CHICAGO, Nov. 29 (UPI) -- A Chicago plastic surgeon is suing three former patients for negative comments made on Internet sites about him and his work, his lawyer says.
Mitchell Marinello, has filed three $100,000 suits in Cook County (Ill.) Circuit Court on behalf of his client, Dr. Jay Pensler, alleging three women, Elaina Bender, Lisa Cuevas and another unnamed patient, tried to "ruin the professional reputation of a well respected plastic surgeon, through false and defamatory statements," ABC News reported Monday.
The women allegedly posted comments on Yelp and Citysearch, which have since been removed, calling Pensler "dangerous," "ruthless," a "liar" and "horrible."
Bender, who allegedly posted her comment under the name "john n," wrote about the work done on the breasts of a girlfriend and sister, "They both will have to have surgery AGAIN to FIX HIS HORRIBLE, disfiguring work. I feel very bad for both of them, really."
Marinello subpoenaed Yelp and Citysearch to find the women behind the comments on the sites, ABC said.
Bender's attorney, Carol Oshana, said her client was embarrassed but wanted to warn other women about her experience.
"She was humiliated by the results of her breasts," she said. "Her breasts are just horrific."
Many others have posted comments concerning Pensler's work -- mostly on breasts.
Courts have upheld that "liar" can be considered defamatory, Oshana said. And while it's disputed that calling someone is "dangerous" is fact or opinion, it could be argued that "dangerous" is also defamatory, said Danielle Citron, a professor at the University of Maryland School of Law said.
Internet sites such as Yelp and Citysearch are under no legal obligation to remove potentially defamatory or harmful comments, Citron said.
