties.

Second, there is no way to prevent a lawsuit, should someone decide to sue. Anyone can sue at any time for any reason, whether the reason is a good one or not. There is only a way to minimize the risks of a lawsuit, and to maximize the odds of winning a suit should one be brought. If you stick strictly with your experiences, and go no further than that, there is very little chance that you could be sued successfully.

An on-line petition has some inherent problems, because your Missouri Attorney General will not be interested in seeing a list of names of people from around the country who are upset with the clinic/hospital based only on your experience with the clinic/hospital - and verifying who is a Missouri resident who actually had a bad experience like you did with this same hospital would be difficult.

Writing to your Attorney General yourself, however, is a good idea, and one that will avoid any lawsuit, again if you stick strictly with your own experience with the hospital. A letter to your AG does not prevent you from bringing a malpractice action against the doctor(s) who treated you.

You definitely should sit down with a malpractice attorney to review all of the facts of your situation prior to bringing any suit against the hospital or doctors. Lawsuits are extremely expensive and they take a lot of time to work their way through the court system, and there is never a guarantee you will win any suit. Reviewing the facts with an attorney can give you a better idea of whether pursuing a malpractice action is worthwhile.

 

[diamond123]

Quincy your the best! Thank you SO MUCH for your help, patience, and kindness. You have answered alot of questions for me.

 

[quincy]

You're welcome. Good luck!