Q: I posted an accurate account of my visit with an orthopedist in TN in a review, and the dr. is now threatening to sue me
Two months ago I saw this doctor for the first time. The doctor refused to look at my MRI and refused to consider the possibility of a torn deltoid. He ridiculed me for suggesting this was a possibility and had his nurse help him find a metaphor for how silly it was to expect him to look at my MRI. He misdiagnosed me with “bursitis or tendonitis” and performed an unnecessary cortisone injection. I posted my review that day. He continued to treat me since then. Two weeks ago he looked at the MRI results and determined I do have a torn deltoid. This week he decided to terminate care based on my review of the clinic. He now wants me to remove the 2 month old review that is still 100% accurate and is threatening to sue for defamation if I don’t. Does he have a case against me?
A:
If your review was accurate, he does not have a good case. The truth is a 100% defense to defamation due to the First Amendment right to free speech.
However, there is an important distinction here, even if he doesn't have a case, he can still sue you. At that point you will have to defend the suit, even if frivolous. One important point here is that Tennessee has a statute that allows a Defendant to recover up to $10,000 in attorney fees if the Defendant prevails on a Motion to Dismiss (gets the case thrown out right away). If you are confident that he does not have a case, you may stand your ground. Yet this could cause you more stress if he does in fact sue you. If you are sued, I recommend you consult with an attorney right away to determine if you have a victorious path to get the case dismissed. Good luck!
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