Jump to content

Legal question


  • Please log in to reply
7 replies to this topic

#1 trishalishous

Posted 07 December 2012 - 01:56 AM

A pregnant woman on the local chat facebook page has posted asking for opinions and experiences with local doctors, for care during her pregnancy. She is unhappy with her current provider.
Apparently today she was contacted (by phone) by the gp surgery, threatening legal action for defamation.
Surely people sharing opinions (all done in a very polite way ie "I wasnt happy at x surgery, so went to see dr y, who was great") cant be grounds for defamation?
And if the surgery IS in the wrong here, is there a way she can lodge a complaint about these threats?
Poor mumma is stressed and panicking now sad.gif

#2 ani1

Posted 07 December 2012 - 03:08 AM

The surgery is correct. Sure you can complain about stuff like that but you can't go naming the place .

#3 meggs1

Posted 07 December 2012 - 05:34 AM

Yes and no.   Its a really complex area of law.

Saying something as a fact, that damages someone else's reputation is defamation.  But there are all kinds of defences - including truth and opinion.   So you can say  "I wasn't happy with Dr X" or "I don't like Dr X".

You can also say (if it's objectively true) "Dr X often runs late".  

Or you can tell a factual story about what happened when you went to see Dr X and how it made you feel. But you need to be sure you are telling the absolute truth.  

But if you say "Dr X is a bad doctor" or "Dr X is a racist" you would have to be able to prove its true or you could be liable.   Obviously something like that is really difficult/impossible to prove.

Websites don't want to get involved in all the intricacies so they don't let you name anyone when making negative comment.

#4 Coffeegirl

Posted 07 December 2012 - 06:14 AM

EB has rules posted for defamation here.  http://www.essentialbaby.com.au/forums/ind...howtopic=764089

Not sure how relevent they are to your friend though.



#5 Chelli

Posted 07 December 2012 - 06:16 AM

This is the very reason we do not allow comment about medical practitioners on the forums here. Often representatives of practitioners will use a google search to see if there is any comment that may adversely affect their business and then take legal action if they feel they have had their reputation damaged in any way.



#6 Lucretia Borgia

Posted 07 December 2012 - 06:43 AM

Yes, what Meggs1 said...

Same reason why we aren't allowed to name names on this site.....

Mentioning Dr x and his shoddy practices to a friend in a private conversation is one thing, but putting it on Facebook, or a public forum, is every bit "publishing" your bad opinion same as if the Sydney morning herald ran the story.....

If your friend has a concern about a dr, then there are appropriate authorities to complain to......(they have a "qualified privilege" to hear such complaints - provided the complaints aren't malicious or vexatious - so defamation isn't a concern here)

#7 Maple Leaf

Posted 07 December 2012 - 08:06 AM

PM's are your friend. original.gif


#8 ~elle~

Posted 07 December 2012 - 08:42 AM

Would the mum now be able to say that (factually) Surgery X has personally contacted her regarding this FB page and is now threatening legal action.

Then go to PM's only.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Life with anxiety

At times, I feel pretty worthless. In those moments, all I want to do is curl up into a ball and hide in the dark. I can try to quiet my mind, but it won?t shut up.

IVF leaves woman pregnant with another couple's twins

An Italian woman has been told the twins she is three months pregnant with are not hers.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

What you need for the 'fourth trimester'

In my opinion, the first three months after the birth are the most intense. Here's what got me through that time after welcoming my baby.

Weaning a toddler off a dummy: a 15-day plan

Weaning your child off the dummy can be a traumatic experience for both of you. Here are some tips to help you through.

Choosing to be a solo parent

Two women share their stories of longing for a baby so much that they each decided not to wait for a partner before becoming a mum.

Asphyxia link another piece of the SIDS puzzle

An Australian study has uncovered information which could lead to a better understanding of why babies die from Sudden Infant Death Syndrome.

Rescue dog Zoey and BFF Jasper star in adorable pics

Photographer, self-professed "crazy dog lady" and mum Grace Chon takes photos of rescue dog Zoey and her 10-month-old son Jasper together. The results are just too cute. See more on Instagram @thegracechon.

The ultimate travel stroller: the Mountain Buggy nano

We tried the Mountain Buggy nano and give it an enthusiastic thumbs up. As the ultimate travel stroller, it's practical, has great features, and looks fab, too.

Mum's heartbreak as son dies in road accident

Daly Thomas and her two young sons were walking home from church on Tuesday afternoon. Her youngest son never made it.

New Kate Spade baby bag designs

Don?t adjust your screen: this bright beauty is coming to you in full colour.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Win the brand new phil&teds vibe

Check out the good looking new release of the Vibe 3 and the Verve 4-wheeler inline strollers. To celebrate their release, we have a Vibe with double kit to give away.

Baby sleep

From birth to one year and beyond, read about baby sleep, soothing techniques, routines, and sleep school experiences.

Easter gifts for babies, no chocolate in sight!

If this is your little one?s first Easter you might want to mark the occasion with something a little extra special. Here are 10 Easter gift ideas, which won't harm little teeth.

7 tips for a kid-free trip, not a guilt trip

Although I?m jumping out of my skin to take my child-free holiday, I?m dreading the goodbye. But I?m determined to make the most of it without tarnishing it with guilt or sadness about leaving the kids.

Itchibubs: clothes for babies and toddlers with eczema

Parents of children who suffer from eczema will know only too well the scratching that occurs around the clock. A new clothing range aims to help make everyone more comfortable.

Ear piercing: what age is best?

What is it that shapes our opinions on what?s an 'appropriate' age for our children to get their ears pierced? Parents share their views on how young is too young when it comes to piercing.

Caring for kids helps grandmothers stay mentally alert

Looking after grandchildren can help grandmothers ward off brain disease - but it's also possible to get too much of a good thing, researchers say.

Why I loved my third home water birth

After two water births at home, I was determined to give birth to my son the same way. I just hoped this birth would be quicker than my last two.

Revealed: 7 ways food marketers try to trick consumers

If you?re confused by food labels, you?re not alone. Next time you?re shopping for food, look out for these seven common labelling tricks.

'My mother-in-law found out our baby's gender behind our backs'

My husband and I mutually decided that we didn?t want to know our baby's sex before the birth, but his mother couldn't handle that.

 

Free Printable Activities

Keeping little hands busy

Free printable acitivity pages like colouring in, cutting, word finders, mazes, maths activities and puzzles.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.