Libel law in the UK

doi:10.1136/bmj.b2759

Published 9 July 2009, doi:10.1136/bmj.b2759
Cite this as: BMJ 2009;339:b2759

Editorials

Libel law in the UK

Scientific disputes should take place in the pages of journals,not in court

The first 150 words of the full text of this article appear below.

Clinicians know they face multiple jeopardy—patients mayseek compensation for alleged negligent acts and employers mayinvoke disciplinary procedures, incidentally with many safeguardsfor doctors working in the UK NHS recently swept away.¹ Theymay be criticised by coroners, face criminal charges includingmanslaughter,² and be subject to sanctions by regulatory bodies.Researchers uninvolved in direct patient care may have feltlargely immune to such curbs on their activities, but they areincreasingly being exposed to the risk of legal action by disgruntledmanufacturers or interest groups.

The United Kingdom has the unenviable reputation of being ahaven for those wishing to pursue claims for defamation.³ PeterWilmshurst, a cardiologist in Shrewsbury, England, is havingto defend such an action by NMT Medical, sponsor of the MigraineIntervention with STARflex Technology (MIST) I trial.⁴ ⁵ Wilmshurstwas an investigator in this study into the link between migraineand patent foramen ovale, . . . [Full text of this article]