Blogger suit in Paris, Tx goes after anonymous

Houston Chronicle:

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Since March 2005, The-Paris-site blog has been relentlessly critical of the business management and health care provided by the Paris Regional Medical Center, owned by Essent Healthcare Inc. of Nashville, Tenn.

"Quality issues are in play, patients are avoiding the facilities unless they have no choice, and employees are only staying because their families anchor them, not because of any loyalty to Essent," is a mild example from an April blog posting.

The blogger identifies himself under pseudonyms of fac_p and Frank Pasquale. Most blog commenters — some of whom appear to be hospital employees — are anonymous.

In June, Essent filed a defamation lawsuit in state district court against "John Does 1-10" for postings and comments made on the Paris blog, which the suit says has had 169,272 page views "from sites throughout the United States and the rest of the world" since it began. The lawsuit also claims patient privacy was violated under the federal Health Insurance Portability and Accountability Act, HIPPA.

"We understand and respect the blogger and general public's right to voice their opinions about PRMC and welcome constructive criticism," the company said in a statement issued this week.

"However, the method used by the defendants is wholly unacceptable. It is a cowardly infringement on the confidentiality rights of PRMC patients and an unwarranted attack on the reputation of the hospital."

The company claims in one instance, the blog posted enough information on a patient death to identify the patient before the family was notified.

Essent asked District Judge Scott McDowell to order a Dallas Internet Service Provider to release the blogger's name. Federal law bars an ISP from releasing the name of a customer without a court order. McDowell on Monday notified lawyers for Essent and for the blogger that he will be issuing such an order within the next week.

"The only thing this might do is silence an open criticism of Essent's method of doing business," fac_p said on the blog in reaction to the judge's notice.

Fac_p said on his blog that what Essent really wants is the names of hospital employees who have posted comments on his site or given him information. Rodgers said these employees could be considered whistle-blowers.

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I am not a fan of anonymous blogs or comments. They tend to mistake insult for logic and reasoned argument, and they also have a tendency toward the profane. That is one reason that I moderate comments on this blog. I think if you have a complaint about a company or its way of doing business, you should have the courage to discuss it openly and hear the other side. That is the way issues get resolved. If the comments are from "whistle blowers" they should take their complaints to the state regulatory authorities for a professional investigation.