Contrary to popular belief, it’s not impossible to win a defamation lawsuit. Take, for example, the Florida doctor who won a $2 million slander suit against a colleague. His victory shows that moving forward with a defamation claim is sometimes the wise choice.
Doctor Sues Hospital Administrator for Defamation
IMPORTANT NOTE: All lawsuits have two sides, and what ends up in the press isn’t always the whole truth. As such, we’ve changed the names of all the parties involved.
Hospital CEO Allegedly Bad-Mouths Doctor
“Dr. Defamation” once worked at the North Main Street Hospital (“NMSH”), where “Mr. Talk” is the CEO. According to reports, Mr. Talk allegedly told representatives from another medical facility that Dr. Defamation engaged “in disruptive behavior” while associated with NMSH.
So the doctor sued, alleging that the slight decimated his professional reputation. According to the claim, things quickly became untenable for him, and he had difficulty finding work. Eventually, Dr. Defamation moved elsewhere in search of patients.
Doctor Wins Big In Slander Lawsuit
Dr. Defamation’s legal team presented a convincing case, and the jury ruled in favor of him. Not only did they side with the doctor, but they doled out hefty penalties to the defendants — $2.145 million to be exact. The claimant got $320,000 in actual lost earnings, $400,000 in compensation for lost future wages, $400,000 for injury to his reputation, $25,000 in personal punitive damages from Mr. Talk, and an additional $1 million in other punitive damages.
What Must Doctors Prove To Win A Doctor Defamation Lawsuit Against A Hospital or Medical Facility?
Proving defamation in the U.S. is no small feat, but as Dr. Defamation’s case demonstrates, it’s also not impossible. Every year, many professionals win slander and libel lawsuits.
So what must doctors and nurses prove to win employment-related defamation claims against hospitals, medical facilities, or even patients? At the very least, U.S. slander and libel plaintiffs must prove that the defendants:
- Made a false, unprivileged statement of fact about the claimant;
- Materially harmed the plaintiff by making the statement(s) in question;
- Acted either negligently or with actual malice in either speaking or publishing the contested declarations.
Got Defamation Law Questions?
Are you researching defamation law as it relates to businesses and professionals? If so, check out our blog. Each week, we post articles about recent business defamation law news and events, in addition to legal explanations for non-lawyers. Are you having defamation legal issues? If so, and you want to consult with an attorney, contact lawyer Aaron Kelly. He’ll listen to your situation and lay out options. If Mr. Kelly cannot help, he’ll put you in touch with an attorney that’s right for you.