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I am a physician in private practice , working with weight

loss people . I am...
I am a physician in private practice , working with weight loss people . I am being accused of misdiagnosing ,’swiping that diagnosis under the rug’ being greedy and extremely rude. All of that is posted on Google. All of that not true. I have dozens positive reviews but that unfair one damaging me seriously . Any suggestions . How well you are familiar with internet rules? How different that rules from common law concerning libelous statements. Thanks.
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Answered in 10 minutes by:
4/2/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,084
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The laws that apply here are the defamation/slander laws, which apply the same to false statements on the internet made by people as they do to false statements made in person.

In general this would be defamation per se and you can sue the party who made the statement for damages and for an injunction to remove the comments. A statement is defamatory per se only if it falls within one of the following categories: (1) imputation of a crime; (2) imputation of a loathsome disease; (3) injury to a person's office, business, profession, or calling; or (4) imputation of sexual misconduct. Gray v. HEB Food Store No. 4, 941 S.W.2d 327, 329 (Tex.App.-Corpus Christi 1997, writ denied). If the jury finds that the defendant made the allegedly defamatory statement about the plaintiff, and the statement is defamatory per se, then the factfinder may presume that the statement injured the plaintiff's reputation. Bentley v. Bunton, 94 S.W.3d 561, 604 (Tex.2002). When the presumption applies, the plaintiff is entitled to recover general damages, such as for loss of reputation and mental anguish. Id. At a minimum, the plaintiff in such a case is entitled to nominal damages. Tex. Disposal Sys. Landfill, Inc. v. Waste Mgmt. Holdings, Inc., 219 S.W.3d 563, 581 (Tex.App.-Austin 2007, pet. denied) (citing Bentley, 94 S.W.3d at 604).

Thus, you can file suit against the party making the statements and seek damages. If you do not know who is making the statements, you file suit against John Doe and then you subpoena the internet records from the website to track the identity of the party who posted them to name and serve the proper party.



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Customer reply replied 4 years ago

 


Very good . I know the person. I have a chart and I can answer all pertaining questions. As I said I feel confident that I am right. I certainly don’t need monetary damages but I want that dirt to be removed . I can guide you to the alleged web site so you will see it by yourself and consider whether it would be classified as a ‘ (3) injury to a person's office, business, profession, or calling;’

If the comment is talking about the way you practice medicine or conduct your business then it does fit in the injury to your profession as it disparages you to the public regarding your practice of medicine.
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Customer reply replied 4 years ago

 


I think so but I am not a expert. Can I copy it for you so you let me know your opinion?

Thank you for your response. Please provide the information if you like or the link.
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Customer reply replied 4 years ago

 


Go to Google ,type ‘ weight loss dr fort worth. You will find 3 references under my name


1. Dr. Cherkassky: Weight Loss Dr Dallas, Fort Worth


weightlossfor.us/Cached


You +1'd this publicly. Undo


New revolutionary weight loss. Learn how a new discovery made it possible. Listen to our weight loss success stories in Ft Worth and Dallas. Dr. Cherkassky ...


Contact Us - Sensotherapy ~ Weight Loss ... - Meet Doreen - Ana



  1. 2. Places for weight loss dr near Fort Worth, TX


Dr. Michael Cherkassky, MD



www.weightlossfor.us
1 Google review


607 W Magnolia Ave #201
Fort Worth
(XXX) XXX-XXXX


Medi-Weightloss Clinics



www.mediweightlossclinics.com
9 Google reviews


7253 Hawkins View Dr
Fort Worth
(XXX) XXX-XXXX


Dr. Adam B. Smith, DO



www.fortworthlapband.com
Google+ page


XXXXXbr/>Fort Worth
(XXX) XXX-XXXX

 


Go to the second one and under it click on 1 Google review . You will see it

Thank you for the post.

This is going to be her mere opinion and if she has the alleged test results in her possession and/or the other doctor supports her contentions, if you sue her for defamation she would likely be able to defeat your claim based on the fact that a person's opinion based on the available facts they have before them is not defamation. It is only defamation if the person is making a statement they knew to be false at the time they made it or made it with reckless disregard of the truth. Based on her statement, she claims she has another doctor's opinion, but also she claims she has the test results and if she does then her opinion is protected by the first amendment, even if she may be wrong just as long as the statement is not known by her to be false when she made it.
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Customer reply replied 4 years ago

 


The TSH elevation is not a emergency and I routinely explain my patients to get in touch with their family physicians to work it up . As been done in that case.There was no need for me to swip it under the rug . I could get dozens of testimonials to that at any time. I do not treat this conditions and as I said simply refer patients , there was no malicious intent. My question pertains to a statement of me being rude and startin title ‘Don’t go to this DR.” wich I view as a libel. Thanks .Let me know

Thank you for the follow up and sorry for the delay.

This statement is very borderline and more her opinion. Rude is something that is based on her interpretation. What would be libel or defamation would be any accusations about improper or negligent treatment and for that she would have to know that the treatment was not negligent yet she is claiming it as such.
Law Educator, Esq.
Category: Criminal Law
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