Topic: Do I sue?

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MedScribe Posted – 7/26/2007 1:22:38 AM | show profile
A few days ago I wrote an article for a major newspaper in which I interviewed several experts on a medical condition. No sooner was the story out and one of the experts, a world authority on the condition, sent me five nasty e-mails, saying I had misquoted him, the article was horrible and his critics mean. Well, luck was on my side. The interview was done entirely via e-mail, so I e-mailed his own comments back to him, which matched exactly the comments that wound up in the newspaper. I also cc'd it to my editor.
(The newspaper is standing by me as a result of this e-mail trail.)

The doctor has not contacted the newspaper following this exchange but he is circulating his comments about being misquoted to other experts in his field (including one I have just interviewed) as well as public affairs folks. He also lambasts the article -- and me -- on his Web site.

What should I do? Frankly I don't think the newspaper cares about its freelancers and I don't want to contact this jerk ever again. But I don't like the fact that he seems to be getting away with his very public smear campaign, which is based on his flagrantly false accusation that he was misquoted.

Would love to get some thoughts from those who have been there.
writesonwater Posted – 7/26/2007 2:42:09 AM | show profile
I'm not an expert, so don't rely on my advice!

Maybe a cease-and-desist order?? I'm not sure. If his lawyer was provided with copies of the email, the paper backing you up, etc -- maybe that could be pulled off. I'd also ask for my legal costs?

Or maybe you could provide him a copy of the interview and say that legal recourse wll be your next step, if he doesn't quit??

That worked for a friend of mine, now that I think about it -- circumstances were different, but he found out the former publisher of a paper he had worked hard for was running his name into the ground every chance he got.

He actually called the guy and said "You know it's not true, others know it's not true, and I will take it to a lawyer if you don't stop."

The guy folded like a cheap card table.

I would think you do have to do SOMETHING. As to what that would be, collect opinions and follow what appears to be best wisdo. Good luck, I feel for you.

anonamice Posted – 7/26/2007 5:44:26 AM | show profile
do nothing
do nothing. its only on the guy's website. move onto your next story
Mag Girl Posted – 7/26/2007 8:26:12 AM | show profile
anonamice, it's not only on the guy's Web site- did you even read the post? The source is telling a lot of people. If MedScribe is a medical writer, then his (sorry, don't remember if you're a male or female!) reputation could be damaged and people might not want to work with him in the future if they think he misquotes people.
writesonwater Posted – 7/26/2007 8:37:20 AM | show profile
I think Mag Girl's right. Maybe try the 'call him (or his attorney, if you know who that is) and remind him of the records and threaten legal action and/or exposure if he keeps flapping his lip' approach?

It worked for my friend ...

LoDo Posted – 7/26/2007 9:44:45 AM | show profile
I agree with everyone: Get a cease and desist order, pronto. You were smart to have everything in writing.

As an FYI, I've recorded my interviews (with permission) for years, in addition to email exchanges, and I have had zero problems. Plus, I belong to the National Writers Union. Their grievance committees and services are priceless.



------
Lori
WordyBird Posted – 7/26/2007 10:31:58 AM | show profile | email poster
I can't say I've been there, so I'm just throwing my support behind you. Doesn't he know the appropriate way to grouse about an article is through a letter to the editor? Oh, wait, you wrote the truth, and the truth hurts, apparently.

Methinks all this bigmouth will need is a sharp warning from an attorney. I mean, if it's on his web site, it's published. I'm sure an attorney can explain to him what libel and slander are.

I will say this, I'm curious about who it is--so I can avoid using him as a source! E-mail is on if you're inclined.
bjoconnorfla Posted – 7/26/2007 11:10:07 AM | show profile
Lawyer's letter is good advice, I would also ask your editor (or a higher-up) to contact the guy, too, even if it's just email.

I also would post the corresondence and a note about it on your own web page, if you have one. You don't want some prospective client or boss Googling you two years from now and only finding this crap from this disgruntled jerk saying you're unethical and incompetent.


seeattleme Posted – 7/26/2007 12:11:17 PM | show profile
Start by sending a letter from a lawyer, detailing your proof/complaints. Don't write the letter yourself, have he/ she write the letter.
dribbledrive1 Posted – 7/26/2007 12:43:16 PM | show profile
--Doesn't he know the appropriate way to grouse about an article is through a letter to the editor? --


Maybe that was true in the old days, but now anyone with a web site can respond to an article by posting on their own web site and firing hundreds of emails. And there's nothing wrong with that. What's wrong if, as is apparently the situation here, the guy is slandering and libeling someone, and potentially damaging their reputation. I think people have made good suggestions. I certainly would contact the guy directly and consider talking to a lawyer about suing him, if necessary. And, if I did that, I would carefully document everything, including collecting the responses I got in this forum, because I would try to sell the incident to a journalism magazine.
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