Judge Orders Stay of Defamation Case Pending Board of Dentistry Review
Released on = March 31, 2006, 10:43 am
Press Release Author = Benjamin W. Glass, III & Associates, PC
Industry = Small Business
Press Release Summary = Fairfax, (VA) Circuit Court Judge Kathleen H. MacKay today ordered a stay of a defamation lawsuit filed by a local dentist against three former employees of his practice. The Virginia Attorney General's office had asked for a stay of the $700,000 Fairfax County lawsuit filed late last year
Press Release Body = Fairfax, (VA) Circuit Court Judge Kathleen H. MacKay today ordered a stay of a defamation lawsuit filed by a local dentist against three former employees of his practice. The Virginia Attorney General's office had asked for a stay of the $700,000 Fairfax County lawsuit filed late last year in which the dentist alleges he was defamed after one of the employees filed a complaint against him with the Virginia Board of Dentistry.
The Virginia Board of Dentistry will take up the matter in a public hearing currently scheduled to take place on June 16, 2006. The stay will be in effect at least until that date.
In the lawsuit, Farid A. Zurmati, DDS, owner of Kingstowne Family and Cosmetic Dentistry, alleges that a former office manager "made numerous allegations against [him]" that were false and defamatory and that as a result, he has suffered "personal humiliation, mental anguish and injury to his business." The lawsuit also alleges that the former employees conspired with each other to willfully injure Furmati's reputation. The former employees have vigorously denied the allegations.
Benjamin W. Glass, III, attorney for one of the former employees said: "My client made a confidential complaint to the board of dentistry after she witnessed several incidents in the office. We are pleased that Judge McKay stayed the lawsuit pending a full hearing by the Virginia Board of Dentistry. Citizens should feel free to file confidential complaints regarding patient safety without fear of being sued. This lawsuit will have a real chilling effect on the Board of Dentistry's efforts to investigate complaints filed against Virginia dentists and will likely frighten other consumers who are contemplating making these types of complaints."
The defendants and the Commonwealth of Virginia have also moved to dismiss the case entirely. The motion will be taken up after the stay is lifted, later this year. No trial date has been set.
Mr. Glass is a medical malpractice and personal injury attorney in Fairfax, VA. Pleadings in this case are available. The case is Zurmati v. Gailliot, Fairfax, VA Circuit Court, No. CL-2005-5555
Web Site = http://www.BenGlassLaw.com
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