Question by Christina: Sue Dr for defamation of character?
My question is over the last few years I have had to go to my local hospital that has 11-12 full time PA’s, DO’s, or MD’s and one of the DO’s is the ER’s Dept medical director. I have had to go to the ER on an average of 2-3 times a month over the last 4 years for verious reasons. But of my reasons out of 20 times I rarely ask for PAIN medicine. I’ve gotten pain medication maybe 1 out of 15 times. Each time its usually potassium or saline I get. I get potassium more than anything cause I have hypokalemia which causes my HR to go tachycardia. I also recently found out secondary adrenal problems, I’ve had BAD migrains, Ive had several cyst pop due do bad endometriosis (which caused me to have my uterus taken out last year at the age of 26), hypotension. Among other problems. Anyways, this one DO who is in charge has basically taken it upon himself to put into the computer system that Im not allowed pain meds from the hospital cause my trips there. But im not a “frequent flyer” is what my nurse friends tell me. Im not a drug seeker. I seek potassium more than anything. This DO has also called an old dr of mine and told him I was a hypochondriac. When actually I do have problems with me. So My question is when I got into a car wreck that wasnt my fault, guess who was in charge that night? HE WAS. he wouldnt give me medicine and I was in extreme pain. 2 other drs have told me HE (this DO) went in front of the board a while ago and made it impossible to get pain meds when I go to the ER now. But with my HX of having pain. 2 months ago I also had an attack where my HR got up to 189 and they refused to give me pain meds, which is what they usually would give cause the pain is soooo bad cause of PSVT. So Can I sue this Dr for Defamation of character? Or something else. He’s always rude. None of his staff likes him, and for him to take my rights away when I get potassium way more than anything is crap. What are my rights???
So you know, when you have CHEST pain… MY DR tells me to get the ER. or when I’ve passed out cause my BP is 80/30 I have to go the ER. I havent been to the ER as much cause of my recent diagnoses of the adrenal problem and the medicine im on now is helping. Im also finally on HIGH amounts of KLOR-CON (potassium). If you read about adrenal issues maybe you would understand. You dont have to be so rude!!!
WOW. You guys think I like to just hang out at the ER for the no reason. I DO have a regular dr. You dont even know my background. Im 27, have had a hysterectomy, 8 colonoscopies, have FM, hypokalmeia, cyst of the hypothamamus (causes extreme migraines), adrenal issues, 4 staph infections in both breasts, hypotension (that caused me to be hospitalized for 4 days), ischemic colitis (hospitalized for 2 weeks), PSVT (causes my HR to get up to 200 at times and stay there for 2 hrs and very painful. You all are telling me that when Im bleeding from my ass, my heart is going to jump out of my chest, or my BP is sooo low I black out, Im suppose to just sit at home and pretend NOTHING has happened.

Best answer:

Answer by laughter_every_day
An expression of opinion cannot be the basis of a suit for libel or slander.

Answer by Ali Ibn Jr.
You can sue him for libel (defamation of character) but depending on how the courts have set precedent in your state, you may or may not be able to get damages for libel.

You can definitely sue and provided you have a competent attorney, can get damages for malpractice. I caution you, be careful with attorneys, or you will end up searching for a second attorney to sue the first one for malpractice. If they have a sure win case and are demanding money upfront, they aren’t going to do any work on your case – why should they, they already have your money. Find one who will do it on contingency, that one is honest and much more likely to be competent.

Prior to lawsuit, you might also want to make a formal complaint about him to the hospital as well as your state board of health or whoever license and is supposed to discipline the doctors.

edit: When the doctor makes these statements to other medical professionals, it is not a matter of his opinion. He is stating them as diagnosis and fact and causing people to make decisions based upon his statements. That is beyond opinion, he is making his statement as facts based on his medical professional training.

edit: I agree with your added statement on that other answer. Many people are ignorant and also to lazy and too self-centered to research or try to understand anything that is different from their own experience.

edit3: After reading another answer, I am amazed that people don’t understand a doctor does not offer opinions, but offers medical assessments and diagnosis that are allegedly based on facts not his opinion. Saying you are a hypochondriac when your conditions are real is a statement that you are either purposefully lying or you are delusional. He is not offering his opinin, he is stating it as fact, from his position as expert, his diagnosis based on his medical training (though it is really based on his ignorance and laziness and probably some ego issues as well). Despite that you can sue him for libel, you are better off to sue for malpractice. I am also amazed at all the people who can read the parts to judge you (wrongly) but whose eyes cannot see that you said you got pain meds 1 out of 15 times. I guess they read for comprehension about as well as many doctors listen to what their patients say.

We do not accept medication and treatment based on a doctor’s opinion. A person will not subject themselves to medication that makes them ill or to chemotherapy for exampe based on a doctor’s opinion. The job doctors do is not considered opinion by the courts nor the public. They make what they believe are correct factual statements based on years of training and education. They are allowed leeway to be incorrect on what they believe is fact so long as they are not negligent. In this case, though, the doctor is clearly negligent. The doctor is stating his belief about you as fact that others must regard as fact or they will be fired by the hospital.

one more edit: lol, every thumbs down is just one more reason to reiterate how ignorant some of the other answers are. They hate that it has been pointed out that they are in error and that they are not being allowed to put you down to get their ego strokes without you and someone else calling them on it. I have had two family members who have had to make frequent trips to the ER when their health went bad, 2 or 3 times a month, sometimes 2 or 3 times a week. The other people believe since it is not their experience that you must be doing something wrong. Ignore them. They are ignorant and full of rot, as hatred is rot and they pour out hatred from the start of their answers for no reason except that they perceive you as weak and vulnerable easy target.

I pray God will ease your conditions and your health will improve. God bless.

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