Friday, 20 June 2014

Discussion 3-1

Boston News published an article about Boston area doctors who hang autographed photos of sports figures in their waiting rooms as a marketing device, with money to be made by impressing prospective patients that the doctors treated the famous athletes. Former Baseball player John was interviewed for the article and told a Boston News reporter about his psychiatrist, Andrew, “I don’t like that man…he is always telling me I am psycho.” The next week the Boston News ran an article on the sports page about Baseball players and mental health issues. The reporter took the time to interview John’s three ex-wives and review court papers indicating John has been the subject of at least three restraining orders for domestic abuse. After the article ran John’s speaking engagements, a source of income for him in retirement all canceled.
His fourth wife filed for divorce and John canceled all future appointments with Dr. Andrew out of frustration. Jon sued the Boston news, its reporter, and his three ex-wives for defamation and slander. He asserted Boston News had been less than truthful with him, giving the impression the he was giving information on where his autographed photo appeared not an expose on his personal life. Has a tort been committed? Has a crime been committed? Please define all legal terms in your answer. Does John have any lawsuit for his image being used by his Psychiatrist Dr. Andrew?

Also, what is Libel?  What is slander?  Is it present here?  If so are there any defenses available to the allegation of Libel and Slander?

Discussion 3-2

Below is a link to an article about a Hepatitis - C outbreak which was been discovered at a local hosptial . Please discuss who is responsible, what duties private or public have been breached and what types of claims can a person who was infected at the hospital might bring.
http://exeter.patch.com/articles/tracing-an-outbreak

There are crimes violation of public duties and torts violation of private duties.
There are categories or levels of these breaches of duty.  Intentional, Negligent and violation levels.  Please analyze the potential torts or crimes in this scenario?

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