What would you do

Kev1967

Hi all,

Have had a friend I’ve known decades displaying very worrying mental health symptoms for the last year. I’ve regularly encouraged him to see his GP and said I was worried but to no avail. Eventually after becoming so concerned I decided to write to his GP outlining concerns. My friend was called into an appointment with the GP and asked a series of personal questions, which resulted in him realising what I had done. He immediately cut all contact. Six months later he has instructed a solicitor who has contacted me.

The solicitor has requested I write to the GP to retract the letter or further action will be taken against me for defamation and harassment. I have written evidence in the form of text messages from my friend stating most of the points I made in the letter, however my friend is suggesting I have lied and taken innocent conversations out of context. I realise the easiest thing would be to retract the letter, however I am concerned if my friend harmed someone else or himself then my letter being on record would be really important. I also hope at some point the GP will take action and me retracting the letter could have implications for that. Obviously I do not want to go to court.

mpython

Get a solicitor to write a rebuttal letter.

It'll cost your "friend" £10k to take you to court for defamation.

hollydays

Why did you think your friend would harm someone?

Red-Squirrel_2

I think I would just ignore it, or maybe a short letter/message stating that you only acted as you did because of how much you care about him and your door will be open if he wants to make contact again.

What you wrote was true and it was done out of genuine concern for his safety and well-being. It also hasn’t caused him any tangible ‘loss’. His GP is bound by confidentiality, but he had no reason to expect confidentiality from you.

The idea of a ‘retraction’ is meaningless anyway. The only person who read it was the GP who can’t unread it. Any medical notes the GP made about the situation are legal documentation now anyway and can’t just be erased.

Les79

if my friend harmed someone else or himself

To be honest, I think you've potentially got a case for reporting it to the POLICE if said person could put innocent people in danger.


I'm by no means a legal expert, but it seems to me like your "friend" would have no case when it comes to defamation because you've got the facts at hand! You acted upon what you felt was valid information. It came straight from the horse's mouth. Your interpretation may have been wrong, but you didn't make anything up.


Also do some investigation into this solicitor they've used. I assume that the letters/emails you received are letterheaded? See if there's anything questionable about their correspondence. Maybe even call the office and do some googling. There is a possibility that said "friend" is blagging you here and that no solicitor exists (though don't ASSUME that's the case). Again, I'm not a legal expert but I feel that if said "friend" HAS contacted a solicitor then they either have more money than sense or they are trying to cover up the problem and pretend that they are a normal functioning person (and maybe some more serious stuff knocking around for them)

Red-Squirrel_2

Les79 wrote: »

To be honest, I think you've potentially got a case for reporting it to the POLICE if said person could put innocent people in danger.

Good point.

theoretica

Dear GP,
Re John Bloggs

I have recently received a demand from Tailors and Swift, Solicitors, that I retract my letter of 10th June detailing my concerns about John Bloggs and his mental health or further action will be taken against me for harassment and defamation. In accordance with this demand, I hereby retract my previous letter.


copy to the solicitors.


Previous letter retracted and matter brought back to GP's attention.

paddy's_mum

Kev1967 wrote: »

Six months later he has instructed a solicitor

Six months! Quick off the mark, isn't he?

I suspect that he has been stewing on this for all that time and the time lapse alone would suggest that he does indeed have problems of some kind.

I am not a lawyer but commonsense says no judge is going to look at that time lapse and conclude that the man was terribly emotionally wounded by your well intentioned intervention.

How would the world go round if people didn't act on what they believed to be the case at any given time. There would be no need for police, paramedics, parents, government, authority, law makers...

Mischiefmanaged

I would bin it. No action will come of this and all of the above posters are correct. I would actually more concerned about my friend following this. I would keep everything if needed for the future and if this friend carries on like this l would do suggested above and reluctantly report them to the police.

A solicitors letter is just that, a letter from somebody who is a solicitor. There is no legal standing with them. So often I've heard or read ' I'll send a solicitors letter' like their magical but in all honesty if you pay some solicitors they'll write just about anything as long as they get paid.

pinkshoes

Wow. This friend really does have mental health issues, and the solicitor letter proves this.

Ignore the letter.

You have texts showing proof of the facts so it would be laughed out of court. I doubt it would get that far!

Just send your "friend" a nice Happy New Year card wishing them all the best for 2019, but mention nothing else.

MothballsWallet

I wouldn't ignore the solicitor's letter though.