HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

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Wednesday, January 26, 2005

Slandering Your Doctor

In a novel case testing First Amendment rights,two dental practicioners have filed suit in a Florida trial court to stop a disgruntled former patient from criticizing their care on her web site, dentalfraudinflorida.com.

On the site, Ms. Prentice complains in detail about what in her opinion was the terrible care she received from Dr. Leonard Tolley and Dr. Richard Kaplan and describes her ordeal as a personal tragedy.  In response, the dentists argue the site is slanderous, a "public nuisance" and violates state law requiring that state disciplinary complaints be kept confidential if they are dismissed.  Prentice and her lawyer claim that her opinions are protected by the First Amendment. 

Disgruntled patients, however, are not the only ones using the internet to disseminate information.   Various medical groups and doctors have created sites posting the names of patients who are viewed as litigation risks.  For further information, please click here.  [bm]

http://lawprofessors.typepad.com/healthlawprof_blog/2005/01/slandering_your.html

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