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Med Mal News
No Recourse for Doctor Claiming Defamation
Brooklyn Supreme Court Justice Marsha Steinhardt ruled on July 17 that statements made by a physical therapist in preparation for a medical malpractice case being brought by a patient against a doctor (Yoshida v. Chin' 24149/2008) are absolutely privileged and cannot form the basis for the doctor's defamation claim against the physical therapist. The latter, Kwan Park, had signed a statement saying that the doctor used a power drill on the patient's injured shoulder, and that Kwan had held the patient down during this procedure. The doctor denied that these events ever happened, and claimed defamation. Justice Steinhardt, although conceding that the statement could harm the doctor's reputation and practice, nevertheless declared it off-limits as a basis for a defamation claim.
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