Is it defamatory to describe a medical professional as incompetent, unqualified or guilty of discreditable conduct?
British Columbia, Canada
The following excerpt is from Peterson v Deck, 2021 BCSC 1670 (CanLII):
Professionals may be defamed by comments that question or impugn their qualifications, knowledge, skill, capacity, judgment, or efficiency. Comments suggesting that a medical practitioner is incompetent, unqualified, or guilty of discreditable conduct in his or her profession are defamatory: Casses v. Canadian Broadcasting Corporation, 2015 BCSC 2150 at para. 318, citing Cimolai v. Hall, 2005 BCSC 31 at para. 72, aff’d 2009 BCCA 212.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for professional misconduct under the BC Professional Conduct Guidelines? (British Columbia, Canada)
Can a medical professional be held liable for errors of clinical judgment that distinguishable from professional fault? (British Columbia, Canada)
What is the difference between a breach of the Professional Conduct Rules and professional misconduct? (British Columbia, Canada)
What is a medical professional's duty to conduct their practice in accordance with recognized and acceptable practices of the profession? (British Columbia, Canada)
Is it possible for a medical malpractice court to find medical negligence without receiving expert evidence on common prevailing professional standards? (British Columbia, Canada)
What is the test for a doctor to conduct his practice in accordance with the conduct of an ordinary professional? (British Columbia, Canada)
What is the law society’s sentencing process for a lawyer who has been found guilty of a breach of the Law Society of BC's code of conduct? (British Columbia, Canada)
What is the test for admitting evidence of discreditable conduct? (British Columbia, Canada)
Is a physician or medical doctor required to testify to the medical necessity of a future care item? (British Columbia, Canada)
What is the standard of disclosure required by a medical professional? (British Columbia, Canada)
