More on Doctor "Flea" Being Outed On The Witness Stand

The outing of Flea’s real identity in the Boston Globe is now generating an immense amount of comment in the blogosphere. (For those new to the story, see Doctor “Flea” Settles Malpractice Suit After Blog Exposed In Court): So I’d like to add a few additional observations and links:

First, I learned of Flea’s outing yesterday when Jonathan Saltzman of The Boston Globe called me for comment. To say I was stunned would be an understatement. While I had discussed the risks of his posting confidential trial prep work back on May 8th, I told Saltzman I was surprised to see it actually happen.

Second, I wrote this morning’s lengthy post last night, and then held it for today, since the story belonged to the Globe, and not me.

Third, I picked up a hard copy of the Globe. The story is front page, above the fold. Which is to say, his patients and colleagues will all see it.

Fourth, the Globe story said the outing was on May 14th, and the settlement was the 15th. Flea took down his blog in totality on the 16th. So the blog came down after it was all over.

Fifth, while I hadn’t appreciated it before, the Flea photo from his blog (with guitar, above) is apparently that of the musician by the same name. (Hat tip to Michael Grant.)

Addendum — Sixth, Saltzman informed me during our conversation yesterday that Flea’s attorneys were unaware of the blog, which means of course, that Flea didn’t tell them and he wasn’t prepped by his attorneys on the subject on how to deal with it if it should come up.

Below are some of the medical and legal blogs that have already picked up various parts of this story today:

• The Flea Settles Down (Simple Justice)
• Flea (Kevin, M.D.)
• Blogging Defendant Blows Defense (Volokh Conspiracy)
• Flea Collared (Odd Time Signatures)
• Cross-examination reveals the defendant was that anonymous blogger who’s been writing about the trial (Althouse)
• A Law Blog First? Defendant Blogs His Own Trial (WSJ Law Blog)
• Flea’s Fall Sobering For Other Bloggers (White Coat Notes – Boston Globe)
• Fleased (symtym)
• Days of Fame (symtym)
• Flea Collared (Drums and Whistles)
• An attorney weighs in on Flea’s malpractice settlement (Notes from Dr. RW)
• Un(settling) End In The Case Of The Disappearing Flea (Dr. J’s House Calls)
• Rich People Blog Too (The Hub)
• Flea Outed In Court (Universal Health)
• Flea, flea as fast as you can (Legal Antics)
• Updates, May 31 (Overlawyered)
• Stand By Your Flea (Health Business Blog)

There will be others and I will try to update later…

More:

• Flea: Another Argument for Tort Reform? (Health Care BS)
• Kevin M.D.: Flea (GruntDoc)
• Blogging MD Defendant Exposed (ZiefBrief)
• “Aw Sh*t!”: My Reaction to the Flea Debacle (Musings of a Dinosaur)
• Paging Dr. Flea (MetaFilter)
• On Flea (OnThePharm)
• Flea Revealed in Boston Newspaper (Ami Chopine)
• Dr. Flea Blogged His Malpractice Trial, Settles When Outed (Clinical Cases and Images)
• The Flea Flicker: Risks of (anonymous) blogging (Health Care Law Blog)
• Flea-ting Thoughts (Massachusetts Liberal)
• A Fool for a Client (Discourse.net)
• More Blogging Thoughts (Evil HR Lady)
• Dr. Strangeblog (The Paperback Museum)
• (Yet) Another Object Lesson in Blogging Biting Back (Infinity Ranch)
• For Med-Mal Doc, Blogging Proves Bad Medicine (Law.Com Blog Network)
• The strange case of the arrogant physician, and related musings on the propriety of physician blogging and other online behavior (HealthBlawg)
• A Small Thought About Flea (TortsProf)

Somehow, I don’t think we have seen the end of this…

Addendum 6/1/07 — More:

• Details unfold about Flea’s day in court (Notes from Dr. RW)
• The Doctors’ Revenge (plus the Flea Feeding Fenzy) (Simple Justice)
• Doctor Flea exposed in court (The Angry Dad)
• Elsewhere: Of Fleas, Blogs, and Client Control (Kentucky Law Review)
• The Flea Saga and WOM (The Independent Urologist)
• More On Litigants Blogging (The Divorce Law Journal)
• Is there a flea in the house? (Manic Mommies)
• Blog Obsession (MotherThoughts)
• Malpractice Suit Defendant Unmasked as Anonymous Blogger; Settles Case (The Blog Herald)
• Flea Bites (QuizLaw)
• The Blogocratic Oath: First, Do No Harm (The Opinionated Marketers)
• Blogging Doctor Reveals Secret Identity Under Oath (PR Communications)
• Blogging Your Own Trial – Transparency is the Verdict (VisInsights)
• Blog Scandal Hits Home (Notes of an Anesthesioboist)
• Self-immolation on the witness chair via the power of the internet (BeldarBlog)
• Blogging malpractice defendant exposed : Case settled (Real Lawyers Have Blogs)
• Blogging Your Court Case Is A Very Bad Idea! (Feminist Law Professors)
• The Blog as Public Record (Magnosticism)
• Don’t Blog Your Court Appearances (PsychCentral)

Addendum 6/4/07 — More:

• The Malpractice Cast Net (Scalpel)
• Random Thoughts (Catscanman)
• “Flea” Bite (Not My Second Opinion)
• Could Have Lied (Blogborygmi)
• There’s Flea! And the news is not good (ScienceBlogs)
• The Dr. [] / “Flea” anonymous blog outing – Blogging HARMS! (Infothought Blog)
• A Flea Squashed: Bloggers Sweat After Court Case (Bostonist)
• Why Didn’t Anyone Warn Flea? (I’m a blogaholic)
• Flea Outed and Settles Malpractice Case (OBGYN Tips)
• Do I feel bad (?) (The BFC Computing Weblog)
• Some thoughts on Flea (Tales From the Womb)
• About Dr. Flea (Cathy’s Place to blog)
• “Flea” Proves to be His Own Biggest Pest in Boston Personal Injury Lawsuit (The Injury Blog)
• Pediatric Grand Rounds 2:4 (Adventures of an awesome (sometimes) mother)
• Dr. Flea, Pediatrician blogs his own med-mal suit, learns the perils (The blawgraphy)
• On Flea and Fishing (Dr. Wes)

Last Addendum: After interviewing plaintiff’s counsel, I wrote three more posts on the subject:

• Deconstructing the Trial of Flea – Part 1
• Deconstructing the Trial of Flea – Part 2
• Flea, The Boston Globe and Morality in Journalism and Blogging