Legal Question in Medical Malpractice in Missouri

Filed anonymous complaint, being sued

Recently I filed anonymous complaint against a man in my state who I believed to be practicing medicine without a license.

The organization which handles such matters in my state is the Missouri board of the healing arts. They did their own investigation & found that the person was guilty of what I claimed & sent him a cease & desist letter.

This was all unknown to me, until I was confronted by the person in question. Apparently, the organization (Board of Healing arts) gave a copy of the e-mail I had sent to that person. With my e-mail address clearly listed at the top and a word-by-word of the complaint, he somehow discovered that it was I who sent the complaint.

This person is now threatening to sue me for Libel based on what is in the e-mail. The statements in the e-mail could be considered slanderous, perhaps even a few untrue, but they were true as I believed them (and most seem to have been verified since the board found him guilty).

My question is whether or not this could possibly be taken to court. I doubt I would lose the case, but the hassle & expense of hiring a lawyer would be a great strain on me currently. Would this case be thrown out before it even came to a court summons?

Thank you.


Asked on 11/10/06, 5:17 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Filed anonymous complaint, being sued

Slander and Libel are two of the most difficult types of cases to win. In addition to the traditional defenses, another defense that often exists is privilege. You have the absolute right under the First Amendment to petition your government for redress of grievances. Since your complaint was sent to the BOHA instead of to the newspaper and since you were attempting to prevent unlawful conduct with the report, I would think you would have a meritorious defense. However, even if that's the case, you could still be sued. If you are, you may have coverage under your homeowners or renters insurance, assuming that you have this kind of coverage. If you don't, you'll need to hire a lawyer to file a motion to dismiss, which should be granted.

Good luck.

Read more
Answered on 11/13/06, 9:26 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Missouri