Patient Sues Over Trash Talking Doctors

A Virginian patient, D.B., played back a recording expecting instructions of what to do after his colonoscopy, but he caught the doctors and nurses making fun of him.

D.B. turned on the recorder on his phone because he was going to be anesthetized and wanted to get the doctor's instructions for after the operation. He accidentally recorded the entire procedure, which included shocking comments from the doctors. Some of the audio can be found on the Washington Post.

In the recordings, the doctors make fun of the rash on the man's genitals, instructions for the medical assistant to lie to him, and joking about giving him a false diagnosis. One of the doctors did write on D.B.'s records that he had hemorrhoids, even though he didn't have any. The lawsuit noted that as a falsification of medical records.

The doctor's attorney tried to say that the recording was illegal, but in Virginia only one party has to consent, so only one person involved must know about the recording.

D.B. sued the two doctors for defamation and medical malpractice. After a three day trial, the jury awarded him $50,000 for two comments about the man having syphilis and tuberculosis for defamation, $200,000 for medical malpractice, and $200,000 for punitive damages. The total awarded by the jury was $500,000.

Comments from Allen:

The root of a defamation claim is that someone makes a derogatory statement of fact concerning you which is not true, and which makes others think less of you. In virtually all states, making a statement that someone has a venereal disease is defamatory as a matter of law. An accusation someone has tuberculosis, a highly contagious disease, would probably also be defamatory as a matter of law. $25,000 per defamatory comment is not unusual.

Medical malpractice is committed when a doctor harms someone by practicing medicine upon them and treating them beneath the standard of care for a doctor in that community. Being found liable for malpractice by falsifying medical records is unusual. It appears this was done as a joke...a very expensive joke.

The punitive damages were not particularly high but were probably appropriate in this case.


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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.

Sources for more information:
http://www.cbsnews.com/news/patient-sues-anesthesiologist-who-mocked-him-while-sedated/

 http://www.independent.co.uk/news/world/americas/man-who-recorded-doctors-mocking-him-during-operation-sues-anesthesiologist-and-practice-for-500000-10341565.html

 http://www.washingtonpost.com/local/anesthesiologist-trashes-sedated-patient-jury-orders-her-to-pay-500000/2015/06/23/cae05c00-18f3-11e5-ab92-c75ae6ab94b5_story.html

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