I am a Physician and I wonder if I can sue the local pharmacy chains for defamation of character?

Asked 11 months ago - Saginaw, MI

I am a licensed board certified Family Physician with no history of suspensions or any other punitive action against me. I opened my own private practice about a year ago. Now I am having trouble with the large chain Pharmacies. They are refusing to fill my legal prescriptions. In one instance a patient asked why they refused and she said the pharmacist told her, "He is a bad doctor". In a similar instance from today I saw a patient who told me he needed all of his prescriptions refilled because the chain pharmacy he was going to near his home would no longer refill prescriptions from me. The patient said the pharmacist told him to get another doctor.

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . "He is a bad doctor" is an opinion, and not defamation.

  2. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Mr. Doland's advice is sound.

    In addition, you may want to contact a staff investigator at CA Board of Pharmacy and ask for Pharm Board's assistance. Pharm Board may have sent out an alert about a physician with a similar name of business name (such alerts are being used extensively now; lots of media coverage). If there is that kind of error, Pharm Board can move quickly to rectify the origin of the problem and even send out affirmative correctives for you.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  3. Michael Charles Doland

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is beyond a public forum problem. You need to contact a business litigator immediately in your area. If your patients can't fill prescriptions and there are no "missing facts" above, you are the victim of various business torts designed to drive you out of business. Forget defamation - it's business torts.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more

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