02-18-2010, 11:48 PM
Hey I'm from Australia, I did legal studies for two years.
From what I can tell from your story they have recorded that your wife was a drug addict.
::NOTE:: Defamation cases are notoriously difficult to win.
So for a defamation case to be even slightly successful you need to make sure that:
- they have made personal comments that directly relate to your wife
- they are untrue or inaccurate
- they are in some way offensive
- effect her public image
Now for a slanderous case you need:
- a witness
- evidence of what had been said
For a libel case you need:
- record of what had been written
Most of these cases are for publications like newspapers, magazines etc. and effect a public figure politicians, actors etc. These occur often because they can claim loss of profit, business etc due to public opinion etc.
So because the medical records are private and confidential I don't know how successful you would be in wining anything other than amendments being made to those records.
Personally I really wouldn't bother, speak to the hospital and ask them to change the records because of their inaccuracy. I'm 100% sure they will oblige since it can easily be proven to be false and its a lot cheaper than court. That clears your wife's name you and your wife get an apology.
Although it would be nice to go out there and kick same ass and teach em' whats what, it really expensive, time consuming and yields little reward. I hope I helped and good luck to you and your wife.
From what I can tell from your story they have recorded that your wife was a drug addict.
::NOTE:: Defamation cases are notoriously difficult to win.
So for a defamation case to be even slightly successful you need to make sure that:
- they have made personal comments that directly relate to your wife
- they are untrue or inaccurate
- they are in some way offensive
- effect her public image
Now for a slanderous case you need:
- a witness
- evidence of what had been said
For a libel case you need:
- record of what had been written
Most of these cases are for publications like newspapers, magazines etc. and effect a public figure politicians, actors etc. These occur often because they can claim loss of profit, business etc due to public opinion etc.
So because the medical records are private and confidential I don't know how successful you would be in wining anything other than amendments being made to those records.
Personally I really wouldn't bother, speak to the hospital and ask them to change the records because of their inaccuracy. I'm 100% sure they will oblige since it can easily be proven to be false and its a lot cheaper than court. That clears your wife's name you and your wife get an apology.
Although it would be nice to go out there and kick same ass and teach em' whats what, it really expensive, time consuming and yields little reward. I hope I helped and good luck to you and your wife.