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What can I Post In My Own Blog Without Being Sued by a Doctor or Hospitial ? Help

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NY STATE
:confused:Sorry, I'm sure if I put this in the right category. It could've gone into several.
Anyways, I plan on creating a blog on a website I will purchase because I really need to vent about the malpractice, major neglect, and abuse I have received from a few docs/places since 2005, I plan on taking basic precautions like anonmizing the site and changing my name, but I also want to warn other about these Docs/places too without them getting a subpoena & suing me. I don't have any money for a lawyer because I'm in severe debt & live on $800 (receiving mostly SSI & some SSD through my father because I've been disabled since I was a teenager) a month.That doesn't go far in NYC. I can't even get the records from last hospital stay of 5 weeks cause it costs $700 because it is about 1,000 pages of notes. I mean they wouldn't be able to collect anything from me for years at the very least because I won't be able to work for quite some time now, I have NO assets what so ever, and my bank account is zeroed out every month after bills and I live off credit cards. But they could ruin my credit rating which is the only good thing I have.

SOME NO NAME VENTING---YOU CAN SKIP THIS IF YOU WANT
For instance, I'm currently unable to walk now since March. I was sent to a physical rehab in April to relearn to walk and the hospital reassured me that it was the highest rated place in all New York City. And it was rated five stars in all areas such as cleanliness, but it was rated ABSOLUTELY NO STARS in one area--Doctor and Nursing availability and care.If I only knew the truth! So, basically I was sent to a brand new sparkly clean hell hole where no would come to take care of me. Sometimes I got my meds over 2 hours late and was left suffering in pain and with dangerously high blood pressure. My mother was constantly fighting for them to give me any care. I'm in my 30's but suffer from severe social anxiety, plus I was too sick to fight for myself. For instance, the Doctor refused to take my stitches even after the head nurse couldn't get all of them out because they waited two weeks too long to take them out. So she literally had to dig them out. There was a lot of blood and fresh cuts on top of the wound, which only extended the healing time. The last person, who was completely unqualified, took 45 minutes to get one stitch out. AND just last week, I noticed something strange about this major wound. There was a blueish black scab that wouldn't heal at all after weeks of moisturizing twice a day. It was small and I decided to pick at it a little cause I had a bad feeling about it. Well, As soon as I did that STRING started to come lose. I ended up pulling out a 2 inch stitch and I fear I didn't get it all because it didn't have a knot at one end like the other stitches did and the other stitches were much longer than 2 inches. It hurt like hell taking it out with tweezers myself, but I didn't know what else to do because it happened around 9PM, and I'm scared to death of infection, plus the surgery occurred on March 16th and it's June already so I felt I had no choice.

;) Back to business. How truthful can I be without getting in trouble?
So, anyone, give me some opinions and I would love any advice from someone in the law field.

Thanks so much
 
Last edited:


Zigner

Senior Member, Non-Attorney
NY STATE
:confused:Sorry, I'm sure if I put this in the right category. It could've gone into several.
Anyways, I plan on creating a blog on a website I will purchase because I really need to vent about the malpractice...
The first thing you want to "vent" about can land you in trouble, legally speaking.

I would suggest that you not waste your scarce resources on purchasing a web domain. If you want to vent, speak to a therapist.
 
The first thing you want to "vent" about can land you in trouble, legally speaking.

I would suggest that you not waste your scarce resources on purchasing a web domain. If you want to vent, speak to a therapist.
Blogging is exactly what my therapist suggested to do! LOL My insurance doesn't give me too much therapy time.

I didn't even use any names and small excerpt was illegal?
 
As you indicated you are judgment proof so you can do anything you want that won't get you arrested (no threats of violence or inciting others to violence). I wouldn't worry about your credit, what do you need credit for? And if credit were extended to you how would you pay it back?
 
As you indicated you are judgment proof so you can do anything you want that won't get you arrested (no threats of violence or inciting others to violence). I wouldn't worry about your credit, what do you need credit for? And if credit were extended to you how would you pay it back?
I guess that's true I'm kind of judgment proof and I'm not stupid enough to put a fleeting threat online. I guess having nothing is good for something this one time.:)

But what if I got a job in 5 years? Would a judgment still be hanging over me. I mean what is the statute of limitations on liability suits?
 

Zigner

Senior Member, Non-Attorney
Ignore the prior poster - he has a habit of giving our members advice that runs contrary to the law.
 
But what if I got a job in 5 years? Would a judgment still be hanging over me. I mean what is the statute of limitations on liability suits?
If they obtained a judgment against you, yes it would still be "hanging over you." A New York State judgment is valid for 20 years. If you were to start earning wages they could garnish 25% of your check, assuming they determined where you were working and went to the trouble.

To avoid this everything you write about them must be true. If you're going to commit libel or slander and think they will actually sue you for it (considering you have no assets I don't know what their point would be - unless they just like flushing money down the toilet) you'd better be prepared to give up future wages and/or assets if they win.
 
Qustions and Clarifications

Question: the statute of limitations has probably run out of the oldest problems occurring in 2005, but the statute of limitations regarding slander about events that occurred in 2005 never runs out? And what is exactly the statute of limitations for malpractice or slander in NY state? Also, I primarily anonamizing my name & address so that the average PC user can't get my info just with a couple of clicks. I know there are many ways around it, but it's like just be unlisted in the telephone book which makes me feel better. At this point, my ideal choice is changing names or use initials or something about Doctors and places. How can they prove I was talking about them? Can I still be sued? Also, if I did ever get sued I would definitely get a lawyer some how. Lastly, I can't prove a lot of things that occurred because it is hearsay, which totally sucks because they can change my records to suit themselves at any time. Things aren't looking good for me to be able to help others, which I REALLY wanted to do. BUT if I'm going to be selfish and not warn others, I could always write it as complete fiction with imaginary places, names, situations, and a disclaimer that it is fiction is that correct? Thanks Again
 
The SOL would run from the last date that you promulgated libelous material about them. So if you put up a website, it would always be Day 1 of the SOL until it was taken down (which it probably never could be thanks to services like archive.org that keep web history forever). It has nothing to do with when the medical services occurred.

Have you discussed with your therapist your fears that what you intend to blog about might cause you to be sued? Does she know you intend to do it publicly or did she tell you to keep a private blog (journal) on your computer to help you sort out your feelings of anger and betrayal?
 
My therapst knows

My therapist knows I wanted to do it publicly because I also wanted to prevent others from going through what I did, but she apparently knows nothing about the Law, like me LOL.

What about using aliases and imaginary places? How could they prove I was talking about them?:confused:

And my last choice, what if I write it as complete fiction? Different names, places and a lot of fictional stuff? I wouldn't be able to help others, but it might help me.:confused:

In a perfect world I would be able to to sue and win, not for the money just to punish the guilty.:mad:
 

las365

Senior Member
Good grief. Just write whatever you want to write and don't publish it. It's called a journal, or diary, or memoir. You may want to actually write it, longhand, on paper, for the best cathartic effect.

Putting it online would not save anyone. The very thought of doing that is causing you counterproductive anxiety. It makes no sense to say you will do it anonymously and change all the names and yet think it will provide specific warnings about doctors or medical facilities.

Why would a therapist tell a patient to blog? That's idiotic coming from a treatment provider. Why do people have the idea that just because you can put your every innermost thought and private issue on the worldwideweb for everyone under the sun to get to, you should? Gah.
 
Sigh

Why would a therapist tell a patient to blog? That's idiotic coming from a treatment provider. Why do people have the idea that just because you can put your every innermost thought and private issue on the worldwideweb everyone under the sun to get to, you should? Gah.
I have no money and crappy insurance and you really expect me to have a qualified therapist??? LOL I wish, but it's better than nothing.
FYI- You are currently putting your thoughts and opinions on the internet for everyone to see, so why do you have a problem with me doing essentially the same thing?

If you can't help, why bother reading or posting. I don't want a journal or diary. If I did, why would I bother posting. I'm paralized because of these #$%^@* and I need to kill a lot of time because I'm always alone, and unable to go out unless someone comes to take me to a different doctor. I thought learning how to create a website and blogging some of my anger out might be productive. I need something to do before I go insane.
 
If your "fictional" story has enough elements to identify the true parties you are writing about and as a result of your publishing this you cause damage to a person's reputation by saying things that aren't true you could be liable.

What makes you think anybody is ever going to visit your site and read your musings anyway? Or that the parties involved would ever know about it? The WWW is a big place... do you plan to write about it, tell them about it and rub their noses in it?
 

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