Is there a leg to stand on suing?

Question

a doctor whom after taking a child in to have a general checkup, the doctor says "I have concerns cause this child never talks and never smiles" in a doctor's office of all places. Then orders blood tests and makes an appointment to discuss results. The follow up appointment starts with asking questions like do you and your spouse fight alot and this looks like sexual abuse and accuses or asks if the spouse would ever do anything like that and if the spouse was the biological parent out of the clear blue sky just because the child doesn't smile or talk to more or less strangers in a doctors office? Suit for Slander and False accusations and mental anguish?

Answer 1

first of how old of a child? so your ticked that a doctor is concerned with the mental and physical welfare of the your child. Most doctors and such like teachers are required by law to report anything they see as a possible sign of abuse and if they take the extra steps to check on the child alright. Assuming they are doing this to the parents and not announcing this to others then I would have to say no to libel/slander as you have to prove that it has negatively affected you ie lost you a job, contract, made your neighbors treat you like crap and anything else.

Answer 2

You have no case. The Doctor did exactly what he is supposed to do. He first did medical tests to determine if there was a medical problem for behavior he felt was not normal for a child that age. If they came back normal,he then would question if there is a psychological problem. The child is his patient,not the parent and therefore he has every right to ask questions to find out what the problem might be.
If he didn't pick up on a potential problem such as physical or sexual abuse and act on it,then he wouldn't be doing his job. If there is no truth to what he is asking about,then there is nothing to worry about. He did not make false accusations just by asking questions.
My friends Doctor asked her the same questions,sadly,his assumptions were right and the child was being abused. He is only trying to protect the child. I would be glad to have such a caring Doctor,there are alot out there that aren't.

Answer 3

You can't sue for slander if he didn't tell it to anyone else. Asking questions is not false accusations, it's questions. And unless he goes to the officials with those allegations, it's not a legal accusation. As for mental anguish, you would have a hard time getting a judge to penalize a doctor for trying to protect a child (if it was needed or not).

In short, the only one you might have even the slightest leg to stand on is mental anguish, and that one is a huge long shot.

Answer 4

NONE of the above.

The doctor has legitimate concerns (lack of interactivity is often a sign of abuse of a child.)

He is ethically and LEGALLY bound to ask those questions to investigate.

Answer 5

You are legless, in my personal opinion.Doctors see lots of children, lots. If the doctor suspects child abuse, he/she might have the wrong problem but something is probably amiss with the child and needs attention.