Here's What You Can Do With Your Agreement
At her request, I was considering signing a NonDisparagement Agreement with Dr. Griffith and stated that I would not initiate any disparaging remarks and that I would remove posts from my blog about her and try to have any other reports and complaints that I have filed and posted on various consumer websites and with government agencies removed, and although I was very, very clear with her what I was willing to sign--she continued to send me a Release of Liability/NonDisparagement/Confidentiality Agreement all rolled into one.
Here's what I understand based on my findings in a legal dictionary, in general conversation "disparage" means to speak poorly about someone, but in a legal context "disparagement" involves a false statement. My statements about Dr. Griffith have been anything but FALSE. I have recounted my recollection of what has transpired with our appointment, court dates, and subsequent dealings with Dr. Griffith and I have included my opinion of her based on first hand-knowledge from personal experience. My opinions, feelings and ideas about Dr. Griffith have been validated by several of her former patients and even well-respected doctors in her field.
For future reference Dr. Julie Griffith - so that you know the next time you try to get a former patient to sign a "Release" in exchange for money, here are the definitions so that you don't get them confused again:
Release of Liability: A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur or have occurred from performing under a contract, or participating in an activity or service. The release acts as an assurance to the person requesting the release that they will not be subjected to litigation resulting from the signing party's informed and consensual acts.
Nondisparagement Agreement: A provision in a contract requiring one or more parties to the agreement not to make negative statements about the other(s).
Confidentiality Agreement: A confidentiality agreement is an agreement between at least two persons that outlines confidential material, knowledge, or information that the parties wish to share for certain purposes. However, when access to the information is to be restricted from a third party a confidentiality clause is added. It is a contract through which the parties agree not to disclose information covered by the agreement.
So I was going to agree to stop initiating any negative comments about Dr. Griffith and I was going to agree to even remove things I have said--not retract--merely remove. But that was not good enough. She wanted to silence me and she wanted me to lie (if someone asked me about her or this). So NO. Signing my rights away to her for a mere $1,000 balance is not worth it to me. I will continue paying her the balance of the judgment from the NO VALUE consultation, knowing that the medications she prescribed to my son without a comprehensive physical which I believe caused him harm and that her business and billing practices are disturbing and unethical.
I will chalk this up to a learning experience. I will be much more careful trusting people put into positions of power and influence out of pure desperation on my part.