Way to ruin your rep, sue your own customer and get into a major paper. Nice lawyer too, sounds like he's right up there with the guys that tried to sue Craigslist over classifieds people posted.

"Sue first, talk later."

Yup, sounds like a true-blue American.

Then again, the parents should have contacted the dentist before leaving a negative review.

I find both parties acted like fools.

*Cue catchy theme song*

@Keavy_Rain: while I have to agree, she did say she's not doing it for money. Though that remains to be seen I guess.

I charge both parties with incompetance

So wait... they admit the fillings had mercury in them, and there is no way to prove their son wasn't feeling light headed. So where is the libel suit in that?

If you are suing one (posters) it doesn't cost that much more (process serving, basically) to add more (Yelp).

While it is ridiculous to do so, it is also her only choice, so I don't blame her for the attempt. If you are trying to run your own business, and you have this out there, you gotta get it gone. If requests for removal didn't work, what else is she really supposed to do.

Again, I don't condone the suit ... but I understand why she felt she had to do it.

So.. if I have a negative experience at Best Buy, post about it at a forum, Best Buy could potentially sue me for libel?

Hey. What ever happened to the $5 I gave to MonsterMiniGolf (now that Monster Cable is paying their legal fees)? Maybe MonsterMiniGolf could give this couple a hand in fighting the bad dentist, Yvonne Wong, in court?

Wait. They complained about leaving the dental office high off of Nitrous?
What IS this world coming to?

@Geekybiker: I think many Americans fail to realize that it isn't libel if it's true.

@Keavy_Rain: furthermore, maybe she is just suing them to be "that person" (bitch) or maybe she's just suing because she figures that's her only recourse to get stupid people to retract blatent lies? What's worse?

Makes me want to sign up with this dentist, post-haste.

@Keavy_Rain: I'm not sure. I don't contact every restaurant that gave me bad service before posting a negative review. When you provide a service, you have to realize that if you don't do it well, you may get criticized, and sometimes in a public forum.

Though it wouldn't have hurt to contact the dentist, it may not have been worth going through the hassle, especially since nothing life-threatening was going on.

@obamaramallama: Anyone can sue you for just about anything they want. However in the US the truth is a absolute defense against libel. Their lawyer should have told them as much. However they were probably hoping the family would just be scared and pull it anyways.

@downwithmonstercable: Wow, the Streisand Effect strikes again.

I've been seeing a lot of stories like this recently, perhaps this calls for a Streisand Effect tag?

@madog: I don't buy the "not doing it for the money". Suing is about collecting money, plain and simple. Anyone who claims otherwise is misusing the civil court system, which is only about money.

The lawyer for the plaintiff is claiming libel, even though they are admitting that mercury was used in the fillings. OK, so both the defendant and plaintiff agree that mercury was involved. In that case, the defendant stating that fact is not libel - it's simply a statement of fact. Libel is intended to prevent *untrue* statements from being presented as fact. Therefore, from my read of the case, the plaintiff (again, IMHO) is misusing the court system, and his or her attorney doesn't understand the libel laws.

And, finally, IANAL.

@SwahaCrane:

More importantly what happened to your $5 after Monster Cable paid off the legal fees of MonsterMiniGolf.

I wonder if MonsterMiniGolf stuck the money in their pocket?

I hope I am light headed after I see the dentist. It is a good sign. It means I am still alive (too much NO2 will kill you) and I most likely didn't feel too much pain. All positive.

@Travis Estell: Apparently so do a few lawyers.

I'm surprised she got someone to take her case.

Yow. She's getting hammered on Yelp right now. Regardless of how her lawsuit turns out, the court of public opinion has dropped the hammer of justice on her.

Don't forget an additional cost: paying for Yelp's costs in defending the suit once they prevail in demurring to the complaint.

@Corporate-Shill: They donated it to the Ronald McDonald House charity.

The original review from Yelp has been neutered down to "Dr Chui, who shares the same office with Dr Yvonne Wong, is very nice."

The original compaint, however is still in Google's cache: [74.125.77.132]

Reading it does clear up the issue a bit. Looks like the parent heard after switching to a new dentist that a) the metal fillings contains a small amount of mercury and b) nitrous oxide causes nerve damage to children.

I am neither a dentist or a lawyer, so I can't say whether these statements are true or not. However, the only way I could understand either of these statements as even potentially libelous is if they were a) not considered safe and acceptable forms of treatment for a small child and b) not actually administered to the child.

Ah, America's favorit pastime: Lawsuits.

Who doesn't know that default fillings contain mercury?

Can someone state something credible about one's freedom to post a negative comment about a practice or contractor on a site like Yelp or Angieslist without being sued? It's an interesting situation.

@jdmba:
"If requests for removal didn't work, what else is she really supposed to do."

Umm, raise her Yelp rating by offering her remaining customers awesome medical service and then politely asking them to write her a review?

(In other words, live with the bad review that she may very well have earned.

@Inail: Well, nothing can ever stop you from being sued, like, ever.

But as far as libel is concerned, you are fine as long as what you write is:
a) True
or
b) False, but not knowingly and provably false.
IANAL

@humphrmi: The thing is, libel suits are incredibly expensive and the success rate is low. If you're in it for the money, you wouldn't sue for libel.

Of course, it's only expensive for the client.

@Inail: There is no absolute freedom to do anything. You can be sued for just about anything. The whole question is whether it'll get thrown out of court or not. Certainly if you your post is materially false and defamatory, you could be held liable for it. You could always claim it was hyperbole or that a reasonable person wouldn't have taken you seriously, but you would still have to defend yourself.

here is the yelp link to the dentist http://www.yelp.com/biz/wong-yvonne-dds-foster-city

"Terbeek said he probably will dismiss the charges against Yelp because he wasn't aware when he filed the suit that Web sites publishing third-party content are protected under U.S. law."

Dumbass lawyer.

How's your reputation doing now, Yvonne Wong? I wonder how long before a search on google for Yvonne Wong turns up this Consumerist article instead of linking to her website: [www.yvonnewongdds.net]

Two things...

1) all "metal" or "silver" fillings have some mercury in them; and

2) I refuse to see a dentist that doesn't have the gas ready for me when I get there.

Does anyone EVER go to the people they have an issue with before they go to the lawyers?

@Travis Estell: Correct, Travis. Truth is a defense to both libel and slander.

@vmxeo:

and to answer my own questions...

use of nitrous oxide with children: [www.aapd.org]

use of dental amalgam in children: [www.aapd.org] and [www.fda.gov]

In short, NO2, ok. Dental amalgam, maybe/maybe not, discuss with dentist or qualified health professional.

Wait a minute- these parents were upset because they didn't know the fillings contained something they signed a form acknowledging it contained? And because laughing gas did its' job?

And this dentist sued them over a laughingly-stupid but technically accurate review on a website that has (at most) limited effect on her reputation?

Buckets of FAIL all around.

um if you don't get acrylic fillings they contain mercury. this is explained during the consultation of which filling you want. It has also been determined that the amount of mercury in a filling would not be enough to adversely affect a person.

So, on top of the parents being morons, or choosing the cheapest option, then being upset. The dentist is also a moron for thinking that they can sue a person for being upset by what they agreed to.

Happens every day of the year. There is no reason to sue someone about it though.

Dentists give you options, its your choice. Just don't bash the dentist after the fact. I am sure they also offer an option of an injection, topical or the laughing gas. Some people just don't want a needle. Dentists are licensed to use all three options when they feel it is necessary and will explain the procedure to you.

"apparently unaware that web sites publishing third-party content are protected under federal law."

can someone link me to a copy of this? I know of several forums that claim they control postings because they can be sued for things users post....

@valarmorghulis: I agree..a Streisand Effect tag would be a great idea.

Also, just to be nitpicky -- I think that should be one-star rating, not one-star review...the rating is the aggregate of all the reviews this dentist has received, whereas "one-star review" makes it sound as if the dentist has a single review giving one star (the unhappy parents'), without indicating if there are a hundred other five-star reviews, or none, or what.

I'd rather my child get a carefully controlled dose of laughing gas, under medical supervision, than hurt himself being terrified of the drill and moving around or putting his little hand up to push the drill away! Sometimes kids HAVE to be sedated to have dental work done, for their own safety.

Most fillings contain trace amounts of mercury. Many dentists question their safety during a sales pitch to sell people the more expensive "mercury free" options, even though it's well established that the regular ones are just fine. If you want to pay more for those, it's a free country. But the regular ones are fine.

There is sometimes more mercury in local drinking water than a person would be exposed to with dental fillings. All it takes is for one thermometer to break to pollute a whole lake. I'd be more worried about things like that than having a cavity filled.

@obamaramallama: they can sue you, but they probably won't win

I wrote a lukewarm review on trip advisor pointing out some broken amenities at the hotel and got a scathing hate mail back from someone from that hotel.
I didn't even know that trip advisor had the ability for someone to message reviewers. It does make me a bit concerned over retribution for reviews even when they are 100% truthful.

@jdmba: it was far from her only choice. Rather than try to discuss the issue with the family, offer compensation, try to smooth things over with no preconditions other than trying to make sure that the customer is taken care of.

This is the issue with doctors running their own businesses and administering their own clinics. They are over-paid, self important, all knowing egotists. Their idea of customer service is forcing you to sign a waiver.

Maybe their lawyer is the jackass ex-judge with the pants lawsuit in DC

@Keavy_Rain: I disagree, why did the parents have to contact her? Unless they had an issue they wanted clarified or had something to sort out, then I don't think talking to the dentist can always solve things.

We had a horrible experience with a peds dentist and I did post about it online. I don't feel like I needed to contact him since it was clear the situation was a mess. I felt like canceling scheduled future business with him was enough of a sign.

Just in case it goes away forever elsewhere, here is the review:

Wong Yvonne DDS

Foster City, CA
1 star rating
09/10/2008

Let me first say I wish there is "0" star in Yelp rating. Avoid her like a disease!

My son went there for two years. She treated two cavities plus the usual cleaning. She was fast, I mean really fast. I won't necessarily say that is a bad thing, but my son was light headed for several hours after the filling. So we decided to try another dentist after half a year.

I wish I had gone there earlier. First, the new dentist discovered seven cavities. All right all of those appeared during the last half a year. Second, he would never use the laughing gas on kids, which was the cause for my son's dizziness. To apply laughing gas is the easiest to the dentist. There is no waiting, no needles. But it is general anesthetic, not local. And general anesthetic harms a kid's nerve system. Heck, it harms mine too. Third, the filling Yvonne Wong used is metallic silver color. The new dentist would only use the newer, white color filling. Why does the color matter? Here is the part that made me really, really angry. The color tells the material being used. The metallic filling, called silver amalgams, has a small trace of mercury in it. The newer composite filling, while costing the dentist more, does not. In addition, it uses a newer technology to embed fluoride to clean the teeth for you.

I regret ever going to her office.

P.S. Just want to add one more thing. Dr Chui, who shares the same office with Yvonne Wong, is actually decent.

People thought this was:

Useful (1)

Lets hope they dont sue me!

@valthun: Yeah, I see failure all over here.

Parents for not signing something without reading/understanding the procedure.

Yelp for allowing negative reviews based on ignorance with no way to have them clarified.

Yelp audience for not knowing that mercury is acceptable in fillings (I fall into this category, I had no idea).

Dentist for suing.

Lawyer for not understanding libel laws or taking the case at all.

I'm surprised that the lawsuit was filed as libel, and not the more general defamation. The statements made by the patient's mom are obviously true (they even have a waiver stating as much) but were presented in such a way that it could be damaging to the dentist's business. I have no clue what the laws are in their area, but defamation laws frequently have clause for "damaging" statements.

That aside, what dentist still uses amalgam fillings exclusively anymore? I haven't been to a dentist that used them in years. And how stupid do you have to be to not realize that your kid's going to be dizzy after being given a gas that's used as a numbing agent? If you were given a waiver for a freaking filling, maybe you should have read it beforehand, rather than waiting until after to throw a tantrum about it online.

This is what happens when stupid meets stupid.