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.

Insurer's Nondisclosure Requirements Fly in Face of GA Law

Georgia's Insurance Commissioner, Ralph Hudgens, issued a determination on July 15 that medical malpractice insurer MagMutual's nondisclosure agreements ' which prevent doctors and medical providers from discussing the terms of proposed medical malpractice insurance policies with others ' violate the state's Unfair Trade Practices Act by keeping potential insureds from obtaining valid advice from state-licensed insurance consultants. “The Legislature clearly intended for counselors to have an important role in this state's insurance marketplace,” Hudgens wrote in response to a complaint about MagMutual's policy, filed with his office in January. He deemed the gag rules “injurious to the insuring public,” and said that he intended to refer the matter to his agency's legal department for additional action consistent with his ruling.

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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.

Insurer's Nondisclosure Requirements Fly in Face of GA Law

Georgia's Insurance Commissioner, Ralph Hudgens, issued a determination on July 15 that medical malpractice insurer MagMutual's nondisclosure agreements ' which prevent doctors and medical providers from discussing the terms of proposed medical malpractice insurance policies with others ' violate the state's Unfair Trade Practices Act by keeping potential insureds from obtaining valid advice from state-licensed insurance consultants. “The Legislature clearly intended for counselors to have an important role in this state's insurance marketplace,” Hudgens wrote in response to a complaint about MagMutual's policy, filed with his office in January. He deemed the gag rules “injurious to the insuring public,” and said that he intended to refer the matter to his agency's legal department for additional action consistent with his ruling.

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