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Med Mal News

By ALM Staff | Law Journal Newsletters |

Website Slanders Doctor and Must Come Down

A New York state judge has issued a preliminary injunction to stop the operation of a website set up by medical malpractice plaintiff Arye Sachs, because it slandered a doctor by comparing him to Nazi doctor Joseph Mengele. The latter was a doctor at Germany's Auschwitz concentration camp during the Second World War; he was the most notorious of the team of doctors that decided which prisoners should work, which should be subjected to medical experiments; and which should be killed in the gas chambers. Justice Arthur Diamond found that the medical malpractice plaintiff's website's comparison between Mengele and Dr. Richard Matano was not a “protected qualified privilege.” The judge deemed the man's statements “bald” and “reckless” and concluded they were made “in disregard of the truth.”

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