Right to Yelp, Right to Privacy
Donation protected
We generally feel secure in our rights. That our rights are protected, enforced, that’s its equal for all demographics.
We always think “it would never happen to me...
I am starting this Go Fund Me to raise money to hire a lawyer to defend me. I am being sued by OBGYN Joon Song MD for 1 million dollars over an online review. In the process of this lawsuit, Dr. Song also had my medical records published online.
I did not get a complete annual exam. None of my vitals were taken including my weight. I was not given a physical examination.
A Well Woman's Visit is covered by the affordable care act as preventative care. Preventative care should be covered by my insurance with no copay. Dr. Song charged my insurance for a new patient visit instead, and he charged me a co-pay. He also gave me unnecessary and excessive testing for a condition that I did not go into the office for and that I did not inquire to be investigated.
His office manager had stated on Yelp that they give all new patients this testing although it is excessive and not included in an annual exam. For that reason, my visit was changed, and it never was listed as an annual. The excess cost of the visit was passed on to me because it was not preventative care.
Dr. Song had his staff give me a fake positive diagnosis for a highly contagious, lifelong disease over the phone. The panic and upset caused should have been enough for an apology or some sort of action by the office, but that did not happen. Rather I was called a liar by Dr. Song.
Dr. Song ordered a test that would come out positive for almost anyone and used that misleading test to tell me that I had tested positive for something that I did not have. I was not given the actual test that I had requested.
I wrote a review about my experience of Joon Song's office and his staff. I wrote about the misdiagnosis, the changing of my visit, and the charges for a visit that should have been covered by my insurance.
A few weeks later, with no warning and no communication from the office, I learned that I was being sued.
In the very early stages of the lawsuit, Dr. Joon Song had my medical record posted online on the NY E-File system. My complete medical record was available publicly on the internet to include my mental health, the details of my body (even though I never took the gown off), my bills, my insurance details, my photo, my name, my birthday and my address. All of this was posted. In that same posting, his nurse wrote a written testimony with the details of my visit which was also public. They were public for days I spoke with the judge and got them sealed. They remain on the system to date but can no longer be viewed by the public.
Dr. Joon Song and his lawyers claim that because I shared the details of my positive blood test privately with the court, I waived all rights to my privacy. Dr. Song and his lawyers claim that there is no HIPPA violation and I am further a liar in stating that he had violated my HIPPA rights by publishing my records.
In addition to posting my medical records, Dr. Joon Song refuses any amendment request. His office staff says my medical record is locked. He maintains false information on my record to date.
Dr. Song and his lawyer are actively trying to get me to stop complaining to HIPPA and other disciplinary communities about the false diagnosis, and posting my medical records online. Dr. Song and his lawyer want to ban me from filing any complaints regarding his misconduct. HIPPA states that such retaliation should not be allowed.
When I signed the HIPPA agreement in Dr. Songs office I was under the impression that HIPPA law would be enforced and upheld. My privacy has been violated.
Dr. Joon Song will not settle. I am forced to go through this to the end. He insists that I owe him 1 million dollars for writing a review based on my experience.
I have dealt with this in silence. Going public is not ideal for me, but I feel it is my only choice.
Coming forward is hard for me to do. I never thought I would post this Go Fund Me, but I simply can not afford the cost of defense.
I want this Go Fund Me to symbolize that people are entitled to their first amendment rights and should not be punished for taking advantage of that right. Exercising your first amendment right should not invalidate a patients right to privacy.
If the court awards me any judgment and if I raise enough money to cover my legal fees, then I will donate up to 20% of my winnings after taxes to the following foundations:
10% will be donated to the electronic frontier foundation. This foundation defends the right to free speech on the internet. EFF is working to get government legislation passed to make it harder to bring forth frivolous lawsuits for online reviews. https://www.eff.org
10% will be donated to the American Medical Woman's Association. A group dedicated to advancing women in medicine and improving woman's health. AMWA works to bring under-addressed issues to the national agenda. AMWA is an active participant in setting national health care policy and influencing legislation on women’s health issues.
https://www.amwa-doc.org
Thank you for taking the time to read my story.
We always think “it would never happen to me...
I am starting this Go Fund Me to raise money to hire a lawyer to defend me. I am being sued by OBGYN Joon Song MD for 1 million dollars over an online review. In the process of this lawsuit, Dr. Song also had my medical records published online.
I did not get a complete annual exam. None of my vitals were taken including my weight. I was not given a physical examination.
A Well Woman's Visit is covered by the affordable care act as preventative care. Preventative care should be covered by my insurance with no copay. Dr. Song charged my insurance for a new patient visit instead, and he charged me a co-pay. He also gave me unnecessary and excessive testing for a condition that I did not go into the office for and that I did not inquire to be investigated.
His office manager had stated on Yelp that they give all new patients this testing although it is excessive and not included in an annual exam. For that reason, my visit was changed, and it never was listed as an annual. The excess cost of the visit was passed on to me because it was not preventative care.
Dr. Song had his staff give me a fake positive diagnosis for a highly contagious, lifelong disease over the phone. The panic and upset caused should have been enough for an apology or some sort of action by the office, but that did not happen. Rather I was called a liar by Dr. Song.
Dr. Song ordered a test that would come out positive for almost anyone and used that misleading test to tell me that I had tested positive for something that I did not have. I was not given the actual test that I had requested.
I wrote a review about my experience of Joon Song's office and his staff. I wrote about the misdiagnosis, the changing of my visit, and the charges for a visit that should have been covered by my insurance.
A few weeks later, with no warning and no communication from the office, I learned that I was being sued.
In the very early stages of the lawsuit, Dr. Joon Song had my medical record posted online on the NY E-File system. My complete medical record was available publicly on the internet to include my mental health, the details of my body (even though I never took the gown off), my bills, my insurance details, my photo, my name, my birthday and my address. All of this was posted. In that same posting, his nurse wrote a written testimony with the details of my visit which was also public. They were public for days I spoke with the judge and got them sealed. They remain on the system to date but can no longer be viewed by the public.
Dr. Joon Song and his lawyers claim that because I shared the details of my positive blood test privately with the court, I waived all rights to my privacy. Dr. Song and his lawyers claim that there is no HIPPA violation and I am further a liar in stating that he had violated my HIPPA rights by publishing my records.
In addition to posting my medical records, Dr. Joon Song refuses any amendment request. His office staff says my medical record is locked. He maintains false information on my record to date.
Dr. Song and his lawyer are actively trying to get me to stop complaining to HIPPA and other disciplinary communities about the false diagnosis, and posting my medical records online. Dr. Song and his lawyer want to ban me from filing any complaints regarding his misconduct. HIPPA states that such retaliation should not be allowed.
When I signed the HIPPA agreement in Dr. Songs office I was under the impression that HIPPA law would be enforced and upheld. My privacy has been violated.
Dr. Joon Song will not settle. I am forced to go through this to the end. He insists that I owe him 1 million dollars for writing a review based on my experience.
I have dealt with this in silence. Going public is not ideal for me, but I feel it is my only choice.
Coming forward is hard for me to do. I never thought I would post this Go Fund Me, but I simply can not afford the cost of defense.
I want this Go Fund Me to symbolize that people are entitled to their first amendment rights and should not be punished for taking advantage of that right. Exercising your first amendment right should not invalidate a patients right to privacy.
If the court awards me any judgment and if I raise enough money to cover my legal fees, then I will donate up to 20% of my winnings after taxes to the following foundations:
10% will be donated to the electronic frontier foundation. This foundation defends the right to free speech on the internet. EFF is working to get government legislation passed to make it harder to bring forth frivolous lawsuits for online reviews. https://www.eff.org
10% will be donated to the American Medical Woman's Association. A group dedicated to advancing women in medicine and improving woman's health. AMWA works to bring under-addressed issues to the national agenda. AMWA is an active participant in setting national health care policy and influencing legislation on women’s health issues.
https://www.amwa-doc.org
Thank you for taking the time to read my story.
Organizer
Michelle Levine
Organizer
New York, NY