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Re: Letter to doctor that said I wouldn't get better-

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,

It would still be considered grounds for libel, and yes, she did

send a copy of what she's thinking and if someone on this list

also goes to that doctor (and likes him of course) takes that

information to the doctor that would be grounds for the doctor

to sue for libel.

Thank you for reminding me that it was libel. I've not used

either of these words in a while and also been thru a lot

lately.

But any way, yes it would be grounds for libel because as I said

if there is someone on this group that likes the doctor she left

they could take that information to the doctor. Then in turn

the doctor could have the right to sue.

And it wouldn't matter if the letter was cc'd or not because

things said on the net about a doctor can get back to that

doctor. It's why some lists don't allow discussion of good and

bad about a doctor on a list by not allowing names to be

mentioned (Yes, I know Lindsey didn't use his name but using

this as an example of why some groups don't allow this kind of

thing as far as names whether the experience is good or bad).

Sharing your feelings or personal opinion in a letter could be

grounds for a suit any way as far as a doctor is concerned. I

don't know if you were here when some of the ladies (some who

are no longer here now) had a huge discussion with the doctor

that wrote the article Carol sent (and yes he was on this list

for about a month or two) challenged this doctor. Right on the

list I might add. And yes, this lady stated her opinion as part

of the challenge and yes he threatened to sue her if she didn't

stop.

A personal opinion can be grounds for libel and slander as well.

This is why celebrities often have to sue tabloids because of

opinions they give about the celebrity.

But thanks again for reminding me that the word I meant to use

was " libel " . And yes I tried to read thru what I said but still

missed.

Kristy :)

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Okay, let's have a little tutorial on libel 101.

To be successful on a claim for libel, the doctor would have to

demonstrate the following:

(1) the author made a false and defamatory statement about him;

(2) the author published that statement to third parties;

(3) the author knew or should have known the statement was false; and

(4) the doctor suffered damages as a result of the statement.

Truth is *always* an *absolute defense* in libel cases. That a

statement is a personal opinion is very often a defense as well.

Please note that in explaining the elements of a libel suit I am only

offering general legal information, which should not be construed as

legal advice to be applied to any specific factual situation. Anyone

with questions about particular matters should seek formal legal

advice.

Kristy, to my knowledge you are not an attorney. I would strongly

recommend that you stop dispensing (inaccurate) legal advice.

>

> ,

>

> It would still be considered grounds for libel, and yes, she did

> send a copy of what she's thinking and if someone on this list

> also goes to that doctor (and likes him of course) takes that

> information to the doctor that would be grounds for the doctor

> to sue for libel.

>

> Thank you for reminding me that it was libel. I've not used

> either of these words in a while and also been thru a lot

> lately.

>

> But any way, yes it would be grounds for libel because as I said

> if there is someone on this group that likes the doctor she left

> they could take that information to the doctor. Then in turn

> the doctor could have the right to sue.

>

> And it wouldn't matter if the letter was cc'd or not because

> things said on the net about a doctor can get back to that

> doctor. It's why some lists don't allow discussion of good and

> bad about a doctor on a list by not allowing names to be

> mentioned (Yes, I know Lindsey didn't use his name but using

> this as an example of why some groups don't allow this kind of

> thing as far as names whether the experience is good or bad).

>

> Sharing your feelings or personal opinion in a letter could be

> grounds for a suit any way as far as a doctor is concerned. I

> don't know if you were here when some of the ladies (some who

> are no longer here now) had a huge discussion with the doctor

> that wrote the article Carol sent (and yes he was on this list

> for about a month or two) challenged this doctor. Right on the

> list I might add. And yes, this lady stated her opinion as part

> of the challenge and yes he threatened to sue her if she didn't

> stop.

>

> A personal opinion can be grounds for libel and slander as well.

> This is why celebrities often have to sue tabloids because of

> opinions they give about the celebrity.

>

> But thanks again for reminding me that the word I meant to use

> was " libel " . And yes I tried to read thru what I said but still

> missed.

>

> Kristy :)

>

>

>

>

>

>

>

______________________________________________________________________

______________

> Fussy? Opinionated? Impossible to please? Perfect. Join Yahoo!'s

user panel and lay it on us.

http://surveylink.yahoo.com/gmrs/yahoo_panel_invite.asp?a=7

>

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