Shellie’s Medical Malpractice Nightmare
and her
Fight for Freedom of Speech
Why I Wrote This Site
I had worked as a court reporter for many years before my medical malpractice case was filed. I had worked on many medical malpractice cases during my career. Due to my work history as a court reporter I truly felt that I knew what to expect from bringing this case. I believed that I was mentally prepared for what filing this case would entail. I couldn’t have been more wrong.
Going through a medical malpractice trial was nothing like I expected, which was unnerving in light of the fact that I had been the court reporter during many medical malpractice cases. I started thinking about other people that were about to face this type of trial not having a clue as to what they would go through before it was all said and done. I did not expect the hell that I experienced taking this case to trial so, I decided to write a website chronicling this journey. I believed that I could indeed write a website to help others be more prepared for what they would go through in bringing a medical malpractice case and I felt that I had to do it. These are a few samples of the emails I receive which tells me that there is a need for my site reader email , reader email 2 and reader email 3.
I was very mindful of what I wrote. I wanted my site to be as accurate as possible. I spent months writing the site. I often referred to my medical records, emails, fax, letters, deposition transcripts and trial transcripts for complete accuracy.
Of course I did not wish to be sued for writing my site, but realized that that was a possibility. To try to insure that I wouldn’t be sued I went as far as to have an attorney read my website before I published it. As they say, you could sue a ham sandwich if you wanted to. I felt that I had complied with the law when writing my website and the attorney that read it confirmed that. I really didn’t think that I would get sued after I removed a few things that the attorney told me I should remove before publishing the site. I beleive that I am the victim of a SLAPP suit in getting sued by Jay Paul Deratany for writing this website. The only people that I thought might sue me was one of the doctors that I wrote about. I thought if that did happen I would be fine, after all, I had all the proof I needed to prevail in a court of law which would show that I had told the truth in all that I said. I then published the site.
I was stunned, to put it mildly, when my own attorney, Jay Paul Deratany, sued me very soon after the site went live. I was especially shocked because my site was not about Jay Paul Deratany (the last page of this site was the “breast implant resources” page at the time that I was sued for writing this website). While writing this website, I chose to write everything that I could think of, down to the smallest detail. I believed then and still do now, that this website helps people going through this process. The emails that I receive prove that to be true, without a doubt. I describe on my site how hard it is going through a medical malpractice trial. I wrote about how difficult it is if you are harmed by a doctor to sue the doctor who will have a big law firm defending him/her, with the deep pockets of the insurance company paying for his/her defense. In my case I was paying for all the expenses in my case myself, as incurred, from my little bank account. I explained how the financial issue was a huge disadvantage for me right from the start. I described how difficult my case was to move forward because of the lack of cooperation from the doctors involved in my care. I explained why I feel that jury selection is unfair and nothing more than a crap shoot. I wrote about how having the defendant doctor’s attorney be able to twist my words and the words of anyone else that testified on my behalf became one of the most difficult aspects of the trial for me. I described how badly my daughter was treated on the stand and all she was there to testify about was my health before and after my surgery. I explained how anyone that testifies on your behalf is fair game to the defense and that they will be attacked. I talked about how the defendant’s attorney Michael Tarpey stated that it was likely that me and/or my family committed an illegal act to cause a mistrial. That absurd and slanderous statement by Tarpey was difficult for my whole family to deal with, especially my father who was a bank president and ceo of a major Chicago bank at that time. I described how so very much of what the defense attorney said during this trial I believe to be misleading and a mischaracterization of previous testimony, as the various court documents do support. Jay Paul Deratany was my attorney during the medical malpractice trial and obviously played a significant role in the trial. I described things that occurred between me and my attorney including disagreements while getting this case ready for trial. I would imagine that such would be the case between most lawyers and their clients as they are preparing for a big trial, it is a very stressful time. As you can see, overall, at the time that Mr. Deratany sued me there was not a lot said about him on my website and he certainly wasn’t the focus by any means. I remain stunned that Jay Paul Deratany sued me for the writing and publishing of this website. Jay Paul Deratany is the one and only person that has ever complained to me about my website. I have not heard one word from anyone else that is mentioned on this website during the seven years that it has been on the Internet.
Obviously I had no choice but to hire an attorney to defend my site. Only after you have been sued, or threatened with a lawsuit, for expressing yourself do you truly appreciate the precious worth of freedom of speech. No matter how much you have believed in and supported it, freedom of speech will take on a whole new importance to you.
At the same time that I was going through the unrelenting stress of being sued by Mr. Deratany I was receiving so very many emails from people that had found my site. The site was conceived in hopes of assisting people going through a medical malpractice trial. I had no idea how many others would contact me for help for a variety of other reasons. These frequent incoming emails made me realize even more than I already did, that I had to keep the site up.
I receive emails from people that had been, are going through or thinking about filing a medical malpractice case. The number of people that I hear from is astounding. I hear from men and woman that have been harmed by a doctor and are looking for help in finding an attorney, or just looking to share with and ask questions of someone who understands reader email . I receive emails from very upset and desperate people who need to talk to someone and I have called many such people to try to help in any way that I can reader email 2. I hear from men and women asking if I could recommend a good doctor in their area. I hear from a lot of women with breast implant issues looking for a support group reader email 3. I am able to refer them to an excellent group. There are an exhorbitant amount of woman with breast implant issues looking for answers that they just are not able to find reader email 7. I hear from many, many women looking for a doctor for their breast implant issues because they don’t trust the doctors that they are dealing with. I hear from women that allege that they were harmed by the very same doctor that harmed me reader email 4, reader email 5, reader email 6. I have even gotten emails from other attorneys complimenting my website lawyer’s email. I could go on and on.
By writing this website I started out thinking that I could simply provide some assistance to people regarding medical malpractice trials, but it became so much more on so many levels. I began to see how my horrible experience could translate into something positive and it truly has. When you have been through a life changing experience that has brought you so much pain it is truly remarkable how much closure that you can get by taking your negative experience and using it to reach out and help others. Turning something bad that you have been through into something positive is very empowering. I stopped asking why this horrible thing happened to me and I learned that everything happens for a reason. I came full circle and am no longer angry.
The harder that Jay Paul Deratany has tried to shut me up and take away my right to freedom of speech, the harder my resolve has been to keep my site up in its entirety. This was especially so due to the fact that Deratany himself sent me an apology email admitting that he “overreacted” to my website deratany’s email and another email explaining why he sued me deratany email 2. Jay Paul Deratany apologizes for his actions yet still wants to take my right to freedom of speech away from me? The biggest thing that has kept me going is the people that email me for help and advice. I am determined to keep doing this for many more years. I also appreciate the kind emails offering prayers and support. Thank you all so very much.
Mr. Deratany sued me in 2003 and it is now 2010. I have been through so much litigation with Jay Paul Deratany that my legal fees have gone into 6 digits. I even had to give up my home. People ask me if I had this to do over would I have fought for my right to freedom of speech. My answer is absolutely, yes. No one has the right to take that freedom away from anyone!