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?
Thank you for your answers!
Personal Injury Lawyer
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.
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3 lawyers agree
Personal Injury Lawyer
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.
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