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Consumer News & Alerts   |   March 9, 2009

By Martin H. Bosworth
ConsumerAffairs.Com

<http://consumeraffairs.list-manage.com/track/click?u=48290de6249ef2cecba9fe5de&id=188dc4e22b&e=caf2257758>DOCTORS
 
GAGGING PATIENTS
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  Imagine getting a bad treatment or wrong 
diagnosis from a physician and not being able to 
tell anyone about it. That's the scenario 
engineered by Medical Justice, a company that 
provides member physicians with forms that place 
patients under a "gag rule," forbidding them from 
posting any complaints about their doctor online, 
and encouraging doctors to withhold treatment 
from patients if they refuse to sign. While 
Medical Justice claims it's protecting physicians 
from frivolous lawsuits, opponents of the 
practice claim it robs patients of their First 
Amendment right to free speech. 
<http://consumeraffairs.list-manage.com/track/click?u=48290de6249ef2cecba9fe5de&id=4b965c99d8&e=caf2257758>Read
 
more...

And, by the way, ConsumerAffairs.com's chieftains 
threw aside their Kindles and raced to their 
keyboards upon hearing of this attempt at prior 
restraint. "In an excess of professional 
courtesy, we have not routinely published 
complaints about doctors and dentists," began a 
memo from our muckraker-in-chief, who proclaimed 
that policy immediately inoperative. See the 
early results at 
<http://consumeraffairs.list-manage.com/track/click?u=48290de6249ef2cecba9fe5de&id=30f7d3f1e1&e=caf2257758>ConsumerAffairs.com/doctors/.
 
Next week: We start drilling dentists.

"It's rather disingenuous for Medical Justice to 
claim that its Stalin-era tactics will magically 
immunize doctors against malpractice lawsuits," 
said ConsumerAffairs.com President James R. Hood. 
"Posting a review on a Web site is not the same 
thing as a lawsuit last time I checked. In fact, 
stifling free and open comment is the fastest way 
I know of to drive angry and anguished patients into the courtroom."

"Everyone is fair game for fair comment these 
days," said Hood, himself a noted lawsuit magnet. 
"Doctors no longer float angelically on a cloud 
and they might as well get used to it. Everyone 
has rights in a free society, not just doctors, 
drug companies and their lobbyists."

<http://consumeraffairs.list-manage.com/track/click?u=48290de6249ef2cecba9fe5de&id=e95f09e66c&e=caf2257758>SUPREME
 
COURT REAFFIRMS RIGHT TO SUE DRUG COMPANIES
Doctors who think they should be above the law 
should note that consumers scored a big win this 
week when the Supreme Court ruled that federal 
law did not prohibit plaintiffs from suing 
pharmaceutical companies in state court. The 
court ruled 6-3 that Diana Levine had the right 
to sue Wyeth Pharmaceuticals when an incorrectly 
applied injection of the company's drug led to 
her arm being amputated due to gangrene, ending 
her career as a guitarist. Wyeth had argued that 
the Food and Drug Administration (FDA) had 
certified the drug as safe, precluding any 
lawsuits at the state level, but writing for the 
majority, Justice John Paul Stevens reiterated 
that Congress would not regularly preempt state 
law, and neither would the Court. 
<http://consumeraffairs.list-manage.com/track/click?u=48290de6249ef2cecba9fe5de&id=494c81d649&e=caf2257758>Read
 
more...

ConsumerAffairs.com Inc., 11400 West Olympic 
Blvd., Suite 200, Los Angeles, CA 90064

Copyright 2008 © ConsumerAffairs.com Inc. All Rights Reserved


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