Do You Think Doctors Should Sue?
BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — A Palm Beach County Doctor is suing a patient after she allegedly posted bad reviews online. The Michigan Attorney for the Palm Beach County Doctor claims it’s illegal to post negative reviews, and is suing the woman for libel and slander.
Dr. David Silvers, a Neurologist in Palm Beach Gardens, filed the suit against Jan Jayson-Stein. He claims she took to Vitals.com, Yelp, and other sites to complain about the doctor and his practice. Among her complaints written online (grammar not changed from text provided in lawsuit): “Worst dr I have ever been too. Was excited cause saw he was Harvard graduate The top reviews are all sponsored so don’t believe any of them. He misdiagnosed me and wanted me to do procedure that could cause stroke after sending me for MRI and MRAs. He knew I had RA, raynauds, and all medical conditions. It took him over month to call in prescription for someone who has DLB, quick progressing. He gives each patient maybe 3 min. does NOT care about his patients. But he obviously has plenty of time to write lovely notes to the dr that referred you or your 4 primary. SCARY, felt like I was in third world country in that office. Staff was very nice.”
Another review that the doctor attributes to the defendant: “Very difficult to get appointments, misdiagnosed me, sent fiance to cardiologist and cardiologist asked y he was there, I said didn’t dr send script, he said yes but just say a diagnosis nothing else. He prescribed medication and didn’t call it in for one month. Office staff very nice. Francis amazing. Then he writes all my drs these fancy notes which sure are form letter he has, but he gives no time to patient, but has time to write notes. I referred friend after first visit and they wouldn’t let wife in the room with husband and dr. VERY SCARY”
Additional reviews are included in the lawsuit which you can read, in its entirety, here.
The lawsuit highlights Dr. Silvers’ concern that the negative reviews will lead to fewer patients and could hamper his ability to sell his practice. Again, from the lawsuit:
“While Plaintiffs’ business perseveres, Defendant’s campaign to defame and injure Plaintiffs have caused their patients significant concern about the propriety of Plaintiffs’ medical practice, such that the trend of fewer patients has occurred and is likely to continue such that risk of losing current patients is tangible. Without patients, Plaintiffs will have no business and no prospects for merging or selling his practice in the future. This damage is in addition to the permanent and irreparable harm to Plaintiff Dr. Silvers’s professional and personal reputations that Defendant’s defamatory conduct has caused (and will continue to cause unless enjoined), as the current value of the practice is now significantly lower due to the publishing of these false and Defamatory Reviews.”
Also noted in the lawsuit, the importance of online reviews to doctors in Florida. “Patient Reviews are exceptionally important in states like Florida, where there is a tremendous transient population lacking word of mouth or knowledge of local professionals. It is well established that patients in South Florida, read and rely on Reviews of physicians when making their decisions to choose a practice to serve their needs.”
The suit seeks in excess of $1M. It is unclear why the doctor retained an attorney in Michigan as opposed to counsel that traditionally practices in South Florida. He is represented by Attorney Nicole Sauvola-LeMay of Tawas City, Michigan.
Do you think doctors should sue patients over bad reviews? Share your thoughts, here.
30 responses to “Palm Beach County Doctor Sues Patient Over Bad Reviews”
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I know what I would do, I wouldn’t go to this doctor. Given the patients complaints, and this doctor chose to sue her..just speaks about the doctor’s character. I’ve been in South Florida for over 12 years, I first started out as a medical assistant here…and I have never seen so many mistakes in Healthcare, as I have since coming to FL! I have experienced similar with doing this area..many seem very entitled..and care less and less about patients and their care. I am still in Healthcare here in FL, but not with any doctors here..
I hope this lawsuit comes to bite this Dr in the a**!-
I think we need these reviews. It is how we know what the doctors are like from someones personal experience
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I agree with you 100%. Many doctors get bad reviews . Are they going to sue the patients because they didn’t like their opinions? That’s absurd. I always check doctors’ backgrounds and reviews , and I also consider the reason for the complaints. The doctor should have had a conversation with the patient regarding the issue . Suing has become the American pastime…
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This is why we have Bocanewsnow.com
To give us complaints & compliments
Everyday!Imagine no news stations never telling
The Truth?
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The truth hurts. We can voice our opinions that’s what the reviews are for. If he is such a good doctor then one bad review wouldn’t hurt. FOR A DOCTOR TO SUE A PATIENT FOR THIS IS CHILDISH. If I was the patient I would file lawsuit against the doctor for neglect and misdiagnosed.
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Just because someone says something doesn’t mean it’s true humans lie all the time are petty and evil. People make false reviews all the time and when you attack someone’s character and career it can be slander defamation etc if it’s false. She could have asked for pain medication or something and the doctor refused if you hated it why would you refer a friend as well.
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Or it could be true. Have had similar experience. Dr maybe should take a good look at the care he’s giving
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Very silly and petty legal action. The writer may be a crank or may be spot on. It simply needs to be read in the context with other reviews of this doctor.
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all doctors get reviews. And you can check the reviews it lists how many are five star how many are 4 star. etc.. so if somebody wants to look at other sources, such as health grades and yelp, and you read all the reviews and there’s a lot of bad ones, then the doctor has an issue. But it is the way that patients share their experiences and it’s up to new patients to decide how many are good reviews how many are bad and make their own decisions. It NO WAY slander. People are just expressing their freedom of speech their experiences.
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I will be watching this case very closely. I have read the plaintiff’s case (attached) word for word.
I have so much to say about this case, but generally: what if every restaurant sued because of a bad review.
The patient went to the proper places to do reviews, websites and such that are set up exactly for those purposes.
Big issue is that plaintiff is claiming that defendant made the comments in an effort to hurt the plaintiff. (assumption)
Bottom line: I wonder what the REAL REASON this Doctor is bringing this lawsuit. I believe there must be more to this, and wonder if it will all come out down the road. Very weird this doctor bringing a lawsuit for negative comments made about his practice.
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Why do they have 1 to 5 Stars?
It’s for filing a complaint or
A compliment?Don’t be a Doctor, if you don’t like
Complaints?Filing Complaints to BBB doesn’t work!
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The doctor probably is suing because nobody is interested in buying his practice and needs the money!
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I believe it is rare for a doctor to intentionally be dismissive of a patient or unhelpful with their diagnosis. Nonetheless, there are some who are less helpful causing a patient that is ill having to seek another professional. In such instances the patient should first talk to the doctor about their feelings how they were treated or diagnosed. If the reaction is of denial or even anger then an honest evaluation is required albeit negative. The patient in their complaint must be respectful and specific as they explain the efforts they made to civilly resolve the matter but the doctor reacted unprofessionally. Under such circumstances I do not see a valid reason for a lawsuit, certainly not a successful one, but the patient should recognize they may have to seek another doctor and hope they accept new patients. Bottom line,doctors should not automatically expect a #5 recommendation if a patient has approached the problem in a professional way. On the other hand patients who do not take care of their health, despite medical advice and care, should not expect miracles if they continue being ill or worse and then, in anger, write a bad evaluation.
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I’ll never write a review again good or bad.
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Can’t Talk?
Can’t Live?
This is U S A not North Korea!
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I looked this doctor up after reading this article. Most of the reviews are from several years ago and his rating is 4.3 to 4.8. Not too bad. I use reviews to find good doctors if I don’t have a referral. And I usually look the referral up. Doctors here in Florida need to be reviewed. Many of them are terrible. Around five years ago I saw 12 doctors before I actually got a diagnosis of a very serious infection which required many weeks of antibiotic treatment. I knew I was sick and the doctors did not believe my symptoms.
I am eternally grateful for the opportunity of reading reviews.
Would never go to a doctor who sues a patient. -
According to the Florida Bar website,
Nicole Sauvola-LaMay “Nikki LaMay” is a
Member in Good Standing of the Florida Bar and
Eligible to Practice Law in Florida. -
Any citizen has the right to sue another for libel or slander in court. If the doctor feels he has been maligned and that the comments this patient has made are lies and misrepresentations of the truth, then, yes, he should sue her for libel.
But, one of the problems with reviews on social media and other outlets, is that many businesses and individuals “pad” their reviews with false positive reviews. This practice should be made illegal.
Most people who use reviews as a guide to decide on a provider or a service read all or most of the review to get an overview of the flavor of the reviews. One poorly written bad review that is totally different than a large number of excellent reviews are generally written off as an “outlier” by a single disgruntled or disturbed patient or customer. Multiple bad reviews tell a different story.
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Reviews are an important reference point for patients who are seeking good medical care. It makes part of a much needed checks and balances system for our medical care. I am from Latin America, upper middle class thus fortunate to afford top physicians, yet, I choose to come to the US because of the checks and balances system (I know is not perfect but at least there is one). The monumental problem in Latin America, across the board and medical care is not except from it, is that physicians, most highly qualified, are too “relaxed” with their practices because there is NO accountability. My two cents.
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So, am originally from Boston and I had wonderful doctors there, who took their time at every appointment I had. When I moved here I had to looked for doctors (general, orthopedics, Neurologys) and I based on reviews from patients so I can picked the right ones and event that I did noticed that they would not take their time to get to know me and get to know my heath conditions. I asked others (neighbors or friends) if the experience the same about doctors rushing you at their appointments and the answer was yes and this was done because doctors are required to see many numbers of patients here in Florida, I have founded other doctors who take their time.
So, we used reviews as a tool to see doctors, carpenters, plumbers, restaurants etc… if this it’s going to be a tactic for them to sued you then why are there for.
“THAT IS RIDICULOUS “ -
I’m a business owner. Sometimes people say unfair stuff and you’re powerless. Certainly not a reason to sue someone. And that review wasn’t even THAT bad. People have a right to their opinion good or bad. Most of us now know lots of reviews are fake anyways and it’s unusual to see someone without any bad and a score of 4.8.
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I would take this, and other, negative review with a big grain of salt. There are too many people that always have something bad to say and who don’t acknowledge that their own boorish behavior may account for the other person’s negative reaction.
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Don’t be fooled by an Ivy League medical degree. You know the old joke, “what do you call the person who graduated last in his medical school class? He is called Doctor”
If this doc didn’t want bad press, he shouldn’t have brought attention to himself by bringing on want seems to be a frivolous lawsuit. I would never have heard his name or read about his poor reviews if he just concentrated on being a better physician and human being.
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I agree with the doctor. It is about time already that people who publish lies should be punished. You better be able to back up your facts. When it affects any business, there should be repercussions. If I did not like my doctor, I would just go to somebody else. The only way to find a good doctor is to go to one and make your own opinion. I do not believe the Internet at all. There are lies on positive reviews as well as negative reviews.
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I have been using Dr. Silvers for three years. He is very caring, thorough, and takes time with me, answering all questions. Medication is promptly filled. This patients description seems out of character.
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Sorry but it’s a two way street. Dr’s don’t have to take on new patients and they can also drop you if you are a chronic complainer. So what gives them the right to do this?
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How can someone feel comfortable going to a Dr. that sues a patient for a bad review? What if a patient gets a bad experience with the doctor and now feels scared to post an honest review? Scary times
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How can someone feel comfortable going to a Dr. that sues a patient for a bad review? What if a patient gets a bad experience with the doctor and now feels scared to post an honest review? Scary times!!
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This is idiotic. Very few people would have cared about the review and written it off against the other favorable reviews. But now, he has raised its awareness and given it a life of its own.
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I am the attorney who filed this case. This case was filed because the reviews posted by the patient were not actually reviews or “opinions” of the services provided. The statements made by the patient was LIES (NOT SUPPORTED BY HER MEDICAL RECORDS) intended for one purpose and one purpose only, to negatively affect and impact the physician’s practice of medicine (a livelihood for which he has worked his entire life and has given to his patients dutifully). Look up a neurologist who has earned the designation of FAAN, and you will see that this Fellowship cannot be bought….it is earned. The practice of any person to leave reviews on any business with the intent to PREVENT others from patronizing that business or practice is wrong, and it is wrong in the eyes of the law. With all due respect, the people writing comments on this article in support of the woman who sought to damage this man’s LIFE and LIVELIHOOD, I ask you, “What would you do if the shoes were on your feet?” The rights and liberties that people think they have in this world to impact someone’s ability to earn a living is disgusting. The problem is…people don’t take the time to comment when things are good, they only actually comment when they are unhappy. ITS OK to be unhappy. IT’S NOT OK to claim that a doctor has “misdiagnosed” you when they haven’t!!
I know what I would do, I wouldn’t go to this doctor. Given the patients complaints, and this doctor chose to sue her..just speaks about the doctor’s character. I’ve been in South Florida for over 12 years, I first started out as a medical assistant here…and I have never seen so many mistakes in Healthcare, as I have since coming to FL! I have experienced similar with doing this area..many seem very entitled..and care less and less about patients and their care. I am still in Healthcare here in FL, but not with any doctors here..
I hope this lawsuit comes to bite this Dr in the a**!
I think we need these reviews. It is how we know what the doctors are like from someones personal experience
I agree with you 100%. Many doctors get bad reviews . Are they going to sue the patients because they didn’t like their opinions? That’s absurd. I always check doctors’ backgrounds and reviews , and I also consider the reason for the complaints. The doctor should have had a conversation with the patient regarding the issue . Suing has become the American pastime…
This is why we have Bocanewsnow.com
To give us complaints & compliments
Everyday!
Imagine no news stations never telling
The Truth?
The truth hurts. We can voice our opinions that’s what the reviews are for. If he is such a good doctor then one bad review wouldn’t hurt. FOR A DOCTOR TO SUE A PATIENT FOR THIS IS CHILDISH. If I was the patient I would file lawsuit against the doctor for neglect and misdiagnosed.
Just because someone says something doesn’t mean it’s true humans lie all the time are petty and evil. People make false reviews all the time and when you attack someone’s character and career it can be slander defamation etc if it’s false. She could have asked for pain medication or something and the doctor refused if you hated it why would you refer a friend as well.
Or it could be true. Have had similar experience. Dr maybe should take a good look at the care he’s giving
Very silly and petty legal action. The writer may be a crank or may be spot on. It simply needs to be read in the context with other reviews of this doctor.
all doctors get reviews. And you can check the reviews it lists how many are five star how many are 4 star. etc.. so if somebody wants to look at other sources, such as health grades and yelp, and you read all the reviews and there’s a lot of bad ones, then the doctor has an issue. But it is the way that patients share their experiences and it’s up to new patients to decide how many are good reviews how many are bad and make their own decisions. It NO WAY slander. People are just expressing their freedom of speech their experiences.
I will be watching this case very closely. I have read the plaintiff’s case (attached) word for word.
I have so much to say about this case, but generally: what if every restaurant sued because of a bad review.
The patient went to the proper places to do reviews, websites and such that are set up exactly for those purposes.
Big issue is that plaintiff is claiming that defendant made the comments in an effort to hurt the plaintiff. (assumption)
Bottom line: I wonder what the REAL REASON this Doctor is bringing this lawsuit. I believe there must be more to this, and wonder if it will all come out down the road. Very weird this doctor bringing a lawsuit for negative comments made about his practice.
Why do they have 1 to 5 Stars?
It’s for filing a complaint or
A compliment?
Don’t be a Doctor, if you don’t like
Complaints?
Filing Complaints to BBB doesn’t work!
The doctor probably is suing because nobody is interested in buying his practice and needs the money!
I believe it is rare for a doctor to intentionally be dismissive of a patient or unhelpful with their diagnosis. Nonetheless, there are some who are less helpful causing a patient that is ill having to seek another professional. In such instances the patient should first talk to the doctor about their feelings how they were treated or diagnosed. If the reaction is of denial or even anger then an honest evaluation is required albeit negative. The patient in their complaint must be respectful and specific as they explain the efforts they made to civilly resolve the matter but the doctor reacted unprofessionally. Under such circumstances I do not see a valid reason for a lawsuit, certainly not a successful one, but the patient should recognize they may have to seek another doctor and hope they accept new patients. Bottom line,doctors should not automatically expect a #5 recommendation if a patient has approached the problem in a professional way. On the other hand patients who do not take care of their health, despite medical advice and care, should not expect miracles if they continue being ill or worse and then, in anger, write a bad evaluation.
I’ll never write a review again good or bad.
Can’t Talk?
Can’t Live?
This is U S A not North Korea!
I looked this doctor up after reading this article. Most of the reviews are from several years ago and his rating is 4.3 to 4.8. Not too bad. I use reviews to find good doctors if I don’t have a referral. And I usually look the referral up. Doctors here in Florida need to be reviewed. Many of them are terrible. Around five years ago I saw 12 doctors before I actually got a diagnosis of a very serious infection which required many weeks of antibiotic treatment. I knew I was sick and the doctors did not believe my symptoms.
I am eternally grateful for the opportunity of reading reviews.
Would never go to a doctor who sues a patient.
According to the Florida Bar website,
Nicole Sauvola-LaMay “Nikki LaMay” is a
Member in Good Standing of the Florida Bar and
Eligible to Practice Law in Florida.
Any citizen has the right to sue another for libel or slander in court. If the doctor feels he has been maligned and that the comments this patient has made are lies and misrepresentations of the truth, then, yes, he should sue her for libel.
But, one of the problems with reviews on social media and other outlets, is that many businesses and individuals “pad” their reviews with false positive reviews. This practice should be made illegal.
Most people who use reviews as a guide to decide on a provider or a service read all or most of the review to get an overview of the flavor of the reviews. One poorly written bad review that is totally different than a large number of excellent reviews are generally written off as an “outlier” by a single disgruntled or disturbed patient or customer. Multiple bad reviews tell a different story.
Reviews are an important reference point for patients who are seeking good medical care. It makes part of a much needed checks and balances system for our medical care. I am from Latin America, upper middle class thus fortunate to afford top physicians, yet, I choose to come to the US because of the checks and balances system (I know is not perfect but at least there is one). The monumental problem in Latin America, across the board and medical care is not except from it, is that physicians, most highly qualified, are too “relaxed” with their practices because there is NO accountability. My two cents.
So, am originally from Boston and I had wonderful doctors there, who took their time at every appointment I had. When I moved here I had to looked for doctors (general, orthopedics, Neurologys) and I based on reviews from patients so I can picked the right ones and event that I did noticed that they would not take their time to get to know me and get to know my heath conditions. I asked others (neighbors or friends) if the experience the same about doctors rushing you at their appointments and the answer was yes and this was done because doctors are required to see many numbers of patients here in Florida, I have founded other doctors who take their time.
So, we used reviews as a tool to see doctors, carpenters, plumbers, restaurants etc… if this it’s going to be a tactic for them to sued you then why are there for.
“THAT IS RIDICULOUS “
I’m a business owner. Sometimes people say unfair stuff and you’re powerless. Certainly not a reason to sue someone. And that review wasn’t even THAT bad. People have a right to their opinion good or bad. Most of us now know lots of reviews are fake anyways and it’s unusual to see someone without any bad and a score of 4.8.
I would take this, and other, negative review with a big grain of salt. There are too many people that always have something bad to say and who don’t acknowledge that their own boorish behavior may account for the other person’s negative reaction.
Don’t be fooled by an Ivy League medical degree. You know the old joke, “what do you call the person who graduated last in his medical school class? He is called Doctor”
If this doc didn’t want bad press, he shouldn’t have brought attention to himself by bringing on want seems to be a frivolous lawsuit. I would never have heard his name or read about his poor reviews if he just concentrated on being a better physician and human being.
I agree with the doctor. It is about time already that people who publish lies should be punished. You better be able to back up your facts. When it affects any business, there should be repercussions. If I did not like my doctor, I would just go to somebody else. The only way to find a good doctor is to go to one and make your own opinion. I do not believe the Internet at all. There are lies on positive reviews as well as negative reviews.
I have been using Dr. Silvers for three years. He is very caring, thorough, and takes time with me, answering all questions. Medication is promptly filled. This patients description seems out of character.
Sorry but it’s a two way street. Dr’s don’t have to take on new patients and they can also drop you if you are a chronic complainer. So what gives them the right to do this?
How can someone feel comfortable going to a Dr. that sues a patient for a bad review? What if a patient gets a bad experience with the doctor and now feels scared to post an honest review? Scary times
How can someone feel comfortable going to a Dr. that sues a patient for a bad review? What if a patient gets a bad experience with the doctor and now feels scared to post an honest review? Scary times!!
This is idiotic. Very few people would have cared about the review and written it off against the other favorable reviews. But now, he has raised its awareness and given it a life of its own.
I am the attorney who filed this case. This case was filed because the reviews posted by the patient were not actually reviews or “opinions” of the services provided. The statements made by the patient was LIES (NOT SUPPORTED BY HER MEDICAL RECORDS) intended for one purpose and one purpose only, to negatively affect and impact the physician’s practice of medicine (a livelihood for which he has worked his entire life and has given to his patients dutifully). Look up a neurologist who has earned the designation of FAAN, and you will see that this Fellowship cannot be bought….it is earned. The practice of any person to leave reviews on any business with the intent to PREVENT others from patronizing that business or practice is wrong, and it is wrong in the eyes of the law. With all due respect, the people writing comments on this article in support of the woman who sought to damage this man’s LIFE and LIVELIHOOD, I ask you, “What would you do if the shoes were on your feet?” The rights and liberties that people think they have in this world to impact someone’s ability to earn a living is disgusting. The problem is…people don’t take the time to comment when things are good, they only actually comment when they are unhappy. ITS OK to be unhappy. IT’S NOT OK to claim that a doctor has “misdiagnosed” you when they haven’t!!
Comments are closed.