Physician exceeding authority?

November 15, 2008

My doctor asked me to fill in a questionnaire about how I felt about suing the insurance company for compensation after a car accident. When I got home I began to feel suspicious because if the insurance company got hold of the confidential information from the survey that could go against me. Kindly advise.

 

You should never fill out surveys about how you are progressing in your physical and mental condition when you have a matter with an insurance company. Experience has shown that some doctors could ‘inadvertently’ pass on the information to the insurance company. There was a precedent to this effect where the doctor tried to leave the country before the matter was formally heard. If your doctor passes the information to the insurance company, that would be a very serious breach. It could constitute misconduct which would be serious enough to suspend the doctor from practicing for some time. In any event, you should always obtain a copy of the survey you filled in. Also, ask the doctor what he was going to do with the survey you filled in and on whose behalf it was done and if he is going to send a copy of it to the insurance. If he refuses to answer those questions, write a complaint to the Medical Board.


Breach of promise to marry

July 18, 2008

BREACH OF PROMISE TO MARRY: I am fairly good looking 28 years old female with a reasonably good figure. My ex-fiance who I was going out with for nearly four years decided to dump me for no apparent reason. I am very hurt and feel I was regularly sexually exploited for four years. Can I sue him?

You cannot legally enforce a ‘promise’ the way you can enforce a binding contract. In the old days, Hollywood celebrities used to talk about suing some ex-fiance for damages for a breach of a ‘marriage promise’, but promises are legally NOT enforceable. A ‘promise’ does not have the same legal ingredients as a contract. If a promise had the same legal ingredients as a contract, then it would not be a ‘promise’, it would be an enforceable contract. One also has to be careful about making claims of sexual exploitation. If your partner can show there was consent by you for any sexual activities, you won’t have a case against him in this respect. In court, claims could backfire. For example, whilst you claim, perhaps rightly so, that you were regularly sexually exploited, your fiancé might be advised to make the same claim against you. The male partner could claim, “She was the one who was sexually demanding.” Who is the court going to believe? One can understand the court not being able to accept the argument from either of the parties. In civil matters, the person taking out a legal action has to prove on balance of probabilities. In these circumstances, it would not be too easy to do that.