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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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In criminal law which law would apply to for example the

Customer Question

In criminal law which law would apply to for example the misrepresentation of a newspaper article, i.e. one which contained untruths, misled the readership and damaged the person referred to therein. Secondly, for example the misrepresentation of a medical record - which exact criminal acts would apply here given that the Law of Tort relates to civil actions. Hope you understand my question
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Is there any reason you think this would be a criminal offence?

Expert:  Jo C. replied 10 months ago.

If this is just a false statement in a newspaper alone then that is a civil matter.

The criminal law doesn't cover it.

Expert:  Jo C. replied 10 months ago.

Misrepresentation of a medical record depends on the circumstances. On the face of it, there is no offence. A person is perfectly free to lie about their medical condition as far as the criminal law goes.

Expert:  Jo C. replied 10 months ago.

The only exception I can think of is lying to an employer in circumstances where they could not otherwise have been offered work and that would be fraud arguably but it would never be prosecuted.

If you can be more specific I may be able to offer more.

Jo

Customer: replied 10 months ago.
Thanks Jo C. I think you have helped me before. This is slightly complicated and I don't have time to tell you the whole story. Essentially there are have been many breaches of law here both civil and criminal I know that Tort is civil. I understand that. This is basically to do with conspiracy [complicity] in respect of one innocent person let's call her the Victim of the Offence/s. In respect of the medical record I was not referring to the patient but to the doctor, it was the GP who for some strange reason maliciously it would appear entered notes let's put it that way that did not relate to reality. A bit like libel/defamation really. Similarly the misrepresentation relates to a subsequent fallacious indeed highly illegal newspaper article her which again essentially defamed her and did not relate the truth. This surely is also included in criminal law and not just civil. It was definitely done with malice with intent mens rea constituting an actus reus hence proven legal and factual causation, there is no doubt about that - I'm struggling with the laws breached in respect of the medical record and the newspaper article which definitely and deliberately and negligently did not tell the truth about this person and as a direct result she was prejudiced
Customer: replied 10 months ago.
I am talking criminal law here for good reason, I understand the civil aspects please concentrate on the criminal ones, thanks
Customer: replied 10 months ago.
Sorry me again! I am trying to cite laws breached [state laws]
Expert:  Jo C. replied 10 months ago.

The doctor would not have committed a criminal offence. There might well be professional negligence issues and misconduct but that isn't crime.

There is no crime covering an untruth in a newspaper.

Customer: replied 10 months ago.
Are you sure about that? Because I think anything done "with malice" and "against state law" is certainly a criminal offence. Just think for example about breach of patient confidentiality. Whilst I appreciate that is not necessarily a suable offence [I'm talking here about a group of people including 2 x seriously negligent doctors being prosecuted and not sued], breach of patient confidentiality is highly unethical as you know, seriously frowned on and additionally reflects on the suitability of that medic/pharmacist to continue to operate in same role. That awful doctor Shipman? who injected all that stuff all those years ago - he was definitely a criminal! Okay we are talking about the mis-rep/abuse of a medical record BUT deliberately and surely the Law of Negligence is a criminal act, no? I'll tell you about the newspaper in a minute
Expert:  Jo C. replied 10 months ago.

Yes, I am.

Expert:  Jo C. replied 10 months ago.

No, it is not a criminal offence.

Customer: replied 10 months ago.
Well that's not totally true when you see certain negligent professionals being prosecuted, surely a deliberately negligent possibly out of it medic is behaving illegall
Customer: replied 10 months ago.
Sorry I had to go downstairs to put the dinner on
Expert:  Jo C. replied 10 months ago.

I'm really sorry but I am not going to be able to tell you that a criminal offence has been committed here on the facts that you present.

Shipman was killing people. That is a criminal offence.

That is not what is happening here.

Customer: replied 10 months ago.
but illegal behaviour constitute criminal offences - surely
Customer: replied 10 months ago.
Breaches of state law are criminal offences
Customer: replied 10 months ago.
How do you view professional negligence and misconduct?
Expert:  Jo C. replied 10 months ago.

No.

There are no criminal offences here.

There may be a civil claim.

Customer: replied 10 months ago.
But that is so discriminatory because that means that only people with money and know how can seek legal redress and those who are the wrong-doers know that either deliberately or not deliberately and to on from that the whole point of the state prosecutor is to keep safe from those who breach the law
Customer: replied 10 months ago.
Are you trying to tell me that to remove the wrong liver is not a criminal offence I think you are I am saying I think it is both - civil and criminal
Customer: replied 10 months ago.
Sorry I had to go downstairs again earlier to serve dinner I work from home I'm now back in my study are you still there?
Expert:  Jo C. replied 10 months ago.

Yes, I'm still here.

I cannot really give you a different answer though.

Expert:  Jo C. replied 10 months ago.

As I have said, this is a civil matter.

Customer: replied 10 months ago.
but as you say if state laws are breached that is criminal and both have been breached here Tort and Criminal super you have SO helpful Jo C MANY THANKS
Expert:  Jo C. replied 10 months ago.

OK. Best of luck with this.

Expert:  Jo C. replied 10 months ago.

Although, may I make clear that I am not saying this is a criminal offence because it is not.

Customer: replied 10 months ago.
I'm not sure what you are referring to I think the criminal aspect of inducement may apply here
Expert:  Jo C. replied 10 months ago.

Yes, you mention that.

It does not.

Best of luck with this.

Customer: replied 10 months ago.
just one final thing sorry to appear difficult clinical negligence could result in death remember and that is clearly illegal
Expert:  Jo C. replied 10 months ago.

I am really sorry but I am not going to be able to tell you that there is criminal liability here.

There is just plain not.

Negligence is not a crime. I can only say this so many times.

I am sorry.