Part of the dynamic I believe as an attorney who specializes in online and internet defamation of character, as well as doctor defamation is that in many instances it’s a blame the messenger situation. Where the physician is generating bills which are sometimes very onerous on patients who can’t pay them. That doctors are the ones who are providing their patients with bad news sometimes about their health condition. That not every patient can be cured, and therefore the blame the doctor phenomena will spit out this anger that is sometimes expressed on the internet. So doctors are sometimes subject to unfair and unwarranted commentary by their patients; and in some instances by other doctors who are posing as patients. Sometimes that commentary will involve false statements of fact about the doctor, which can meet the test of defamation of character under state law.
Posts Tagged ‘defamation’
Doctors have a special relationship with their patients, and patients often have extremely high expectations of doctors. Complicating things is the fact that you’ve got health insurance which may or may not cover certain procedures, you’ve got all these different influences on medical care, and pathways of health and clinical diagnosis. And so, there’s this tremendous opportunity for that often amazing doctor-, physician-patient relationship to go astray.
Our clients often ask “Should I Sue For Defamation of Character” when they discover a post, comment, blog or other publication on the Internet which falsely harms their reputation. Defamation if character on the Internet can cause serious damage and emotions often run high when you are falsely accused or attacked. But the question of “Should I Sue for Defamation” is one you need to consider carefully with your attorney. A defamation lawsuit is expensive and there are sometimes strategies which can remove the defamatory statement posted o the Internet without resorting to a lawsuit. Contact one of our defamation law attorneys for more information about your options and how we can help. The first step is to get educated about your legal rights and options. Then you can decide how to proceed.
Internet defamation is as easy to inflict as hitting the ‘submit’ key. I am an internet law attorney who sees on-line defamation of character every day. The consequences to the person defamed can be devastating on the one end or a nuisance on the other. There is no -on-line media as easy, fast and thoughtless to post to as Twitter.com, making defamation on Twitter a big problem for lawyers and clients alike. Recall Courtney Love recently had to pay $430,000 in libel damages for Twitter defamation settlement with a fashion designer who claimed Courtney defamed her on twitter.com for the tweets “asswipe nasty lying hosebag thief” and a “coke whore.”
No comes the latest claim of defamation on twitter. NBA referee Bill Spooner just filed a federal defamation and libel lawsuit (click link to see the Federal Court Complaint) against Minneapolis-based sportswriter Jon Krawczynski and the Associated Press alleging he was defamed on Twitter during a a game between the Minnesota Timberwolves and the Houston Rockets. The alleged defamatory tweet by Krawczynski states: “Ref Bill Spooner told Rambis he’d “get it back” after a bad call. Then he made an even worse call on Rockets. That’s NBA officiating folks.” Spooner says that the statement quoted in the tweet was a request made by the coach to ‘get it [the foul call] back,’ not promise by Spooner to do so.
Internet Defamation of Character Primer: What is a defamatory statement?
An anonymous comment was posted about your company on a review web site stating that your company cheated them out of money, that the people at your company are crooks and that customers should avoid doing business with your company at all cost. The web site where the statement was posted is coming back as the third Google search result just below your web site and domain name. Your first impulse is that the statement is defamation. Your second is to contact an attorney to send a threat letter to the web site owner demanding that comment removed.
The First Question: In order for a statement to be defamatory under law, the statement posted on the internet must be a false statement of fact, rather than a statement of opinion. Clients are often confused about what is a fact versus an opinion. Surprisingly, so are courts, judges and many lawyers who do not practice defamation law. The reality is that defamation can law can be hard to decipher on this critical issue of “what is a false statement of fact” as the first element of proving defamation on the internet. Continue reading Defamation is Defined as a False Statement of Fact. »
After originally being dismissed by the lower court, a state Court of Appeal has recently reinstated a California Attorney’s suit against screenwriter Justin Swingle.
Attorney Richard Gibson’s suit alleges that Swingle’s comments accused the attorney of breaking the law, violating attorney ethics rules, being mentally ill, and bigotry.
Originally Swingle’s comments on the attorney’s Craigslist add were posted anonymously. However, Gibson was granted a subpoena which required Craigslist to identify the author of the posts and from there was able to name Swingle as defendant in his complaint.
The Los Angeles Daily Times reports that the Court of Appeals held that Swingle’s posts on Gibson’s Craigslist add “were not part of political speech nor speech on a matter of public interest.”
If you are faced with a potential defamation suit or if you are trying to get content that may classify as defamation removed from an online source, you should contact an internet attorney today.
For related information on internet defamation in the media;
When it comes to Internet defamation, anonymous bloggers cannot hide their identities from courts forever. A Cook County, Illinois judge has ordered that the identity of an anonymous blogger must be revealed. The anonymous poster allegedly defamed the 15-year old son of the Buffalo Grove Village Trustee on the message board of a local newspaper. The Circuit Court judge entered a protective order that bars the disclosure of the anonymous blogger’s identity to anyone outside of the Sheriff, the plaintiff, and the plaintiff’s attorneys.
Internet defamation can be a serious problem. Libelous, slanderous, or defamatory statements that are posted on the Internet can last forever. That is why it is important to work with an Internet defamation attorney to protect your rights. If have been the victim of defamation, contact one of our expert Internet defamation attorneys today toll free at 866.936.7447.