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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11695
Experience:  30 years as a practising solicitor.
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Is there a way to put pressure on someone, by threatening to

Customer Question

Is there a way to put pressure on someone, by threatening to shame them professionally? Would offering to sell a non-disclosure agreement be considered to be blackmail?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

It's a very long story.

I was wrongly diagnosed as having mental illness when I actually had brain tumour for about 10 years. In which time, my career fell apart and I lost my city-centre apartment.

I had a medical negligence lawyer investigate over a period of about 10 years, with the defence ultimately stating that my GP had referred my for a brain scan. My mother(a retired physiotherapist) had accompanied me to the surgery on one occasion, informing my GP that she stated I had many neurological symptoms. My GP dismissed this evidence as a non-issue at the time (as noted in my medical records) The GP later used this as her defines.

From speaking to other GPs (Including her peers), the reaction has been of shock and shame. In fact my current GP (whose family have been close friends with my family for many years) turned chalk white before my very eyes! He had attended university with my former GP.

I propose to publicise my case on-line to illicit the same response from her peers and "name and shame her" resulting in the end of her career in medicine. Could I offer to sell her a non-disclosure agreement in order to keep quiet about it, or would this be considered as blackmail?

If so, is there an alternative?

Expert:  JGM replied 2 years ago.
Was your medical negligence case against the GP successful?
Customer: replied 2 years ago.

No, she used the fact that I had been referred for an MRI scan as her defence, although it due to my mothers insistence From my medical records- "John's mother thinks he has a neurological condition. - I think this is a non-issue, but will refer him to keep his mother happy"
I'm wondering if this is a statement that she was acting under duress.

Expert:  JGM replied 2 years ago.
I think that what you propose would be treated a blackmail which is a criminal offence.
In addition if there is no judgment against her what you threaten to publish could be argued as defamatory and actioned in a civil court.
Customer: replied 2 years ago.

Is there any legal way in which I could gain redress?

Expert:  JGM replied 2 years ago.
You've gone down the medical negligence route. The only other way is to complain to the BMA.
Expert:  JGM replied 2 years ago.
Can I help you further with this?