TCM clinic customer ordered to pay $12.5k in damages over defamatory Google review
The physician sued for defamation after the customer refused to apologise or pay compensation.
Cheryl Lim, a customer of the Kin Teck Tong TCM Clinic, was ordered to pay $12,500 in damages for defaming the clinic's physician, Pheabe Chau. Lim had visited the clinic on November 17, 2024, for treatment of neck and shoulder aches. After receiving acupuncture treatment from Chau, Lim experienced severe pain in her neck and shoulders the following night.
Despite the clinic's manager assuring her that her pain would improve, Lim's condition worsened, leading her to seek medical attention at National University Hospital (NUH) on November 20. There, she was diagnosed with a mild nerve injury and pinched nerve. Lim then posted negative reviews on Google, naming Chau and alleging that her treatment caused her arm weakness and necessitated an emergency room visit.
The second review claimed that Chau's acupuncture was negligent and contributed to Lim's injury. The district judge deemed both reviews defamatory, but found that the first review expressed an honest opinion and constituted fair comment, which is a defense against defamation claims. However, the second review was found to be a definitive statement of fact, as it asserted a causal link between the acupuncture treatment and Lim's injury.
The judge also found that Lim's motive for publishing the second review was likely retaliation against the clinic's refusal to give her a refund, demonstrating malice. Chau was awarded $10,000 in general damages and $2,500 in aggravated damages.
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