How difficult is it to win a defamation of character medical malpractice
lawsuit?

On 21 Aug 2004 16:02:21 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:
How difficult is it to win a defamation of character medical malpracticelawsuit?

Very.

>Very.
I would like to know what would be involved in attempting to initiate one,
and what i would need to be prepared for in order to win.

On 21 Aug 2004 16:12:13 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:
Very. I would like to know what would be involved in attempting to initiate one,and what i would need to be prepared for in order to win.

I apologize. I was being cute, and I shouldn't have been. Your
question made little sense. Are you sure you have a case that
involves both medical malpractice and defamation? It's very odd.
They are two very separate kinds of claims.

In any event, you should consult with a local attorney specializing in
malpractice and/or defamation to find out more. No one can answer a
bare question like that in this forum.


------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------

In article <lmsei0955fubs8kfjs8j3tace4c89oncit@4ax.com>,
Bob Stock <x.x@xxx.com> wrote:On 21 Aug 2004 16:02:21 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:How difficult is it to win a defamation of character medical malpracticelawsuit?Very.

You should probably ask him which side he's on first!

> Yourquestion made little sense.

You feel that my question made little sense. I beg to disagree with you .
My question in my opinion made a lot of sense.
Are you sure you have a case thatinvolves both medical malpractice and defamation?

I'm not an attorney, however, under the circumstances i feel that i have
an excellent case.

It's very odd.They are two very separate kinds of
of claims.

You may see it as odd, i don't.
You are correct, i can be a seperate claim, but it can also be two cases
combined.

Let's examine this for a second. If i write a letter of complaint with two
complaints that would constitute a letter with a two fold complaint. If the
letter involves one person, or company that as committed a tort if you will,
against someone that would constitute two or more violations within the same
situations, in my opinion that could be considered as one complaint dealing
with two issues or it could be looked at as two seperate issues.
In my opinion, the key factor would be, did the defamation of charactor play
a major roll in the medical malpractice, or was the defamation totally seperate
from the issue of medical malpractice.
You see it's all in how it's looked at. Again, i'm not an attorney, or i'd
have had no reason to even inquire about procedures, however i have a question
for you, ARE YOU A PHYSICIAN?

On 21 Aug 2004 16:02:21 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:
How difficult is it to win a defamation of character medical malpracticelawsuit?

Extremely difficult. Impossible, in fact, since one cannot commit
medical malpractice by commiting defamation of character.

They're two separate claims.

If they arise out of the same transaction, or series of transactions,
you could draft your complaint to allege the two separate causes of
action.

As your question is stated, however, it's impossible. Incoherent,
really. A judge would have absolutely no problem dismissing your
complaint for failure to state a cause of action if you claim
"defamation of character medical malpractice."

And yes, I'm a lawyer. I've drafted hundreds of complaints; I've
never had one thrown out.

But then again, I chose my clients carefully.

Tarkus

On 21 Aug 2004 18:14:46 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:
Yourquestion made little sense. You feel that my question made little sense. I beg to disagree with you .My question in my opinion made a lot of sense.

Umm, no, it didn't.
Are you sure you have a case thatinvolves both medical malpractice and defamation? I'm not an attorney, however, under the circumstances i feel that i havean excellent case.

Most people do, until they consult an attorney who can objectively
evaluate the claim.
It's very odd.They are two very separate kinds ofof claims. You may see it as odd, i don't.

<Shrug> That's not surprising....
You are correct, i can be a seperate claim, but it can also be two casescombined. Let's examine this for a second. If i write a letter of complaint with twocomplaints that would constitute a letter with a two fold complaint. If theletter involves one person, or company that as committed a tort if you will,against someone that would constitute two or more violations within the samesituations, in my opinion that could be considered as one complaint dealingwith two issues or it could be looked at as two seperate issues.

???
In my opinion, the key factor would be, did the defamation of charactor playa major roll in the medical malpractice, or was the defamation totally seperatefrom the issue of medical malpractice.

Defamation of character has nothing to do with medical malpractice.
You see it's all in how it's looked at. Again, i'm not an attorney, or i'dhave had no reason to even inquire about procedures, however i have a questionfor you, ARE YOU A PHYSICIAN?

No, he's not. Why should you care, anyway? You're not posting on
misc.medical, this is misc.legal. Apparently, you're looking for
legal advise.

Do you seek out an MD to draft your will?

Tarkus

>And yes, I'm a lawyer. I've drafted hundreds of complaints; I'venever had one thrown out.
You may be an attorney that has
never had a case thrown out, however if i were to ever consult an attorney that
come across with me in the manner in which you
have you would definitely have a potential client to eliminate you from the
running for an employee of mine.
BTW- It's my opinion that a compitent attorney wouldn't expect any one
commenting on this forum to lay out information to you detail by detail if they
are genuinely going to file a lawsuit. I may not be an attorney and i may not
have your expertise, but one thing i am not, is a fool.., but for your
information i want you to
know that i am sure a have a case, and a good case. You remind me of about 8
attorneys that i consulted about 10 years ago on a case. They all told me i had
no case, they all told me that it wouldn't be cost effective to explore the
case. This was a personal injury case.
GUESS WHAT?
I didn't take their word for it. I contacted the insurance company involved, I
filed with the courts the very day before statute of limitations ran out the
appropriate papers, and I,. a few days later settled the case on my own,
recieved a check for the settlement, and didn't have to split a dime with an
attorney, as well as having my medical bills paid past and future, so Please
forgive me if you think, because in my opinion you feel that you can intimidate
me into just taking your insults, tucking my tail and running, because i have
learned from experience that there are lots of attorneys out there, just like
doctors, that will sell a client out as quick as they will say lickity splilt.
Sure, i may not have your pearly record as never having a case thrown out, and
that could all be a lie., but i tell you this much. I believe i could give you
a run for your money with just the least bit of research, and i'm not an
attorney, i haven't had 8 years under my belt as well as law school degree, as
well as how ever many years you've been practicing.
In finality i'd like to say that for someone that has never had a case
thrown out, you seem awfully cocky, I just hope you don't let that cocky
attitude of yours under-estimate the next person you go against in court. HA!
HA! HA! Wouldn't it be funny if it were me, a regular old lay person filling
Pro Se that you happen to loose to.? I'd laugh all the way to the bank.

On 21 Aug 2004 21:34:45 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:
And yes, I'm a lawyer. I've drafted hundreds of complaints; I'venever had one thrown out. You may be an attorney that hasnever had a case thrown out, however if i were to ever consult an attorney thatcome across with me in the manner in which youhave you would definitely have a potential client to eliminate you from therunning for an employee of mine. BTW- It's my opinion that a compitent attorney wouldn't expect any onecommenting on this forum to lay out information to you detail by detail if theyare genuinely going to file a lawsuit. I may not be an attorney and i may nothave your expertise, but one thing i am not, is a fool.., but for yourinformation i want you toknow that i am sure a have a case, and a good case. You remind me of about 8attorneys that i consulted about 10 years ago on a case. They all told me i hadno case, they all told me that it wouldn't be cost effective to explore thecase. This was a personal injury case. GUESS WHAT?I didn't take their word for it. I contacted the insurance company involved, Ifiled with the courts the very day before statute of limitations ran out theappropriate papers, and I,. a few days later settled the case on my own,recieved a check for the settlement, and didn't have to split a dime with anattorney, as well as having my medical bills paid past and future, so Pleaseforgive me if you think, because in my opinion you feel that you can intimidateme into just taking your insults, tucking my tail and running, because i havelearned from experience that there are lots of attorneys out there, just likedoctors, that will sell a client out as quick as they will say lickity splilt.Sure, i may not have your pearly record as never having a case thrown out, andthat could all be a lie., but i tell you this much. I believe i could give youa run for your money with just the least bit of research, and i'm not anattorney, i haven't had 8 years under my belt as well as law school degree, aswell as how ever many years you've been practicing. In finality i'd like to say that for someone that has never had a casethrown out, you seem awfully cocky, I just hope you don't let that cockyattitude of yours under-estimate the next person you go against in court. HA!HA! HA! Wouldn't it be funny if it were me, a regular old lay person fillingPro Se that you happen to loose to.? I'd laugh all the way to the bank.

Typical self-important pro-se bull**** from someone who got lucky
ONCE.

You can't even write coherently and you want someone here to take you
seriously ?

Go away, little boy, before you get really spanked by your betters.

Tarkus

>Typical self-important pro-se bull**** from someone who got luckyONCE.You can't even write coherently and you want someone here to take youseriously ?

Ha! Ha! Ha! I do believe this little person is jealouse! I might not be
able to write coherently,, but after your line of communication you will
never be able to convince me that you are an attorney.

It is my opinion that any attorney that is worth it's weight in salt would
never communicate in the fashion in which you have done in the posts that you
have written here. It is my opinion that Successful attorneys are too
professional to stoop to the comments that you have made. It is my opinion that
even the worst of attorney's would know better than to ridicule a regular lay
person in the fashion that you have. Most professionals know that negative word
of mouth can destroy a practice far quicker than anything else. If as you say
that you are an attorney, you'd never catch me hiring an attorney that has so
little respect for average every day citizens. I don't feel that your attitude
is even worth wasting my time with.

On 22 Aug 2004 03:39:53 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:
Typical self-important pro-se bull**** from someone who got luckyONCE.You can't even write coherently and you want someone here to take youseriously ? Ha! Ha! Ha! I do believe this little person is jealouse! I might not beable to write coherently,, but after your line of communication you willnever be able to convince me that you are an attorney.

I believe that I would have a hard time convincing you that the sky is
blue, given your pre-conceived attitute toward attorneys
It is my opinion that any attorney that is worth it's weight in salt wouldnever communicate in the fashion in which you have done in the posts that youhave written here. It is my opinion that Successful attorneys are tooprofessional to stoop to the comments that you have made. It is my opinion thateven the worst of attorney's would know better than to ridicule a regular layperson in the fashion that you have. Most professionals know that negative wordof mouth can destroy a practice far quicker than anything else. If as you saythat you are an attorney, you'd never catch me hiring an attorney that has solittle respect for average every day citizens. I don't feel that your attitudeis even worth wasting my time with.

I communicate "that way" here because I can. I'm not here to rustle
up business, I'm here to discuss legal issues. I talk the way I feel,
not to appease some microcephalic twit whose business I want. You
have a lot to learn about law, lawyers and clients, my friend.

Most lawyers say that if it weren't for the clients, practicing law
might not be too bad; it's the clients who ruin everything...

If you can't face the fact that you don't know what your talking
about, and won't listen to others who know more than you, that's your
problem.

Face it, you only came here to berate and attempt to denigrate
attorneys. Your previous posts are clear about that.

GFY

Tarkus

"Tarkus" <Tarkus@homeland.security.net> wrote in message
news:fjugi09ldl84gnl63fjcv9b19487pv70se@4ax.com... On 22 Aug 2004 03:39:53 GMT, apprenticeq@aol.com (ApprenticeQ) wrote:Typical self-important pro-se bull**** from someone who got luckyONCE.You can't even write coherently and you want someone here to take youseriously ? Ha! Ha! Ha! I do believe this little person is jealouse! I might
not beable to write coherently,, but after your line of communication you
willnever be able to convince me that you are an attorney. I believe that I would have a hard time convincing you that the sky is blue, given your pre-conceived attitute toward attorneys It is my opinion that any attorney that is worth it's weight in salt
wouldnever communicate in the fashion in which you have done in the posts that
youhave written here. It is my opinion that Successful attorneys are tooprofessional to stoop to the comments that you have made. It is my
opinion thateven the worst of attorney's would know better than to ridicule a regular
layperson in the fashion that you have. Most professionals know that
negative wordof mouth can destroy a practice far quicker than anything else. If as you
saythat you are an attorney, you'd never catch me hiring an attorney that
has solittle respect for average every day citizens. I don't feel that your
attitudeis even worth wasting my time with. I communicate "that way" here because I can. I'm not here to rustle up business, I'm here to discuss legal issues. I talk the way I feel, not to appease some microcephalic twit whose business I want. You have a lot to learn about law, lawyers and clients, my friend. Most lawyers say that if it weren't for the clients, practicing law might not be too bad; it's the clients who ruin everything... If you can't face the fact that you don't know what your talking about, and won't listen to others who know more than you, that's your problem. Face it, you only came here to berate and attempt to denigrate attorneys. Your previous posts are clear about that. GFY Tarkus

Hey, I like this barrister. My sentiments exactly.

In article <20040821141446.12089.00003887@mb-m01.aol.com>,
apprenticeq@aol.com (ApprenticeQ) wrote:
Yourquestion made little sense.
You feel that my question made little sense. I beg to disagree with you .My question in my opinion made a lot of sense.

Obviously, or you wouldn't have asked it. Nevertheless, it made little
sense because there's no such thing as a "defamation of character medical
malpractice lawsuit." It's like asking how tough it is to repair a bicycle
carburetor. You can repair a bicycle, you can repair a carburetor, but
there's no such thing as both, so you can't repair it.

Moreover, the question made little sense because it had no context. Hell,
you didn't even specify whether you were the plaintiff or dependent in your
hypothetical, let alone what the facts were. That's like asking how tough
it is to win a baseball game.

Are you sure you have a case thatinvolves both medical malpractice and defamation?
I'm not an attorney, however, under the circumstances i feel that ihave an excellent case.

Perhaps. But then, as you said, you're not an attorney. And if you were
certain, you wouldn't have asked the question. _All_ clients think they
have excellent cases. They're rarely right, for the simple reason that if
the case is "excellent," it usually doesn't get very far; the other side is
generally willing to settle very quickly. Most cases are far less certain.
It's very odd.They are two very separate kinds of of claims.
You may see it as odd, i don't.You are correct, i can be a seperate claim, but it can also be two casescombined.

Well, you could assert both claims in a complaint, but nobody would
describe that as a "defamation of character medical malpractice complaint."
And the question wouldn't make any sense, in any case, for the obvious
reason that the ease of prevailing on one claim would have no bearing on
the ease of prevailing on the other.
Let's examine this for a second. If i write a letter of complaint with twocomplaints that would constitute a letter with a two fold complaint. If theletter involves one person, or company that as committed a tort if you will,against someone that would constitute two or more violations within the samesituations, in my opinion that could be considered as one complaint dealingwith two issues or it could be looked at as two seperate issues. In my opinion, the key factor would be, did the defamation of charactor playa major roll in the medical malpractice, or was the defamation totally seperatefrom the issue of medical malpractice.

Well, *that's* an easy one: it's totally separate. How could one have
anything to do with the other?
You see it's all in how it's looked at. Again, i'm not an attorney, or i'dhave had no reason to even inquire about procedures, however i have a questionfor you, ARE YOU A PHYSICIAN?

What does that have to do with anything? Why would a physician be able to
answer the question "How difficult is it to win a defamation of character
medical malpractice lawsuit?"

---------------------------------------------
David M. Nieporent nieporen@alumni.princeton.edu

Well now.

Seems we have an intelligent person amongst us, lets offer him the
biggy and see if he runs away: is he going on my cockle doo do file or
can he stay the course, is he an honest yank or a blow hard, lets put
him to the test.

David you are hear by challenged to a legal fact finding

1 of murder by person in high positions
2 Covering up murder by persons in high positions.

Tony Holland

apprenticeq@aol.com (ApprenticeQ) wrote in message news:<20040821120221.10848.00009005@mb-m25.aol.com>... " jls" <jls1016@bellsouth.net> wrote in message news:r60Wc.13727$%n4.8977@bignews6.bellsouth.net.. . "Tarkus" <Tarkus@homeland.security.net> wrote in message news:fjugi09ldl84gnl63fjcv9b19487pv70se@4ax.com... On 22 Aug 2004 03:39:53 GMT, apprenticeq@aol.com (ApprenticeQ) wrote: >>Typical self-important pro-se bull**** from someone who got lucky >>ONCE. >> >>You can't even write coherently and you want someone here to take you >>seriously ? > > Ha! Ha! Ha! I do believe this little person is jealouse! I might not be >able to write coherently,, but after your line of communication you will >never be able to convince me that you are an attorney. > I believe that I would have a hard time convincing you that the sky is blue, given your pre-conceived attitute toward attorneys > It is my opinion that any attorney that is worth it's weight in salt would >never communicate in the fashion in which you have done in the posts that you >have written here. It is my opinion that Successful attorneys are too >professional to stoop to the comments that you have made. It is my opinion that >even the worst of attorney's would know better than to ridicule a regular lay >person in the fashion that you have. Most professionals know that negative word >of mouth can destroy a practice far quicker than anything else. If as you say >that you are an attorney, you'd never catch me hiring an attorney that has so >little respect for average every day citizens. I don't feel that your attitude >is even worth wasting my time with. > > I communicate "that way" here because I can. I'm not here to rustle up business, I'm here to discuss legal issues. I talk the way I feel, not to appease some microcephalic twit whose business I want. You have a lot to learn about law, lawyers and clients, my friend. Most lawyers say that if it weren't for the clients, practicing law might not be too bad; it's the clients who ruin everything... If you can't face the fact that you don't know what your talking about, and won't listen to others who know more than you, that's your problem. Face it, you only came here to berate and attempt to denigrate attorneys. Your previous posts are clear about that. GFY Tarkus Hey, I like this barrister. My sentiments exactly. The facts of the case is that someone broke into my house and
crammed a liter bottle in my ***! the hospital staff thought this was
hilarious as did the police. they had to use some kind of suction
device to get it out and they passed the xrays around thinking this is
the funniest thing theyd seen. Well, they aint gonna be laughing when
I get through with them. The police said guys like me usually say they
'fell' on the bottle and just keep laughing, this is malpractice and
defamation, one case and hopefully lots of money. Fiery red *** lips
the size of a coke bottle and diapers all day, someone's going to pay!

Assuming that what you say is all true, it is not malpractice and may
not be defamation. It may be a privacy violation.

Medical malpractice is a form of negligence. If you received medical
treatment that did not conform to the accepted standards of care for
that kind of treatment, and you were injured as a result, that's
malpractice. If the treatment prescribed and carried out for your
injury was appropriate, and nothing you say indicates that it was not,
there was no malpractice. Even if it wasn't, you would have to show
what injury you suffered and how the injury was caused by negligence.
Except in rare egregious cases, medical malpractice suits are highly
technical and require expert testimony.

Defamation is making false and defamatory statements about somebody.
If it's true, no matter how awful, it's not defamation. Therefore the
X-rays can't be defamation. If it's opinion, for example if the
policeman said that in his experience, injuries of this type are
usually self-inflicted, it's not defamation. In any event, if you
can't show how you're out money as a result, you have no case, because
while hurt feelings are important, their dollar value is almost always
zero.

Privacy violations under HIPAA are a more interesting possibility.
Medical personnel can disclose your medical information to other
medical personnel, insurance agencies, law enforcement, and the like
for various legitimate reasons. They cannot do it just for their own
amusement, and there are civil and criminal penalties for doing so.

You can get DHHS's Office of Civil Rights to pursue a HIPAA privacy
violation for you; see http://www.hhs.gov/ocr/privacyhowtofile.htm

--
Not a lawyer, see a lawyer if you're proposing to do more than file a
HIPAA complaint,

Chris Green