Legal Question in Civil Litigation in Virginia

I recently went for an IME for a workers comp case for my left thigh the doctor wrote in his report that " I seemed to be slightly below normal in intelligence" can I sue this doctor for slander or damages in any way?


Asked on 7/23/10, 9:47 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

No. The doctor's report is privileged and cannot form the basis of a lawsuit.

Even if it were not privileged, only statements of fact can be defamatory. Statements of opinion cannot. The doctor only said that you "seemed" to be less intelligent than normal, which sounds like an opinion to me. Depending upon the surrounding circumstances, thought, it could at least imply some facts.

Further, even if this really was a statement of fact you would have to prove that it was false. I have no idea whether you are (or seem) to be of below-average intelligence, but if what the doctor said was correct then you would have no claim.

You would also have to prove that the statement damaged your reputation. In other words, you would have to show that it made people think less of you than they otherwise would have. I don't know who saw the report, but if they already thought you were (or seemed) unintelligent then the report likely would not have affected the way they see you.

Even if the statement were not privileged and even if you could prove all of these things, there would still be the question of damages. How many people formed a lower opinion of you because of the statement, and how did this affect you? Any claim you theoretically might have had could be too small to justify a lawsuit.

I wish I could be more encouraging.

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Answered on 7/23/10, 6:33 pm


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