Friday, August 11, 2006

The Legality of Web "Blacklists"

Findlaw columnist Julie Hilden discusses practical and legal implications of web-based lists of med mal claimants, doctors, lawyers, etc. The Legality of Web "Blacklists" (Aug. 1, 2006).

Her example is, which lists medical malpractice plaintiffs who have lost jury trials or settled their cases. The site (it wasn't available when I checked) apparently encourages doctors to avoid treating the plaintiffs -- at least for elective procedures -- and encourages the unsuccessful plaintiffs to sue their attorneys.

Hilden observes that sex offender lists may invite viewers to equate all offenders listed -- e.g., an 18-year-old convicted of statutory rape after having consensual sex with a teen partner with a 54-year-old child molester. She says that the solution is more information, not less. Likewise, she acknowledges the potential for improper use of a list of med mal plaintiffs, but says that, again, more information could address the problem -- e.g., if defendants had a right to post replies.

Thanks: beSpacific.

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