A physician's exposure to defamation.
The article defines defamation, discusses how to avoid a defamation action, and suggests defenses against a defamation action. Several examples are given that demonstrate common situations where liability exists and how a physician should respond. The article explains that at times we have a duty to speak and differentiates between our legal, moral, and ethical duty. Defamation should not be a concern for those involved in the peer review process, as long as they are truthful or act in a good faith belief that what they are saying is true. The article should enhance peer review by encouraging physicians to participate without fear of a retaliatory law suit.
Mandell
W J
WJ
D002140:California; D004992:Ethics, Medical; D006801:Humans; D016365:Liability, Legal; D010380:Peer Review / Q000331:legislation & jurisprudence*; D010820:Physicians / Q000331:legislation & jurisprudence*; D011641:Public Relations; D012941:Social Responsibility; D014342:Truth Disclosure