Legal Question in Medical Malpractice in California
case was settled in October 2008. Medical malpractice case against a doctor. Parties settled case for $45,000 at Mandatory Settlement Conference. There was NOT a settlement agreement that was signed but it was place on record. Settlement included doctor to pay plaintiff within 30 days of MSC and plaintiff was not allowed to post any negative information about doctor.
A negative posting was posted on yelp.com in April 2008 (six months prior to MSC). At the MSC, there was no mention of any "prior" postings and plaintiff understood that no future postings could be made about the doctor or settlement.
Doctor's attorney is threatening to sue plaintiff because of the posting on Yelp (which was posted 6 months prior to the MSC) as slanderous as stating that the plaintiff is in breach of the MSC settlement agreement.
Is plaintiff in breach?
2 Answers from Attorneys
The attorney who handled the case for you should be handling this also as it is part of the underlying case. You should have told the Dr. about the earlier posting but since it had been posted before the settlement [I assume you did nothing after that to keep on posting up--if you let it stay on that web site then you were in effect making a future posting and certainly were in violation of the purpose and spirit of the agreement] you would not be liable for pre-settlement activity. Such agreements normally state what penalty there is for a breach of the "no tell" provision, which means that the agreement remains in effect as such action is included in the agreement. If his attorney is threaten to sue you outside the terms of the agreement, then he is in breach and you can publish anything you want.
If you slander professionals on the internet, you won't get any sympathy from me. If the doctor didn't know about the posting as of the MSC, he is within his rights to withdraw the settlement offer and to sue for slander.