Re: Autumn issue | Page 74

Protecting your reputation Scarlett Johansson has recently won a court battle in France in relation to a book which she said made false allegations about her private life. Ms Johansson’s claim was based on the defamation action of libel. It was an attempt to prevent untrue statements or a storyline related to her from being published. The book’s character was based on the actress, and the character had two affairs, which Ms Johansson did not have. She objected to this and said it was defamatory. The court upheld her complaint in this regard and the author was ordered to remove those references in his book. Defamation relates to words published or spoken to third parties that are likely to cause damage to your reputation. They can be a direct accusation against you that is untrue or a negative implication that identifies you in some way. A defamatory statement will result in lowering you in the ‘estimation of right-thinking members of society’, or damaging your reputation by exposing you to ridicule or contempt. However the court awarded her much lower damages than she claimed and refused to prevent the furthe r translation of the book and the possibility of it being made into a film. You don’t have to be famous or a celebrity to need to protect yourself against untrue allegations or damage to your character. Because of the popularity of the Internet and social media, people are able to express their opinions in public forums and make statements that have the potential to be defamatory in a much more public and widespread way. A statement or accusation can be spread quickly and circulated by other users. In a society where people comment and express opinions using blogs and forums such as Twitter, a comment can have a wider and more negative effect. Users should therefore be mindful of the effect their posts could have. So what can be done to protect yourself if someone says something untrue about you that will damage your reputation? Time is of the essence so you must act quickly. To be able to make a defamation claim, you will need to show that you have suffered serious harm to your reputation as a result of that post or statement. Gather your evidence and contact the litigation team at Mayo Wynne Baxter as soon as possible to get some initial advice. We can take action on your behalf to contact the publisher or Internet provider to take down the statement or obtain an apology and correction. We can begin legal proceedings on your behalf to seek compensation. If the statement or article has not yet been published, we can obtain an injunction to prevent publication. There are several defences that may also apply and we can advise whether any of these might be relevant or affect your claim. In the alternative, if you find yourself on the other side as the subject of a claim for defamation because of something that you have posted or published, we can advise you on your options and possible defences. By Miranda Jenkins 72 The importance of early diagnosis Research shows that in many cases, the sooner cancer is diagnosed and treated the better a person’s chance of recovery. What then is the impact on a person who is told that as a result of failings in care, the opportunity to diagnose their cancer at an earlier stage was missed? It is distressing and upsetting enough for a person to be told that they have cancer but to realise that there has been a serious delay in diagnosis is traumatic, particularly when it can seriously affect their outcome and prognosis. In this age of greater transparency, we are seeing more hospital trusts admit at an early stage that investigation results were not followed up and an opportunity to diagnose was missed but is this sufficient to establish negligence? In cases where a hospital trust has admitted failings in care, it will be necessary for a claimant to establish that ‘damage’ was caused by these failings. In the case of Greg v Scott [2005] UKHL, the defendant misdiagnosed the claimant’s malignancy, resulting in a delay in treatment. In this case, `damage` was defined as not obtaining a `cure`. The claim unfortunately failed, as it could not be proved on the balance of probabilities that with appropriate care a `cure` could have been achieved. However in the case of Judge v Huntington Health Authority [1995] 6 Med LR22 the `damage` in this case was described as the spreading of an undiagnosed tumour into the lymph nodes. This claim was successful as could be proved that at the time the breach of duty occurred, the tumour had not spread into the lymph nodes. At Mayo Wynne Baxter we recognise the sensitive nature of claims relating to a cancer diagnosis and appreciate the distress a delay in diagnosis can cause, not only to a claimant but also to their family. With that in mind, we endeavour to secure damages at a level that reflects the significant pain and suffering a claimant has endured. We also seek to recover damages for past/future loss of earnings, care, equipment and therapy needs. This works to ensure that claimants are fully compensated for their loss and have the means to be cared for. Over the years, our team has successfully secured compensation for a number of claimants who have experienced delay in cancer diagnosis ranging from three months to three years. If you or a family member has experienced a delay in cancer diagnosis, please contact the Mayo Wynne Baxter clinical negligence team so that we can advise you on the merits of bringing forward a claim. By Katy Meade 73