In March 2010, Mr Mazzella underwent a hip arthroscopy, performed by orthopaedic surgeon, Dr Al Muderis. Subsequently, the patient claimed that the surgeon performed the operation negligently, causing numbness in his genitals and decreased sexual function. Dr Al Muderis sent the patient for various neurology and urology tests, which found no evidence of nerve damage.
Mr Mazzella commenced legal proceedings against Dr Al Muderis but failed to file and serve any expert evidence supporting his claim. In July 2014, the matter was dismissed with an order for Mr Mazzella to pay the costs of the whole proceedings.
After his action was dismissed, Mr Mazzella began making telephone calls to Dr Al Muderis and his family, making serious threats against them, eventually causing Dr Al Muderis to take out a restraining order against him.
Mr Mazzella, with his brother Mr Duncan, also created a website with the surgeon’s name in the web address, posting videos in which they referred to Dr Al Muderis as a “butcher” with “more victims” and that he was “medically negligent”. The brothers purchased google ads to ensure that the website came up first when Dr Al Muderis’ name was googled. They also posted defamatory statements on social media sites Facebook, You Tube, Vimeo, Video Bash, Internet Achieve and Ru Tube.
A NSW Supreme Court ordered the first website to be taken down in 2016. However, a further three websites were created by Mr Mazzella and Mr Duncan. Two of these were removed but one website remained.
The professional and emotional impact on Dr Al Muderis was significant. His patients would often query him about the online claims and he considered leaving Australia due to the ongoing harassment. Dr Al Muderis commenced defamation proceedings in 2016.
What became clear in the defamation proceedings, was that Dr Al Muderis was a very well respected doctor, who had overcome exceptional personal circumstances. He was active in humanitarian work and had a very high professional reputation, which had unequivocally been damaged by the defamatory online behaviour of Mr Mazzella and Mr Duncan. The Court referred to him as “the perfect plaintiff” and that the damages inflicted upon him were “extremely high and probably at the highest level”.
Mr Mazzella and Mr Duncan refused to attend the proceedings and failed comply with Court orders, ultimately a default judgment was entered in favour of Dr Al Muderis, with the judge proposing a further hearing for a permanent injunction to take down the online content.
At the recent hearing in May 2017, aggravated damages were assessed at $320,000 jointly between the two brothers’ and a further $160,000 to be paid by the Mr Mazzella.
To read the full decision in Al Muderis v Duncan (No 3) [2017] NSWSC 726, click here.
For some quick tips on dealing with negative online reviews, click here.
