Legal Question in Civil Litigation in California

My wife (31 yrs old) was molested by her Otolaryngologist when she was 13 years old. I contacted the local police in the California city she grew up, but they told me the statue of limitations ran up a long time ago, and there was nothing they could do.

My question is, if I was to start a blog discussing my wife's trauma and named the Dr., (so that other children will not fall victim) would I have a legal defense if he came after me for defamation?


Asked on 10/11/10, 8:10 pm

3 Answers from Attorneys

Herb Fox Law Office of Herb Fox

Truth is always a defense to defamation, but truth can also bankrupt you. You should carefully weigh the benefits of the website against the cost of defending yourself should the perpetrator sue you. Defending yourself could cost tens or hundreds of thousands of dollars, although it is possible that you might have insurance coverage if you were sued. Further, if you were sued for defamation, you would have the right to attempt to short-circuit the lawsuit with a Motion to Dismiss pursuant to the anti-SLAPP statute, and if you won that you might also get a partial award of attorneys fees from the doctor.

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Answered on 10/17/10, 9:05 am

Mr. Fox gave you a very good answer. I respond only to comment that I know of no insurance policy that covers defamation. It being an intentional tort, it is not even legal to cover it in many states.

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Answered on 10/17/10, 3:36 pm
Terry A. Nelson Nelson & Lawless

Truth is a defense, but that means you'd get to raise your proof it in the lawsuit filed against you. If you're willing to pay to defend such suit, and risk a judgment against you, then you might take that risk. What you publish would have to be squeaky clean facts that you can absolutely prove in court.

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Answered on 10/18/10, 11:11 am


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