Dentist Says Open Wide and Keep Your Mouth Shut
A patient has sued his dentist over a contract that prohibits the patient from posting any comments about the dentist on the Internet.
The complaint alleges that the dentist requires all her patients to sign a “Mutual Agreement to Maintain Privacy” before any dental work is performed. Under the agreement, the patient assigns all copyrights that may exist in written, after-the-fact criticisms or comments about the dentist’s services.
The patient alleges in his complaint that he went to the dentist for a toothache. Before performing any treatment, the dentist required the patient to sign the privacy agreement. The patient signed the form, and the dentist drained the patient’s infection and later filled the tooth at a cost of over $4,000. Later, the patient found out that the normal cost of such a procedure was $200. In addition, the patient alleges that the dentist failed to send his records to the proper insurance carrier for payment.
The patient then posted comments about his treatment on Yelp and DoctorBase. The dentist sent a take-down notice to the websites invoking her copyright ownership to the material. The dentist also sent a $100 a day bill to the patient for posting the comments in violation of her copyright under the privacy agreement, the complaint alleges.
The patient filed a declaratory judgment action complaint seeking a declaration that the comments fall under the “fair use” exception to the copyright law, that there was no consideration given in exchange for the patient signing the privacy agreement, that the privacy agreement is unconscionable, and that the statements are not defamatory. The patent is seeking class action designation because the dentist required all of her patients to sign the privacy agreement.
Lee v. Makhnevich, U.S. District Court, Southern Dist. N.Y. No. 11 CIV 8665.