Libel Claims by Doctors

Defamation Claims Made by Doctors

Doctors on occasions may seek to make a claim for damages by way of a defamation claim, for libel (written word) or slander (spoken word), where an employer, organisation, newspaper or other individual person has made damaging comments about them. A claim should be brought within twelve months of any comments complained about.

Libel claims for doctors can involve statements that may affect both the individual and their standing as a medical practitioner. A defamation lawyer for doctors can advise on the merits of a potential claim, the available evidence and whether legal action may be appropriate. Doctors Defence Service has experienced barristers and lawyers who advise doctors on defamation matters and the steps that may be available to protect their professional reputation.

Alternatively, a doctor might on occasions be sued for damages for comments that they have made about another doctor, company or person. A robust defence may be necessary and the comments (written or spoken) made by a doctor may have been entirely fair comment. A doctor facing such a claim may therefore require advice from a barrister or lawyer experienced in defamation law.

Doctors Suing for Defamation

A doctor suing for defamation will need to consider carefully what was said or published, who received the statement and the evidence available to support the claim. Where written statements are involved, a doctor defamation solicitor may be one of the legal professionals a doctor considers approaching. Doctors Defence Service is not a firm of solicitors, but its barristers may work with external solicitors on some cases.

Where the allegation concerns spoken rather than written words, a slander claim by a medical practitioner will similarly depend upon the particular circumstances and evidence. Obtaining legal advice at an early stage can help a doctor understand whether a claim is actionable and what further evidence may be required.

Not all defamation claims are actionable. Allegations made to the GMC have been held not to be actionable in at least one case (see our article: Immunity from Suit for Complainants) and the public policy reasons cited in the case may mean that other similar matters are not actionable. In some instances, a doctor may be able to bring a claim because a former employer has given a malicious reference. For further discussion on this issue view our Malicious Testimonials page. A claimant doctor must prove on the balance of probabilities that their claim is true. Quality evidence will need to be obtained for any claim to succeed. An expert assessment of the relevant evidence and applicable law can therefore be important before proceedings are commenced.

Protecting the Professional Reputation of Doctors

Protecting the professional reputation of doctors can become particularly important where damaging allegations are circulated to employers, colleagues, organisations or members of the public. The appropriate response will depend on what has been said, how it was communicated and whether the statement is legally actionable.

Online comments can also create concerns about a doctor’s professional standing. A doctor concerned about negative review defamation should obtain advice on the particular wording and circumstances rather than assume that every critical or damaging review will support a defamation claim.

Doctors looking for a trusted source of legal advice should consider the relevant experience, qualifications and regulatory status of the lawyer they intend to instruct. DDS has been in existence for around 15 years, and its medico-legal representatives have, between them, represented many hundreds of registered practitioners from different medical specialisms.

Doctors Defence Service provides legal assistance to doctors across the UK, including London. Doctors based elsewhere in the UK, as well as those seeking legal assistance through the DDS London office, can discuss the circumstances of a potential defamation, libel or slander matter with an experienced lawyer or barrister.

DDS is not a firm of solicitors. A number of its medico-legal advisers are qualified barristers in independent practice, and its lawyers may work with external solicitors where appropriate. Rather than making a general claim that every adviser is certified in defamation law, doctors can consider the qualifications, experience and relevant area of practice of the individual lawyer or barrister who may be instructed.

Call Doctors Defence Service to discuss any potential defamation, libel or slander claim or defence on: 0800 10 88 739