Can I complain about a doctor online?

September 11, 2009 6:45 AM

I had an absolutely terrible incident with a homophobic doctor. I have taken all the steps to report him to the local College of Physicians and Surgeons, and I hope he gets disciplined, but that doesn't address the systemic problem of homophobia in family physicians in my area (and it doesn't help me find a less homophobic doctor to switch to). I would like to blog about the incident, contact gay and lesbian associations, etc, but I am worried about being sued for libel/slander/I don't know. Will I get in trouble if I write publicly about this incident? Can I use the Dr's name? I'm in Alberta, Canada.
posted by arcticwoman to law & government (25 comments total)

Will I get in trouble if I write publicly about this incident? Can I use the Dr's name?

These are questions best posed to a competent lawyer.
posted by jquinby at 6:53 AM on September 11 [1 favorite]

I would let your complaints to the appropriate bodies run their course. I would also contact gay and lesbian associations for support and access to any legal resources they may have, but blogging about this while it's in progress seems like a bad idea.
posted by IanMorr at 7:03 AM on September 11 [1 favorite]

I would wait until your other options have been pursued to the end before I blogged about it. I always believed, but I am not a lawyer, that the truth was a good defense for a libel/slander type suit.
posted by JohnnyGunn at 7:08 AM on September 11

You'll have to look into the restrictions that the College of Physicians and Surgeons put on talking about cases in progress; it could well be that blogging about this would be regarded as prejudicing the outcome of the disciplinary hearing. As jquinby says, this may be consult a real lawyer time.

In terms of systemic problems - see if there is an association of LGBT doctors and healthcare workers in Canada (I know there are ones in the UK). They will get this shit every single day at work, and may already have programmes going on that you can lend your support to. Even if you can't mention any specifics for legal reasons, LGBT orgs should be able to offer you general support and advice.

Anecdote alert: all the medical homophobes I've met on this side of the pond have been some shade of seriously religious. Groups espousing religious fundamentalist views in medicine are often well-funded, and have highly oiled publicity machines to make sure they can keep their narrow minded bigotry part of medicine. (Note: being religious doesn't make you a bad doctor, being a narrow-minded religious bigot makes you a bad doctor!)
posted by Coobeastie at 7:18 AM on September 11

Ew, I'm so sorry. This makes me sick.

HRC has some tips and a directory of providers, and it looks like there's some more good stuff here.
posted by Pax at 7:19 AM on September 11

I always believed, but I am not a lawyer, that the truth was a good defense for a libel/slander type suit.

Ignore this.

Find a Canadian lawyer conversant in the relevant laws in Canada.
posted by dfriedman at 7:25 AM on September 11 [1 favorite]

but that doesn't address the systemic problem of homophobia in family physicians in my area

I think letting time pass and completing whatever disciplinary process you've started would make for a stronger blog post. Here's why: there's lots and lots of fuming and ranting on the Internet about doctors.

I'd suggest you wait through the process and then write something to the effect of:

"My family physician made comments to the effect of [whatever], which I found deeply offensive and disturbing. It opened my eyes to the systemic problem of homophobia among family physicians in [whatever area]. I took the following steps: [alerted College of Physicians, etc.]. The process took [however many weeks/months], and in the end the result was [whatever disciplinary action is taken]. Holding this one physician accountable is a step in the right direction, but it is imperative that all Alberta area residents feel safe talking to their doctors and feel empowered to do something about it when doctors express hateful or prejudiced views that may harm patients' access to medical care. I urge anyone who has had a similar experience to contact [local LGBT organization] and [College of Physicians/other disciplinary body]."

Definitely discuss with a lawyer whether you'll need to write "my family physician" or "Dr. John Q. Homophobe," but I think waiting through the process and blogging about the outcome would be a much stronger and more effective call to action than a real-time blogging project throughout the disciplinary project ("No news yet... this is frustrating" is going to inspire fewer people than "It took three months, but the disciplinary committee did X, Y, and Z").
posted by Meg_Murry at 7:32 AM on September 11 [8 favorites]

Human Rights Commission. Find a LGBT advocacy group who can work with you further on what your legal options are. Letter to the editor (not recommending a letter specifically about your doctor, rather one about the more general issue). Call the Physician's Association and ask them if they offer any programs regarding LGBT issues and if they have any kind of advisory board. Call your MP and tell them that you want this issue to be addressed. Regulatory colleges have public members appointed by the government, find out what the College does to make sure their Committees are up to date on queer rights issues.
posted by SassHat at 7:35 AM on September 11 [1 favorite]

I don't know the laws in Canada, but in the US, the truth is almost always a defense.

For example, however, saying that someone is homophobic might get you in trouble, unless they actually told you that they were. Because you are drawing a conclusion- you can't prove the doctor is. On the other hand, reporting what happened- what was said- wouldn't seem to be a problem. And saying that you believed this behavior was homophobic in nature wouldn't be a problem- you are saying what you think about a specific behavior.
posted by gjc at 7:40 AM on September 11

I would suggest that a less punitive and more educational course of action would be your ally here. It sounds a bit like you want your pound of flesh more than you want to fix or improve things; like IanMorr has the right idea here. Best of luck, and I'm sorry you had to suffer this treatment. It seems to me, though, that shaming/humiliating a doctor is more likely to solidify his prejudices (and those of his homophobic community) than effect actual dialogue or action toward a less crappy future.
posted by mr. remy at 7:42 AM on September 11

The first thing you have to ask yourself is whether your goal is to punish this doctor for his prejudice or attempt to improve the situation for yourself and others. It sounds to me like you are angry--rightfully so I'm sure--but anger tends to complicate things.

It sounds like you've taken good steps to report the incident. Perhaps then the best course of action is to figure out which doctors in your area are GLBT-friendly and blog about that. Promote those people that are doing things right. Continue to pursue corrective action against your former doctor through the normal, legal channels, but focusing on helping others in your situation avoid such incidents in the first place seems like a better and less legally ambiguous way to use your time constructively.

Don't get me wrong, I believe all people deserve to be treated as equals and I see the injustice here. But if you are worried about being accused of things like slander it seems like you are taking an approach you aren't completely comfortable with.
posted by Gainesvillain at 8:00 AM on September 11 [1 favorite]

First IANAL. So I cannot say or tell you what the slander laws are in your area. I would talk to a lawyer just to cover your ass.

Second what did the doctor do to you? If it was something serious where you could/might have been hurt then look into malpractice instead.
posted by Mastercheddaar at 8:19 AM on September 11

No, no malpractice. He just tried to convince me that it would be child abuse to force a child into a family with gay parents, and then told me that instead of giving me the drug the fertility specialist recommended, he would suggest I pray to god for a miracle.

Yes I'm angry about him, but most of all I'm angry that I've spent six years in this bloody town and have yet to find a doctor who can look me in the eyes after learning I'm gay. The last guy wrote "Infertile" on my chart. Yes, infertile. No, he didn't do any tests and this was before I had even started trying to get pregnant.

Thanks for all the advice so far, everyone. I appreciate it.
posted by arcticwoman at 8:26 AM on September 11 [1 favorite]

You could start with this site.
posted by jmmpangaea at 8:35 AM on September 11

Don't forget RateMyMD.ca and RateMDs.com if you want to alert other prospective patients to this problem. It's anonymous, and you could save someone from going through what you have.
posted by Pomo at 8:43 AM on September 11

Sorry, didn't see jmmpangaea's link above.
posted by Pomo at 8:43 AM on September 11

...instead of giving me the drug the fertility specialist recommended, he would suggest I pray to god for a miracle.

What the bloody.... ohhhh, Alberta.

You should definitely blog about this, sooner or later, but probably without the doctor's name.

Also.... move?
posted by rokusan at 8:52 AM on September 11 [1 favorite]

I sympathize with your situation, but I don't think it's fair to blog about a doctor unless they've actually hurt you because they're precluded from defending themselves as a result of doctor-patient confidentiality. He can't say, "no, here's my perspective on what happened." Continue with your complaint, talk to gay/lesbian groups to find a better doctor, but don't blog about him.
posted by Dasein at 9:32 AM on September 11

I would do two things:

First, write a memo to yourself, being as precise and as specific as possible with respect to what you are concerned about. Memories fade over time, but memos last forever.

Second, don't do ANYTHING with respect to publicly communicating this information to ANYONE else until you have talked to an appropriate counselor privately and personally, so that you can get dispassionate feedback about the best goal(s) to pursue.
posted by Mr. Justice at 9:42 AM on September 11

I don't know about the law in Canada. In the US you can pretty much get sued for anything, it's a matter of whether you can win or not. But bear in mind if this person decided to try to use the law against you I'm guessing he would have more material resources to throw at that than you would. Honestly I think there's a good chance you would not suffer repercussions, but there is not guarantee.

Maybe tackle your (entirely justifiable) anger by taking on something more constructive, like searching for/promoting gay-friendly doctors and clinics in Canada? I found this via this article, for example, they do have some listings in Canada. I'm sure there are others. Maybe there needs to be a gay, Canadian Angie's List. Just telling your story without naming names could be a compelling example to encourage people to promote and maintain and build these kinds of resources.
posted by nanojath at 10:08 AM on September 11

I've spent six years in this bloody town and have yet to find a doctor who can look me in the eyes after learning I'm gay

Wow, this is horrible. I still think you should wait through the disciplinary process before writing anything about this specific doctor (by name or otherwise), but I wonder if you could get started right away on another angle.

What if you started a blog about the long-term situation you're experiencing? No doubt you aren't the only person in your area whose concerns could be addressed in a blog that:

- Identifies LGBT-friendly physicians*
- Describes patients' options with regard to filing a complaint with disciplinary bodies
- Is connected with a local or national LGBT organization that can offer legal and social support

*I don't know about the legality of this aspect--it would probably make sense to do this in partnership with a larger organization that has a legal department
posted by Meg_Murry at 10:11 AM on September 11

I would say, there is no way you are going to get into legal trouble for writing about his publicly if you don't name names. Publicizing the problem could be a more important goal than punishing the specific Doctor, and your actions to report his unprofessional conduct have probably done about as much as can be done in that regard.
posted by nanojath at 10:12 AM on September 11

In the meantime to make yourself feel better... there is a blog called First, Do No Harm where people write in with their stories about doctors who have discriminated against, humiliated, or misdiagnosed them because they are obese. Perhaps there is a gay equivalent blog (if you know about it please post here for arcticwoman!) and you could not mention your location, name, or doctor's name but just write about the experience?
posted by IndigoRain at 2:24 AM on September 12 [1 favorite]

Are there no LGBT organizations in Alberta? This guy needs some protesters in front of his practice yesterday. Boycott, disruption, and civil disobedience are needed. Being nice will probably not get this done.
posted by hworth at 5:41 AM on September 12

You don't specify what town you're in, but I know that the Pride Centre in Edmonton has been involved in a lot of advocacy work (with regard to queer adoptive parenting in particular) and will probably have a lot of good advice. Hopefully, they can also hook you up with someone local that can help, too.
posted by Kurichina at 9:05 AM on September 14