profession

Doctor denied more damages from medical association

NEWS IN BRIEF — Posted June 17, 2013

Print  |   Email  |   Respond  |   Reprints  |   Like Facebook  |   Share Twitter  |   Tweet Linkedin

A federal court has rejected a physician’s request for additional damages against the American Academy of Orthopaedic Surgeons related to his claim that the association published an unfavorable article about him.

California orthopedic surgeon Steven Graboff, MD, sued the AAOS after it suspended him for allegedly giving improper expert witness testimony in a medical negligence case. His claims included publication in a false light, defamation and interference with prospective contractual relations.

In May 2012, a jury said the society falsely portrayed Dr. Graboff in a publication that detailed his discipline. He was awarded $196,000. The AAOS appealed to the U.S. District Court for the Eastern District of Pennsylvania, which upheld the award in March.

After trial, Dr. Graboff filed another action against the association seeking declaratory relief monetary damages. The doctor said the AAOS was acting with “continued tortious conduct” because it would not remove from its website the offending article.

In its May 3 opinion, the U.S. District Court for the Eastern District of Pennsylvania ruled that Dr. Graboff received his legal remedy for the false light claim when the jury awarded him $196,000 in damages. Thus, under Pennsylvania law, the plaintiff seeks impermissible injunctive relief for a false light claim, judges said. The court said it cannot order the association to remove the article from its website (link).

Back to top


ADVERTISEMENT

ADVERTISE HERE


Featured
Read story

Confronting bias against obese patients

Medical educators are starting to raise awareness about how weight-related stigma can impair patient-physician communication and the treatment of obesity. Read story


Read story

Goodbye

American Medical News is ceasing publication after 55 years of serving physicians by keeping them informed of their rapidly changing profession. Read story


Read story

Policing medical practice employees after work

Doctors can try to regulate staff actions outside the office, but they must watch what they try to stamp out and how they do it. Read story


Read story

Diabetes prevention: Set on a course for lifestyle change

The YMCA's evidence-based program is helping prediabetic patients eat right, get active and lose weight. Read story


Read story

Medicaid's muddled preventive care picture

The health system reform law promises no-cost coverage of a lengthy list of screenings and other prevention services, but some beneficiaries still might miss out. Read story


Read story

How to get tax breaks for your medical practice

Federal, state and local governments offer doctors incentives because practices are recognized as economic engines. But physicians must know how and where to find them. Read story


Read story

Advance pay ACOs: A down payment on Medicare's future

Accountable care organizations that pay doctors up-front bring practice improvements, but it's unclear yet if program actuaries will see a return on investment. Read story


Read story

Physician liability: Your team, your legal risk

When health care team members drop the ball, it's often doctors who end up in court. How can physicians improve such care and avoid risks? Read story