Desnick v. American Broadcasting Companies, Inc.

44 F.3d 1345 (7th Cir. 1995)

Facts

In March 1993, Entine, the producer, telephoned Dr. Desnick and told him that Prime Time Live wanted to do a broadcast segment on large cataract practices. The Desnick operation had 25 offices in four states and performed more than 10,000 operations a year, mostly on elderly Medicare patients. Desnick alleges that Entine told him that the segment would not involve ambush interviews or undercover surveillance and that it would be fair and balanced. Desnick then permitted the crews to videotape. Two doctors (P) permitted an ABC (D) crew to film an operation 'live' and to interview personnel in their Chicago ophthalmic clinic known as the Desnick Eye Center. P alleged that unbeknownst to it, Entine had dispatched persons who posed as patients with concealed cameras to other Desnick eye centers in Indiana and Wisconsin. D then aired a program, which stated that Desnick was a 'big cutter' and a 'big charger,' that P had performed eye surgery when it was not needed, and changed medical records among other things. P brought claims that Ds committed a trespass in inserting the test patients into the Wisconsin and Indiana offices, that they invaded the right of privacy of the center and its doctors, that they violated state and federal statutes regulating electronic surveillance, and that they committed fraud by gaining access to the Chicago office by means of a false promise in that they would present a fair and balanced picture of the operations and not use ambush interviews of undercover surveillance. The suit was dismissed, and Ps appealed.