On Wednesday, Chief Judge Thomas Kleeh (N.D. W. Va.) made a decision in Balise v. Jackson, which arose from a “consensual romantic relationship” between a surgical resident at West Virginia University (the plaintiff) and a registered nurse (the defendant).
The plaintiff claimed to have ended the relationship in March 2022 and started a new one shortly after. However, the defendant allegedly made false reports to Ruby Memorial Hospital in August 2022, stating that the plaintiff was an alcoholic, had a medical condition due to alcohol abuse, was treated for alcohol withdrawal with Benzodiazepines, had alcohol removed from his apartment multiple times, made patient care decisions based on the defendant’s work assignments, and encouraged the defendant to get tested for a sexually transmitted disease after their relationship ended. These false statements led to the termination of the plaintiff’s privileges at Ruby Memorial Hospital and his employment at West Virginia University, damaging his professional relationships.
Balise sued Jackson for defamation and tortious interference with business relations, and the court allowed the claim to proceed. The court examined whether the statements made were constitutionally protected opinions or provably false facts. The court determined that statements one through four regarding the plaintiff’s alleged alcoholism could be considered opinions or facts depending on the circumstances, while statements five and six were deemed provably false facts.
The court concluded that discovery was necessary to prove the falsity of the statements and allowed the defamation claim to move forward.
The article “Grey’s Anatomy Goes Bad” provides further analysis of the legal implications of the case.
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