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 outcome of your situation depends on the specific facts, particularly what the doctor communicated to your father. Generally, doctor-patient privilege may not apply if the statement was not made during treatment.
To pursue a defamation claim, you must establish three elements: 1) a false statement was made about your reputation or integrity; 2) the statement was shared with a third party; and 3) you suffered damages as a result. Slander refers specifically to false oral statements that harm a person's reputation.
Some statements may be privileged, meaning they can be made without fear of defamation claims, such as those made in court. To prove defamation, it must be shown that the person making the statement did not believe it to be true or failed to investigate its accuracy.
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.