Comments on: A surgeon tries to shut down a patient blog attacking him http://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html Wed, 15 Feb 2012 00:27:00 +0000 hourly 1 By: Anonymoushttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71670 Anonymous Tue, 13 Feb 2007 15:59:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71670 In the "After" picture does she does look surprised. Maybe her face is stuck that way, or maybe she's just raising her eyebrows. There's really no way to know. In the “After” picture does she does look surprised. Maybe her face is stuck that way, or maybe she’s just raising her eyebrows. There’s really no way to know.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71653 Anonymous Tue, 13 Feb 2007 01:58:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71653 Not a lawyer but it is my understanding that if you are sued, or are publicly defamed by a patient you are not bound by privacy duties to that patient in defending yourself. That doesn't mean that it is the smart thing to do. Sometimes it is just better to let people make fools of themselves without your help rather than get into a pissing contest with a skunk.<br/><br/>Now this surgeon has called even more public attention to this one unhappy patient. Not a lawyer but it is my understanding that if you are sued, or are publicly defamed by a patient you are not bound by privacy duties to that patient in defending yourself. That doesn’t mean that it is the smart thing to do. Sometimes it is just better to let people make fools of themselves without your help rather than get into a pissing contest with a skunk.

Now this surgeon has called even more public attention to this one unhappy patient.

]]> By: theory of aginghttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71638 theory of aging Mon, 12 Feb 2007 21:21:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71638 Blogging should be the right to free speech. As one of the earlier anonymous bloggers said, the records are open to the public and cannot be called for defamation. If it is an open record that is out to the public, the person liable for that is the patient who should of known that it was open. If the records were private then I can see an issue but since they are public, this should not be an issue. Blogging should be the right to free speech. As one of the earlier anonymous bloggers said, the records are open to the public and cannot be called for defamation. If it is an open record that is out to the public, the person liable for that is the patient who should of known that it was open. If the records were private then I can see an issue but since they are public, this should not be an issue.

]]> By: theory of aginghttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71637 theory of aging Mon, 12 Feb 2007 21:20:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71637 Blogging should be the right to free speech. As one of the earlier anonymous bloggers said, the records are open to the public and cannot be called for defamation. If it is an open record that is out to the public, the person liable for that is the patient who should of known that it was open. If the records were private then I can see an issue but since they are public, this should not be an issue. Blogging should be the right to free speech. As one of the earlier anonymous bloggers said, the records are open to the public and cannot be called for defamation. If it is an open record that is out to the public, the person liable for that is the patient who should of known that it was open. If the records were private then I can see an issue but since they are public, this should not be an issue.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71630 Anonymous Mon, 12 Feb 2007 20:02:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71630 He said, she said.<br/><br/>Bah.<br/><br/>The patient obviously isn't handling this well, but I wouldn't assume the surgeon is lily-white either. I suspect the truth is probably somewhere in the middle. He said, she said.

Bah.

The patient obviously isn’t handling this well, but I wouldn’t assume the surgeon is lily-white either. I suspect the truth is probably somewhere in the middle.

]]> By: Rich, MDhttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71628 Rich, MD Mon, 12 Feb 2007 19:31:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71628 The suggestion by that site that the number of malpractice cases filed somehow reflects on the quality of the service he provides is disturbing. They are filings, not awards or judgements. The suggestion by that site that the number of malpractice cases filed somehow reflects on the quality of the service he provides is disturbing. They are filings, not awards or judgements.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71627 Anonymous Mon, 12 Feb 2007 19:05:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71627 The website is:<br/><br/>http://www.mysurgerynightmare.com/default.php<br/><br/>Interesting before and after pictures.<br/><br/>I do feel sorry for her. The website is:

http://www.mysurgerynightmare.com/default.php

Interesting before and after pictures.

I do feel sorry for her.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71625 Anonymous Mon, 12 Feb 2007 18:08:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71625 Any lawyers here to comment on HIPAA in this setting. The patient has filed a lawsuit of malpractice, which puts her entire medical record and deposition out there as public records. <br/>Is the doc free to comment on the records the patient has placed in the public record of the courts? Basically anyone can go to the courthouse and obtain these records and post any comments they wish on line without risk of HIPAA. Any lawyers here to comment on HIPAA in this setting. The patient has filed a lawsuit of malpractice, which puts her entire medical record and deposition out there as public records.
Is the doc free to comment on the records the patient has placed in the public record of the courts? Basically anyone can go to the courthouse and obtain these records and post any comments they wish on line without risk of HIPAA.

]]> By: RJShttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71621 RJS Mon, 12 Feb 2007 16:08:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71621 Free speech doesn't mean that the surgeon cannot sue for libel, assuming what the person is saying is untrue. Free speech doesn’t mean that the surgeon cannot sue for libel, assuming what the person is saying is untrue.

]]> By: KipEsquirehttp://www.kevinmd.com/blog/2007/02/surgeon-tries-to-shut-down-patient-blog.html#comment-71620 KipEsquire Mon, 12 Feb 2007 16:00:00 +0000 http://clients.emmense.com/kevinmd/2007/02/a-surgeon-tries-to-shut-down-a-patient-blog-attacking-him.html#comment-71620 Blogs aren't "protected free speech" -- <b><i>opinions</i></b> are protected free speech. An opinion can never constitute actionable defamation, on a blog or anywhere else.<br/><br/>But woe to anyone who knowingly posts, as "fact," a false and defamatory statement on a blog, including in the comments. Do not expect the First Amendment to protect you.<br/><br/>(In my opinion.) Blogs aren’t “protected free speech” — opinions are protected free speech. An opinion can never constitute actionable defamation, on a blog or anywhere else.

But woe to anyone who knowingly posts, as “fact,” a false and defamatory statement on a blog, including in the comments. Do not expect the First Amendment to protect you.

(In my opinion.)

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