Legal Question in Personal Injury in Maryland
Libel?
Hi, can an error on a medical form be considered libel? Dr. saw me at hospital and the discharge form given to me by him stated incorrectly that I have an STD. I have filed a request for an amendment but the doctor's office and the hospital are dragging their feet. This is highly embarrasing and I would like to know whether errors on medical forms can be libel
Asked on 3/03/09, 12:23 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Libel?
Not unless you can prove that the incorrect entry was made with knowledge of its falsity AND with an intent to harm you. It just doesn't apply in this situation. However, you might have a claim for negligent misrepresentation. But first you'd have to show that there was dissemination of the information to third parties which had an adverse effect on you.
Answered on 3/03/09, 4:19 pm