Full question:
I called to speak to my dying father's DR. about the possibility that he may have been poisoned over a period of time and I was concerned it was or could be his spouse. I made it clear to the receptionist that this was to remain confidential and that I simply wanted to talk to the DR about it.I told her if He determined there was no way I would have dropped my suspicions. Anyway this DR. took it upon himself to call my Dad and as a result I have been relieved of executing his estate and cut out of his will. I NEVER SPOKE ONE WORD to the DR. Not even a hello. Now because of his actions I am left in the cold and have NO relationship with my father. Do I have a case against this DR. and what would that be?
- Category: Evidence
- Subcategory: Privileges
- Date:
- State: Indiana
Answer:
The answer will depend on all the facts involved, such as what the doctor said to the father. It is unlikely that the doctor-patient privilege would apply if the statement wasn't made in the course of treating you.
Libel and slander are subcategories of defamation. in order to prove defamation, the plaintiff must prove:
1.; that a statement was made about the plaintiffs reputation, honesty or integrity that is not true;
2.; publication to a third party (i.e., another person hears or reads the statement); and
3.; the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. Some statements while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander.; The best example is statements made in a court of law.; An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. Case law from various jurisdictions supports the principle that, generally, information released by the police, including reports and records, is considered to be a report of an official action subject to a privilege against a charge of defamation. To prove defamation it must be shown that the person did not have a belief in the statement made, or failed to make a reasonable investigation into its truth.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
