Legal Question in Entertainment Law in Texas

I want to write a book about my family experiences with physicians while in the hospitals. Can the physcians real names and hospitals be used. If for certain situations would it be from our prospective of how we felt we were treated. In other words- If physcians talk from their professional medical opinions, can we talk from our opinions freely since we are on the receiving in, without being sued.


Asked on 8/29/09, 10:37 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Well, you could be sued if the doctor or hospital got angry over it and want to sue, even if they thought they could not win the suit. Anyone can sue anyone at any time. Whether they can win is another matter.

So, to be prudent and safe, you should use generalizations rather than specific names. Use "a large cancer institute in Houston" rather than "MD Anderson" if that were the hospital. Use "a "prominent heart surgeon" rather than "Denton Cooley" or "Michael DeBakey" if that were the physician. You get the idea. Why ask for trouble by naming names, unless you are really just out for revenge? If for revenge and naming names you better have all your facts proven concretely and indisputably or you are cruisin' for a brusin'.

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Answered on 9/05/09, 12:35 am


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