The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
No man may disparage the reputation of another. Every one has a right
to have his good name maintained, unimpaired. Words which produce any
perceptible injury to the reputation of another are called defamatory:
and if they are false they are actionable. False and malicious
defamatory words, if in printing, writing, pictures or signs, and
published, constitute a libel; if spoken, a slander. A caricature may
be a libel; so may a chalk-mark on a wall, a statue, hieroglyphics, a
rebus, an anagram or an allegory, or even ironical praise.
Defamatory matter, whether published in the form of libel or slander,
is actionable when it imputes a criminal offence (or a contagious or
infectious disorder) or affects the plaintiff injuriously in his lawful
profession, trade or business, or in the discharge of a public office,
or generally when it is false and malicious, and its publication
causes damage to the plaintiff either in law or in fact. Defamatory
matter, the publication of which tends to degrade or disparage the
plaintiff, or which renders him ridiculous, or charges him with want of
honesty, humanity or veracity, or is intended to impair his enjoyment
of society, fortune or comfort, is actionable as libel, but not as
slander, unless special damage be proved [340]. |130|
The person defamed by a libel has not only a civil remedy to recover
damages but he may also, in some cases, proceed criminally by way of
information or indictment and have the defamer punished as an offender
against the state. If he proceeds by information he must in general
waive his right to bring a civil action; but he may sue for damages
after the offender has been convicted upon an indictment. An action
for libel must be brought within six years; and an action for slander
within two years, unless the words spoken are actionable only by reason
of special damage, in which case the action may be brought at any time
within six years.
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