I've been libeled on a physician rating site. I'm talking outrageous comments...not just I hate Dr. So and so. I have proof that at least one potential patient called to cancel his appointment (and I have his comments, name and contact info) because of content of the statement on this site which can be proved false. The statement includes a personal attack on my appearance and on my clinical skill in areas not related to the patients office visit and about which the patient can have no accurate knowledge both of which have caused me significant emotional distress .
I think I can prove malice especially since they posted more than once on the same site under different pseudonames. I can identify the author of the libel and they have assets.
My professional reputation is very important to me and to my livelihood. I feel that I must do something to fight back especially as unfounded and abusive attacks against physicians on websites and the internet are a trend likely to continue. Frequently the blogger knows his statements to be untrue but either doesn't know or care that he can be held liable for his statements on -line. I've also found that satisfied patients don't as a rule rate physicians on these sites. It is too much of a burden to the physician to encourage patients to write positive ratings as some have suggested (and too weird). I'd like to pursue the person responsible (and anyone else who does the same thing ) but can't spend tens of thousands of dollars each time this happens. An internet attorney suggested on his blog that a suit could be filed in Small Claims Court but I'm not certain what damages to ask for or whether I can sue for character defamation , invasion of privacy, or emotional distress in that venue. My practice spent $100,000 in marketing last year. It's a new practice and doesn't have a large patient base yet so this kind of attack could really damage us. I have no way of knowing how many other potential patients were "scared away " by these statements . I'd appreciate some helpful legal suggestions. I'm not open to turning the other cheek. I'm fresh out of cheeks.
Some attorney's practices are based on volume. I know that other physicians are just as upset by this abuse as I am. If the physician could do the ground work and identify the person libeling them (might be easier now that Google had to cough up the ID of the blogger who called the New York model a skank) and the potential defendant had assets might this not be a new niche for some enterprising legal types. Most bloggers I imagine would rather settle than pay to defend themselves and risk a much larger judgement....no?
