Question:
negative comments
I have now noticed why there are no negative comments about certain Dr.'s on here. If you go to put a negative comment on your profile, there is a disclaimer that would scare most people from doing so saying the you are possibly asking for a lawsuit. I am sure that most people don't have negative comments about their surgeons but for those of us who do, this would scare the pants off of anyone from saying most anything. — Barbara H. (posted on March 28, 2001)
March 28, 2001
"Libel - a written...defamatory statement...that conveys an unjustly
unfavorable impression; a statement...published without just cause and
tending to expose another to public contempt". That's the dictionary
definition. I'm sure the legal definition is a lot more convoluted. So,
what it means is this. Can what is claimed be proven in a court of law?
If it can't, then a statement phrased like the following: In my opinion,
the author of this post may not have the legal qualifications to respond to
this question". You get to express your OPINION, the other party is
not directly attacked and the readers are allowed to come to their own
opinions. If a claim made can be SUBSTANTIATED with written documentation
then it would be wise to cite the author of that document when making the
claim. Additionally, if all the readers of this website were to contribute
just $1.00 each to AMOS perhaps when a lawsuit is threatened there would be
enough money to provide a defense fund AND improve the site. Think about
it. PS: I am a monthly financial contributor to this site because it
provides so much information and is so very worthwhile.
— [Anonymous]
March 28, 2001
I posted some negative comments on my profile about the HOSPITAL I was in.
My doctor was WONDERFUL!! I felt that it was my responsibility to post the
negative comment because I wanted to be sure no one else endured what I
did. It is my understanding that it is not illegal to post facts. It
might be a stretch if you posted alot of emotional SCREAMING negative
comments. But, to just state facts that are intended to simply inform
others and help them to make informed decisions about hospitals and
surgeons is legal according to everything I've heard about this issue. I
think it's important to make negative experiences available to the public
to force health care providers to give high quality, adequate care. I hope
no one sues me but.........what happened to me shouldn't happen to anyone
else and I'm going to do whatever it takes to make sure it doesn't. I
think "freedom of speech" got swallowed up in our legal system.
Best wishes to all!!
— ronascott
March 30, 2001
In some geographic areas, there are both public hospitals and big-budgetted
private medical centers that do WLS. Misguided patients/staff at them have
posted slanderous, unverifiable information ("I heard about from a
friend who heard about from a friend who was told by a nurse, etc.")
about their competition's mortality rate, surgeon's competency, malpractice
suits, etc. here on AMOS. If a person HAS filed a malpractice lawsuit, they
can make all the absurd one-sided allegations about their doctor they want
on AMOS, but you can't call the doctor to ask about it anyway. He/she/their
staff legally can't answer because someone else's medical records are
privileged information, and it's in litigation.
— blank first name B.
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