7 ms·

Reviews are protected speech, this has been litigated multiple times and has precedent in the US. If you live in an area with a SLAPP law I would suggest gettin

by leeter 8y ago

Reviews are protected speech, this has been litigated multiple times and has precedent in the US. If you live in an area with a SLAPP law I would suggest getting an attorney to file a SLAPP motion for you. The onus is then on the plaintiff to prove they aren't suing you to stifle your speech. If they can't then they have to pay full court costs and your attorney's fees as well as a penalty in many jurisdictions. In this case the subject is in NY state which has an Anti-SLAPP law and she should apply it and HIPAA. https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...

ballenf 8y ago
That's fine but they don't have to pay until after the case and appeals. Meaning you have to be able to front the litigation costs in order to have a chance at recovering them. There is a non-zero risk of losing. I would suggest using a pseudonym and VPN for any review written on a potentially litigious business unless you have the funds to litigate. Problem is Yelp is much more likely to mark the review as spam.
- matte_black 8y ago
  What if you win but they immediately go bankrupt and cannot pay you back?
  - leeter 8y ago
    Courts have a tendency to look on this as criminal contempt and refer the lawyer and the client to the various AGs when this happens.
  - joering2 8y ago
    They can go bankrupt the second judge handles verdict, but this would definitely be out of scope of said person bankrupcy proceedings similar to your education loan cannot be included into bankrupcy. the judge proceeding in bankrupcy claim will clearly see whats this is about.
  - jessaustin 8y ago
    Physicians with their own practices might have low net worths, but they still have lots of assets to distribute in case of bankruptcy. IANAL, but a patient with a judgement would jump ahead of lots of creditors in such an event.
- imbur 8y ago
  Many lawyers will take anti-slapp cases on contingency so you don't have to pay up front either
  - TAForObvReasons 8y ago
    > "They posted my entire medical record, including notes about my mental health, my bills, my insurance info, my driver’s license, birth date and home address," We are hearing one side of the story here. HIPAA violations have teeth -- potentially 10 years imprisonment for intentional leaks for personal gain -- so a vindictive public action is highly unlikely, and certainly some lawyers would take the case on spec. Especially if personal information like driver's license info and home address were leaked. What likely happened is this quip triggered the mess: > “I suspect that this doctor gives unnecessary procedure [sic] to a lot of people and then charges the insurance sky high prices and no one knows the difference. Levine is accusing Song of health care and medical insurance fraud. While there's some ambiguity regarding "unnecessary procedures", insurance fraud is a crime and arguably Levine is accusing Song of criminal behavior
    - Nadya 8y ago
      Another user, Siphor, went through the documents in a response on another thread [0]. I think the second paragraph adds some important context, especially in regards to the accusations of Mr. Song committing insurance fraud. >The most damning thing in there was that the Doctor tested for HHV-6 (something 100% of humans have) and then charged for it and claimed it was HHV-2 (genital herpes). Theres apparently a lab technician available to testify that the Doctor commonly tests for HHV-6. Guy seems sleazy. [0] https://news.ycombinator.com/item?id=17182181 https://news.ycombinator.com/item?id=17182181
      - doktrin 8y ago
        what's the point of ordering a nonsense lab test? Is a HHV-6 test significantly cheaper than one for HHV-2?
        8y ago
wdn 8y ago
Protected or not, the defendant still have many out of pocket cost and distress for defending a lawsuit. Lawyers don’t care. They will get pay. The judge usually don’t read the case until the time of the trial but your expenses is up front and no guarantees of outcome. I was sued and I pro-se to defend myself. Although the plaintiffs know the lawsuit is frivolous but that doesn’t matter. He said if I don’t apologize and I win the case, he will just spend more money appeal the case and make my life miserable. I apologized and he dismissed the case. It probably caused him some money, but it had caused me a lot of distress and time reading up the laws.

by leeter 8y ago

ballenf 8y ago

That's fine but they don't have to pay until after the case and appeals. Meaning you have to be able to front the litigation costs in order to have a chance at recovering them. There is a non-zero risk of losing. I would suggest using a pseudonym and VPN for any review written on a potentially litigious business unless you have the funds to litigate. Problem is Yelp is much more likely to mark the review as spam.

matte_black 8y ago
What if you win but they immediately go bankrupt and cannot pay you back?
- leeter 8y ago
  Courts have a tendency to look on this as criminal contempt and refer the lawyer and the client to the various AGs when this happens.
- joering2 8y ago
  They can go bankrupt the second judge handles verdict, but this would definitely be out of scope of said person bankrupcy proceedings similar to your education loan cannot be included into bankrupcy. the judge proceeding in bankrupcy claim will clearly see whats this is about.
- jessaustin 8y ago
  Physicians with their own practices might have low net worths, but they still have lots of assets to distribute in case of bankruptcy. IANAL, but a patient with a judgement would jump ahead of lots of creditors in such an event.
imbur 8y ago
Many lawyers will take anti-slapp cases on contingency so you don't have to pay up front either
- TAForObvReasons 8y ago
  > "They posted my entire medical record, including notes about my mental health, my bills, my insurance info, my driver’s license, birth date and home address," We are hearing one side of the story here. HIPAA violations have teeth -- potentially 10 years imprisonment for intentional leaks for personal gain -- so a vindictive public action is highly unlikely, and certainly some lawyers would take the case on spec. Especially if personal information like driver's license info and home address were leaked. What likely happened is this quip triggered the mess: > “I suspect that this doctor gives unnecessary procedure [sic] to a lot of people and then charges the insurance sky high prices and no one knows the difference. Levine is accusing Song of health care and medical insurance fraud. While there's some ambiguity regarding "unnecessary procedures", insurance fraud is a crime and arguably Levine is accusing Song of criminal behavior
  - Nadya 8y ago
    Another user, Siphor, went through the documents in a response on another thread [0]. I think the second paragraph adds some important context, especially in regards to the accusations of Mr. Song committing insurance fraud. >The most damning thing in there was that the Doctor tested for HHV-6 (something 100% of humans have) and then charged for it and claimed it was HHV-2 (genital herpes). Theres apparently a lab technician available to testify that the Doctor commonly tests for HHV-6. Guy seems sleazy. [0] https://news.ycombinator.com/item?id=17182181 https://news.ycombinator.com/item?id=17182181
    - doktrin 8y ago
      what's the point of ordering a nonsense lab test? Is a HHV-6 test significantly cheaper than one for HHV-2?
      - 8y ago

wdn 8y ago

Protected or not, the defendant still have many out of pocket cost and distress for defending a lawsuit. Lawyers don’t care. They will get pay. The judge usually don’t read the case until the time of the trial but your expenses is up front and no guarantees of outcome. I was sued and I pro-se to defend myself. Although the plaintiffs know the lawsuit is frivolous but that doesn’t matter. He said if I don’t apologize and I win the case, he will just spend more money appeal the case and make my life miserable. I apologized and he dismissed the case. It probably caused him some money, but it had caused me a lot of distress and time reading up the laws.