defamation

[d_bradley]

I am a physician who had recently met the daughter of a patient. The patient 's daughter ( not a medical person) did not think that my staff and I were doing everything possible to help her father. I had previously dealt only with the patient and his wife regarding treatment issues. The daughter came in at the next appointment and stated in my office hallway ( in earshot of patients and staff) that I was a "quack". I am board certified in my specialty, have a valid license in my state, and have a clean record with my state medical board. The daughter has insisted that my patient find another doctor although I have been with him for a number of years. I harbor no ill feelings toward the patient or his wife for the daughter's actions. Do I have a valid claim for defamation of character?

 

[cbg]

No. The daughter stated her opinion, which is protected speech, and in addition you have suffered no damages. You cannot claim defamation on the basis of what you have posted.

 

[d_bradley]

The daughter did not state that this was her opinion. She stated it as a matter of fact. I have lost one patient (and possibly more as I was also seeing other members of the family) due to her statement. She came into my place of business and denigrated my professional reputation in front of other patients and my staff-accusations that I can prove are false. Can you still say this is not defamation?