Doctor sues patient for libel and breaches doctor/patient confidentiality.

Asked about 1 year ago - Brandon, FL

I saw a surgeon for two consults. I didn't like him. I posted a review of him on yelp. He's suing me for libel. I consulted with an attorney and he said there was nothing libelous about it. The Doctor posted a form that I signed as an exhibit and falsely accused me of having other medical issues. I responded to the lawsuit pro se. I believe that he breached the patient/doctor confidentiality, called my surgeon who did the procedures unscrupulous and then named my dr. in the lawsuit. Can I sue him for medical malpractice for making my medical history and records public?

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Attorney answers (5)

  1. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I don't know what the law is regarding this in your state, but this is not a medical malpractice claim. You should however, report his conduct to the state licensing board.

  2. Clifford M. Miller

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . It is not a medical malpractice issue (which is good for you). You should notify your homeowner's insurance company -- it may defend you in the libel case. You may have a counterclaim to file for breach of HIPPA. You may a complaint to file with the Florida Department of Health (which regulates doctors) also.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Report it to your homeowners carrier to resolve

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This does not appear to be a medical malpractice issue. Breach of confidentiality under the HIPAA statute does not provide you a cause of action against the doctor.

    If you have either homeowners or renters insurance, turn this lawsuit over to your carrier and demand that they defend this claim against you.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  5. Josh P Tolin

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No. Malpractice claims are related to specific medical care done. As the others have pointed out, a good starting point is with your homeowners.

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