The news has been out for a week or so. Rural Texas hospital finally sues anonymous blogger that criticized it for over two years. Hospital impact has a highlight and comments from anonyblogger over the last two years.
Now, why would I compare this to the famous Monkey Trial?
Well, both are about (ahem) certain elements in small-town America that are well behind times. Which is not enough for them. They have to have their day in court to prove it and let the whole world know! Back in 1925 it was about teaching this crazy thing called evolution. Now it is about blogger's freedom of speech.
What exactly is Paris Regional accusing the blogger of?
Quoting iHealthBeat's interpretation of the complaint, which also includes claims of HIPAA violations:
Paris Regional Medical Center alleges that on several occasions the blog posted "false and misleading statements with malice." According to the lawsuit, the blogger falsely accused the hospital of criminal wrongdoing in operating and managing the hospital, including Medicare fraud. The hospital added that the statements were aimed to and did harm the hospital's reputation and discouraged business.
The bloggers claimed to receive their information from hospital employees, a contractual breach of the employee labor confidentiality agreement, according to the hospital.
Well, I have news for the lawyers and executives of Essent Healthcare, the parent company of Paris Regional Medical Center. There is plenty of "false and misleading" information on the Internet. You cannot control it, unlike local small-town newspapers and elected trial court judges.
Learn to live with the fact than anyone, anytime and anywhere can say anything they want on the Internet about anyone
What Essent trigger-happy lawyers are doing is attracting national attention and giving credence to allegations of wrongdoing and fraud. To prove that those statements are false you have to prove they are not fact. So why not invite Medicare to look at the books and then publish results of inspection that found nothing wrong? Because otherwise you are just stirring up the publicity that puts pressure on CMS to actually investigate !
Worried you are losing control of your reputation? Well, did you ever have it? Reputation is what others (not you) think and say about you. Now with the Internet every voice will be heard and there is nowhere to hide.
Now about the HIPAA and breach of contract claims
These of course could be more serious - if they were real. As far as HIPAA goes I have not seen what the real breach of patient confidentiality is here. HIPAA is always bandied around as an excuse for just about anything, but only a handful of cases (really flagrant ones) went anywhere. Regarding business confidentiality, maybe there is a legal case here, but leaks occur in every large organization every day and as Hewlett-Packard boardroom saga has shown trying to fight them too hard could really boomerang back at you.
The Prognosis: If Essent presses ahead with litigation, their best-case scenario is Pyrrhic victory, which is really a loss
The allegations are out there already. Nothing short of addressing their substance would help. If a blogger is uncovered and fired, his (her) attacks would only escalate. Sympathetic employees would only have more motivation to keep the leaks flowing. Litigious executives would win no friends.
Like the Monkey Trial, this case is driven by irrationality. Watching the old world of control slip away and being powerless to stop it.
I think "Man of LaMancha" would be more apt.
As I opined at InsureBlog, there is a real danger that even an unsuccessful lawsuit could have a chilling effect on mdbloggers. How so? The court has ordered the (thus far anonymous) bloggers' IP to disclose their identities. For an anonymous blogger, this could be particularly dangerous: I'm not aware of any liability insurance policies which would cover the issues involved.
Food for thought.