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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Defamation Law 2013 UK: I have been very unwell over the past

Resolved Question:

Defamation Law 2013 UK: I have been very unwell over the past 7 years and because of this have had many Anaesthetics, some low level some deep. I have never had an issue before and always done what has been instructed of me for these Anaesthetics. I used to be a trauma nurse and so have some insight into the drugs that they use and so understand the way a patient will react to the different IV drugs used. Some three weeks ago I had to have an Endoscopy before having a major operation. The Anaesthetist, who has Anaesthetised me before decided to make an accusation that I could well have Munchhausen and a high expectancy of the drugs used simply because of my knowledge and amount of Anaesthetics I have had, which may I add have always been for a know medical reason and always has proved that there is/was a medical or surgical problem. I have been instructed by the Surgeon through the Anaesthetist that I am to have a Physiological appointment with a person who specialises in drug abuse or dependency. I have had very little help from either in trying to get this arranged and I am now suffering due to the need of this urgent surgery. They have said that they will not operate until it is resolved. This has caused my depression to worsen and my anxiety levels to rise as I am now suffering. I am on medication from my GP that is logged and not abused and have not at any time in my life taken illegal drugs, I have not even smoked. Do you think I have a case for Defamation of character under the 2013 UK act or any other law that you might think useable in this terrible situation.
Thank you
Stuart
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I have read your question but can not quite understand, on what basis have you been defamed?

Customer:

I am sorry Alex, I left out the crucial part, the Anaesthetist is saying that he believes I have Munchausen's where there has been no evidence of this in the past, also my knowledge is from my days as a trauma nurse. I cannot have my surgery until this has been disproved. My GP and mental health unit also have confirmed no signs of Munchausen's. I find it upsetting and wrong that one person with no real evidence can do this. Thanks Stuart

Alex Watts :

Yes I can imagine this is upsetting Stuart.

Alex Watts :

However in order to bring any claim under the Defamation Act you need to show that you have suffered serious harm as a result

Customer:

I am, acid from my stomach is coming up into my mouth and nose at night

Customer:

I almost choke

Customer:

hard to breath

Customer:

scary

Alex Watts :

You also need to issue proceedings in the High Court as this is a requirement.

Alex Watts :

If the matter is contested you are looking at legal fees of circa £15,000

Alex Watts :

If you lose then you would be liable for costs of the other side as there are special rules to follow

Alex Watts :

You wont get legal aid for this as the rules have changed so you are potentially facing £30,000 in legal costs if you lose

Alex Watts :

But you can bring proceedings yes

Alex Watts :

I would also suggest first and this is cheaper, get a Solicitor to write and set out your position.

Alex Watts :

The cost of this would be around £250 and may have the desired result.

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I appreciate your honesty

Customer:

Thank you for your help

Alex Watts :

Can I help with anything else today?

Customer:

No thank you

Alex Watts :

Ok - if I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

I will

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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