Court rejects defamation case against doctor

Ormond Beach Observer

An appeals court Friday rejected a defamation lawsuit filed by a patient against a physician, saying it involved allegations of medical malpractice — not defamation.

A three-judge panel of the 2nd District Court of Appeal overturned a circuit judge’s ruling in the lawsuit filed by Judy L. Hoffman against physician Alan B. Halsey, an asthma, allergy, and immunology specialist.

Hoffman sued Halsey for defamation, slander and intentional infliction of emotional distress, alleging that the physician falsely “labeled” her with a mental or psychiatric disorder and shared the information with her primary-care doctor and included it in her medical records, Friday’s ruling said.

The diagnosis involved what is known as “factitious disorder.”

Halsey, however, argued the lawsuit should be dismissed because it involved allegations of medical negligence, not defamation.

State law requires plaintiffs in medical-malpractice cases to follow a notice process before filing lawsuits. Halsey contended Hoffman’s lawsuit should be dismissed because such a notice was not filed.

While a circuit judge declined to dismiss the case, the appeals court ruled that the case involved alleged medical malpractice and should be dismissed because of a lack of notice.

“The crux of Hoffman's claims is that Halsey was not qualified to render that (factitious disorder) diagnosis, he did not perform tests that would support such a diagnosis, he wrongfully labeled her as having that disorder, and he wrongfully shared his diagnosis with other physicians orally or in her medical records,” said the ruling, written by Judge Morris Silberman and joined by Judges Craig Villanti and Daniel Sleet.

“Despite her effort to characterize the claims as something other than medical negligence, the claims are based on Halsey’s diagnosis or misdiagnosis of factitious disorder while he was providing medical care or services to Hoffman; his conclusion as to Hoffman’s condition required the use of professional judgment or skill in reaching a diagnosis.”