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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 30337
Experience:  JA Mentor
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What can be done about a doctor trashing a clients spouse with

Customer Question

What can be done about a doctor trashing a clients spouse with totally untrue statements ? My wife was seeing the doctor for about 1 1/2 yrs I noticed my wife having a difficult time crying, smoking, drinking, complaining about a job that she previously liked very much. Then she would say she hated being there. I didn't know what to do so I asked my wife if I could go in with her in my presence to share with the doctor what I was observing so my wife agreed and it happened but I immediately got the sense that the doctor didn't like me. In short a few years later my wife got the courage to come forward and report what was happening to her at work. A supervisor had been sexually assaulting her and had a host of men sexually harassing her. Then it was discovered she wasn't the only woman 👩 assaulted on her job. When my wife's attorney got her record from the provider her doctor had totally trashed my character without any facts. I have clean criminal history and have served the community all my life. What can be done about those negative records ?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
Negative statements about a person's character are generally matters of the speaker's opinion and are therefore protected by the First Amendment. A person unfortunately is not able to sue for a statement of opinion, no matter how unflattering.
If the doctor included factual statements about things you didn't say or do, or the opinion is couched in a way as to suggest facts that are not correct, then you have the ability to sue for defamation of character.
There are two parts to every lawsuit: liability and damages. You will have to be able to prove that your reputation suffered harm based on the existence of the records, meaning that someone saw the notes and thought less of you. The judge will weigh all of the evidence to determine how much to award you in punitive damages. In a situation where you didn't suffer financial harm, the case would usually be brought in Small Claims.
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