Legal Question in Civil Litigation in New York

Re: Defamation, anyone?

You may have a defamation case, but you should consult with an attorney who is experienced in this field before embarking on a lawsuit. These are very difficult cases to win for a couple of reasons. First off, the statements the physician is making must be asserted as "fact" not "opinion". It seems simple enough, but many cases are lost because the statements are merely opinion and were not asserted as false statements of fact. Opinion is protected speech under the First Amendment. If you can bypass this hurdle, then you may be able to get a temporary restraining order, and preliminary injunction to prevent him from making these false statements.

If the physician is defaming you in your profession, then it may qualify as slander or lible "per se", and you will not have to prove the "damages" element of a defamation case. This is important where, as here, your damages are largely immeasurable. The "per se" categories are such that damages are presumed to have been suffered. However, if you can prove quantifiable damages, that would be even better because you could be in for a very costly fight.

Remember also that truth is a complete defense. The statements made by the physician must be false to be actionable. If they are true, you don't have a case. This is not to say that I don't believe your story, but rather to signal to you that you will have to consider how the physician through witnesses or otherwise may present a case to a judge or jury that the statements were true or that the physician reasonably believed the statements to be true. Remember, you are the plaintiff and it's your burden of proof, so you have to show by a preponderance of the evidence that the physician knew, or had reason to know, the statements were false when made.

Re: Defamation, anyone?

I have a lot of experience with defemation cases. You may have a case but it would depend on the wording of the messages. In addition, damages are an issue as well. In most cases of defmation, you have to prove "special damages" ie. loss of salary of business, etc. However, there are certain statements that constitute "defemation per se" that do not require you to prove special damages because the pressums damages because the statements are so bad. One category is falsely accusing someone of a crime. If you wish to discuss the case, please contact me. Please be aware that there is a one year statute of limitations to sue and it runs from when the statement was made not when you found out about it.

Re: Defamation, anyone?

I order to be actionable the statements can not be "opinion" they must be verifiable statements, made with the intention that they be understood as statements of fact.

If you or the physicians would like to tell me what the statements actually are, and the context in which they were made, I would be pleased to arrange an appointment.