What can I Post In My Own Blog Without Being Sued by a Doctor or Hospitial ? Help ...

Submitted by truthisone on

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I plan on creating a blog on a website I will purchase because I really need to vent about the malpractice, major neglect, and abuse I have received from a few docs/places since 2005, I plan on taking basic precautions like anonmizing the site and changing my name, but I also want to warn other about these Docs/places too without them getting a subpoena & suing me. I don't have any money for a lawyer because I'm in severe debt & live on $800 (receiving mostly SSI & some SSD through my father because I've been disabled since I was a teenager) a month.That doesn't go far in NYC. I can't even get the records from last hospital stay of 5 weeks cause it costs $700 because it is about 1,000 pages of notes. I mean they wouldn't be able to collect anything from me for years at the very least because I won't be able to work for quite some time now, I have NO assets what so ever, and my bank account is zeroed out every month after bills and I live off credit cards. But they could ruin my credit rating which is the only good thing I have. SOME NO NAME VENTING---YOU CAN SKIP THIS IF YOU WANT For instance, I'm currently unable to walk now since March. I was sent to a physical rehab in April to relearn to walk and the hospital reassured me that it was the highest rated place in all New York City. And it was rated five stars in all areas such as cleanliness, but it was rated ABSOLUTELY NO STARS in one area--Doctor and Nursing availability and care.If I only knew the truth! So, basically I was sent to a brand new sparkly clean hell hole where no would come to take care of me. Sometimes I got my meds over 2 hours late and was left suffering in pain and with dangerously high blood pressure. My mother was constantly fighting for them to give me any care. I'm in my 30's but suffer from severe social anxiety, plus I was too sick to fight for myself. For instance, the Doctor refused to take my stitches even after the head nurse couldn't get all of them out because they waited two weeks too long to take them out. So she literally had to dig them out. There was a lot of blood and fresh cuts on top of the wound, which only extended the healing time. The last person, who was completely unqualified, took 45 minutes to get one stitch out. AND just last week, I noticed something strange about this major wound. There was a blueish black scab that wouldn't heal at all after weeks of moisturizing twice a day. It was small and I decided to pick at it a little cause I had a bad feeling about it. Well, As soon as I did that STRING started to come lose. I ended up pulling out a 2 inch stitch and I fear I didn't get it all because it didn't have a knot at one end like the other stitches did and the other stitches were much longer than 2 inches. It hurt like hell taking it out with tweezers myself, but I didn't know what else to do because it happened around 9PM, and I'm scared to death of infection, plus the surgery occurred on March 16th and it's June already so I felt I had no choice. Back to business. How truthful can I be without getting in trouble? So, anyone, give me some opinions and I would love any advice from someone in the law field. Thanks so much

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DakotaLegal's picture

 

Submitted by DakotaLegal on

 
You may or may not be judgement proof if you lose a suit. If the doctors or hospital did sue you, just to shut down your blog, there’s every reason to try and protect what you want to do: “warning” the public against possible problems in community health care. In this case, there are major legal issues about where your rights of free speech run up against state libel protections for the doctors and hospital.
 
There may be a possible safety net for you. If this Blog is to become your business, your homeowner or renters insurance might insure you from a suit. Look over the policy and see if you have at-home business coverage. If your blog gives certain facts, such as the dates and fact of injury from a treatment, and then clearly states an opinion you have based on those facts, then you have a general right to expressing that opinion. It’s when the “opinion” slips into being something closer to a reasonable person’s perception of your claim of another “fact,” (a false statement of “fact” which can damage someone’s reputation or community standing) where libel begins. Using phrases such as “in my opinion” or “it seems” or “it’s possible,” or the like can let a reader know your assertions are not proven facts.
 
But in most ways, this balancing test between free speech and libel is one of the benefits in trying to see if any of your legal rights to sue for malpractice have been investigated. Have you talked with any lawyers about taking these cases as malpractice? Time is crucial in every malpractice case. You usually have only two years to sue, from the injury or from reasonable discovery of an injury. I know some people are reluctant to try and find a lawyer, especially if they barely have the money to get to appointments. But many lawyers in malpractice cases can handle the first investigation of a claim over the phone, or via a Web interview, or even by sending a paralegal out to talk with you. This legal consultation may even be helpful in getting a release of the records you want.
 
You should be sure to specifically ask only for free consultations. You can find a New York lawyer who specializes in medical malpractice… in New York City http://www.ny sba.org/AM/Template.cfm?Section=Need_To_Hire_A_Lawyer_ or elsewhere in the state http://iapps.courts.state.ny.us/attorney/AttorneySearch.
 
About Your Blog
 
Unlike the lawyer referral system for a malpractice case, mentioned above, there are also low-cost or free law services. These can be especially useful as you set up your blog. Keep in mind, if you do have a valid malpractice suit, it will probably be unwise to open up a blog. Some of the things you say might be misconstrued, or even affect your finances if you should try to settle or win a malpractice suit.
 
Be careful about whether being “anonymous” on a web site or hosting service will really mean you will stay that anonymous. A Plaintiff can ask for a Doe Subpoena, and in New York, this is not a high standard. The following case describes the “prima fasciae” standard used in New York. http://petrofsky.org/misc/legal-docs/Eclipse/Sony-Music-vs-Does-2004-07-26.pdf.Your argument is that your blog is an opinion, and has First Amendment protections. The issue is so important, even the ACLU may have an interest in your rights… http://www.aclu.org/contact-us.
 
If the time to sue has expired (the statute of Limitations for you to sue has “run” out), then getting some free legal advice only about the blog and free speech rights will be useful. You can try here http://www.nylawhelp.org/ny/. Some area law schools also have clinics, open to the public, and your free speech issues will be of interest to many of the staff in these programs… here’s an example: http://www.law.nyu. edu/ academ ics/clinics/index.htm.

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DakotaLegal's picture

 

Submitted by DakotaLegal on

 
You may or may not be judgement proof if you lose a suit. If the doctors or hospital did sue you, just to shut down your blog, there’s every reason to try and protect what you want to do: “warning” the public against possible problems in community health care. In this case, there are major legal issues about where your rights of free speech run up against state libel protections for the doctors and hospital.
 
There may be a possible safety net for you. If this Blog is to become your business, your homeowner or renters insurance might insure you from a suit. Look over the policy and see if you have at-home business coverage. If your blog gives certain facts, such as the dates and fact of injury from a treatment, and then clearly states an opinion you have based on those facts, then you have a general right to expressing that opinion. It’s when the “opinion” slips into being something closer to a reasonable person’s perception of your claim of another “fact,” (a false statement of “fact” which can damage someone’s reputation or community standing) where libel begins. Using phrases such as “in my opinion” or “it seems” or “it’s possible,” or the like can let a reader know your assertions are not proven facts.
 
But in most ways, this balancing test between free speech and libel is one of the benefits in trying to see if any of your legal rights to sue for malpractice have been investigated. Have you talked with any lawyers about taking these cases as malpractice? Time is crucial in every malpractice case. You usually have only two years to sue, from the injury or from reasonable discovery of an injury. I know some people are reluctant to try and find a lawyer, especially if they barely have the money to get to appointments. But many lawyers in malpractice cases can handle the first investigation of a claim over the phone, or via a Web interview, or even by sending a paralegal out to talk with you. This legal consultation may even be helpful in getting a release of the records you want.
 
You should be sure to specifically ask only for free consultations. You can find a New York lawyer who specializes in medical malpractice… in New York City http://www.ny sba.org/AM/Template.cfm?Section=Need_To_Hire_A_Lawyer_ or elsewhere in the state http://iapps.courts.state.ny.us/attorney/AttorneySearch.
 
About Your Blog
 
Unlike the lawyer referral system for a malpractice case, mentioned above, there are also low-cost or free law services. These can be especially useful as you set up your blog. Keep in mind, if you do have a valid malpractice suit, it will probably be unwise to open up a blog. Some of the things you say might be misconstrued, or even affect your finances if you should try to settle or win a malpractice suit.
 
Be careful about whether being “anonymous” on a web site or hosting service will really mean you will stay that anonymous. A Plaintiff can ask for a Doe Subpoena, and in New York, this is not a high standard. The following case describes the “prima fasciae” standard used in New York. http://petrofsky.org/misc/legal-docs/Eclipse/Sony-Music-vs-Does-2004-07-26.pdf.Your argument is that your blog is an opinion, and has First Amendment protections. The issue is so important, even the ACLU may have an interest in your rights… http://www.aclu.org/contact-us.
 
If the time to sue has expired (the statute of Limitations for you to sue has “run” out), then getting some free legal advice only about the blog and free speech rights will be useful. You can try here http://www.nylawhelp.org/ny/. Some area law schools also have clinics, open to the public, and your free speech issues will be of interest to many of the staff in these programs… here’s an example: http://www.law.nyu. edu/ academ ics/clinics/index.htm.