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LEGAL EASE

“This Doctor is horrible. Stay away.”

By George F. “Rick” Evans, Jr.
Evans, Rowe and Holbrook

What do I mean by “This Doctor is Horrible. Stay away?” I’m re- If somebody posts something about you that is just their opinion,
ferring to the power of social media and the negative postings your you’re out of luck insofar as the courthouse is concerned. If their
patients (or at least some of them) are digitally sending through cy- posting is an untrue statement of fact, you have legal remedies avail-
berspace for the world to see. There are countless social media sites able to you. Most postings, however, aren’t libelous so this article
by which people can vent their displeasure towards anybody, addresses what steps you can do when either you don’t have a case
whether it be an auto body repair shop or you. And your other pa- or, even if you do, you don’t want to go to the hassle of hiring a
tients read them when they turn to the Google machine to check lawyer to pursue it for you. Here are the steps most lawyers and pub-
you out. So, what can you do about them? lic relations companies agree upon.

The law strongly, strongly favors freedom of speech but, that said, Don’t Fire Back: It’s a mistake to roast the person with a “you’re
there are legal remedies available to you when a person goes beyond so freakin’ wrong you idiot that you have no clue what you’re say-
expressing his opinion but instead slanders or libels you. It’s one ing.” Instead, (take a big gulp, or two, of Tequila, if necessary)
thing for a person to say he thought his doctor was callous, short- and say this instead: “I appreciate and thank you for taking the
tempered or overpriced. Those are legally protected expressions of time to share your feelings. There are some unmentioned facts in
opinion. It’s another thing altogether for a person to say his doctor your post that may explain matters, but what’s important to me
fraudulently billed him or sexually abused him. While expressions is that your concerns are acknowledged, appreciated and steps
of personal opinion are legally protected, statements that are al- taken to “fix things.” So, please contact my office at your conven-
legedly factual in nature are not. It’s sort of like saying “the food at ience so we can do what’s necessary to make sure your concerns
this restaurant tastes terrible” versus “the food at this restaurant is are addressed. Again, thanks for your post. It’s important to me.”
contaminated with E. Coli.” The former is opinion whereas the lat- Don’t be defensive or combative even though your heart is
ter is a statement of fact. screaming to the contrary.

34 San Antonio Medicine • July 2017