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QLD Sister's Lies - Criminal Law or Civil Law?

Discussion in 'Criminal Law Forum' started by Dwayne Harry, 9 February 2016.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi, I keep getting conflicting information about whether or not a crime committed against myself falls under criminal law or civil law.

    In short:

    - I became seriously ill and ended up in the hospital.
    - My sister advised the hospital that my illness was caused by alcohol abuse (lie).
    - I have been in a psychiatric hospital for a period of 16 months receiving incorrect treatment due to my sister's lies leading to misdiagnosis. (Please note: I had been consuming a lot of alcohol the night prior to entering hospital).
    - I have and am still suffering enormously, both emotionally and physically due to the incorrect diagnosis from my sister's lies.
    - My sister continues to deny it was her that provided the information to the hospital, however, I have had it confirmed that it was her.

    Please, I really need some expert guidance on whether or not I should go to the police or not. I'm in so much physical and emotional pain.

    I obviously understand that any help given is not accountable in any way and my actions are of my own volition.

    Kind Regards
     
  2. Rod

    Rod Well-Known Member

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    Hi Dwayne,

    Looking at this from an outside perspective:

    You were admitted to hospital.
    Your sister didn't cause your admission.
    You claim your sister lied to doctors after admission.
    Doctors have had ample time to properly diagnose your condition, independently of what your sister may or may not have said.
    Doctors would have formulated a care plan based on their diagnostic evaluations, not your sister's claims.
    You have been in psychiatric care for 16 months.

    It may be possible that your judgement is influenced by your condition.

    Unlikely to be criminal unless you have rock solid evidence of her actions. It would be up to the police to decide what to do.
    Civil action, while having a lower standard of proof, may at best, just be limited to the initial period following admission. The fact that you have 16 months treatment seems to suggest your sister may have good cause and you'd be unlikely to win a civil case. A court would be more strongly influenced by the doctors reports, not what your sister has done. And the type of condition you have may become a factor against you.

    Strongly recommend you focus on becoming well and put all other thoughts aside till after you are better and some more time has elapsed.
     
  3. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi Rod,

    I appreciate your comments and respect your point of view, however, I had been consuming alcohol the night prior to my hospital admission and, therefore, I still had alcohol in my system when I was admitted to hospital. My bank records (I was/am disciplined in making the majority of my purchases via Bankcard for tracking and budgeting purposes) show that I hadn't purchased any alcohol for 15 days prior to collapsing in my house (alone).

    I had received a spider bite in the weeks prior to collapsing, which hadn't healed by then. My thorough research indicates all the symptoms of Redback envenomation. The hospital report even states that I was exclaiming "spider bite". I know for absolute certain that it was my sister, who had flown up from Victoria to Queensland after hospital admission, I just have any documented evidence at this stage. Three times, via FOI request to the treating hospital, I have unsuccessfully attempted to gain the evidence required for charges to be pressed and obtain the correct treatment.

    Everything I state above is completely true and correct I just need to obtain that one document from the hospital that proves it.

    Kind Regards
     
  4. Rod

    Rod Well-Known Member

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    Why do you think the hospital has this record, and what makes it different from the other records you already have?

    You should ask the FOI people how to get the document you seek. I don't know if there is an appeal process to go through when you think information is missing from your FOI records.
     
  5. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Unfortunately, as per the Information Privacy Act 2009, Section 67 of the IP Act states - Grounds on which access may be refused

    (1) An agency may refuse access to a document of the agency and a Minister may refuse access to a document of the Minister in the same way and to the same extent the agency or Minister could refuse access to the document under the Right to Information Act, section 47 were the document to be subject of an access application under that Act.

    The effect of the above provision is to allow the grounds on which access can be refused for access applications under the Right to Information Act 2009 to be used in the same way and to the same extent for access applications under the IP Act.

    75 RTI (Act) Deletion of contrary to public interest information

    (a) an access application is made for a document containing contrary to public interest information; and
    (b) it is practicable to give access to a copy of the document from which the contrary to public interest information has been deleted; and
    (c) it appears to the agency or Minister concerned (whether from the terms of the application or after consultation with the applicant) that the applicant would wish to be given access to the copy.

    There is much more, but basically, what they are stating is that there is information pertaining to a third party that has been removed as per:

    Section 47(3)(b) On an application, an agency may refuse access to a document of the Minister -
    (b) to the extent the document comprises information the disclosure of which would, on balance, be contrary to the public interest under section 49

    Section 49 relates to Factors favouring no disclosure
    - Personal information of another person
    - Information that was provided in confidence
    - information was provided on the understanding that it would be treated in confidence.
    - Individuals right to privacy
    Etc, etc.

    Regarding Public Interest, they decided it was not appropriate to release the information pertaining to the third party.

    Regards
     
  6. Rod

    Rod Well-Known Member

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    Obtaining a court is another way. I don't know how to do this without having a case in progress.
     
  7. AllForHer

    AllForHer Well-Known Member

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    You would probably have more success bringing a case against the hospital for medical negligence, rather than against your sister. In that case, it would be a civil matter.
     
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  8. Ponala

    Ponala Well-Known Member

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    Even if your sister did lie, I think the professionals would not base their diagnosis solely on what your sister says, they are trained experts and would make a diagnosis based on a multitude of factors. I am sure you told them you don't have an alcohol issue and your sister is a liar, they would have listened to that as well.

    Going to the Police won't achieve anything, people lie to medical staff all the time and it isn't criminal. Why would your sister lie about you having an alcohol problem?

    The doctors etc. are experts in what they do. Have you got other medical professional evidence that says you were misdiagnosed?
     
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  9. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi Ponala,

    I completely agree and I've questioned this myself many times. However, the truth of the matter is that my sister did lie about the cause of my illness and I am still suffering, physically, mentally and financially from my misdiagnosis.

    I have been to the police today and you are also correct, they didn't want to even consider investigating my claim. However, I have conducted further research into the legal aspects of my case and I believe my mistake was a misinterpretation of the charges I should have been claiming.

    I should have been claiming charges of Criminal Negligence (Mens Rea).

    In a criminal court, the amount and degree of negligence are the determining questions. There must be Mens Rea.

    Mens Rea - Needs to be proved by the Prosecution from the offence. If it is a Common Law offence, Mens Rea is found out by relevant precedent. Where the offence is in Legislation, the requisite Mens Rea is found by interpreting the intention of the Legislation. They must intend to commit the full offence.


    I think I'm on the right path this time and look forward to receiving your thoughts on my situation as your advice is most welcome.

    I have engaged a Solicitor for my Medical Negligence claim and they have independently analysed my financial records (the majority of my purchases were always via bank card) which clearly prove that I was purchasing anywhere near the amount of alcohol as claimed I was consuming on the medical report. Neither was the amount I was purchasing close to dangerous levels.

    I have, after many battles, arranged a complete review of my current mental and physical state in line with my diagnosis.

    Kindest Regards
     
  10. Dwayne Harry

    Dwayne Harry Well-Known Member

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    If a person was seriously ill in hospital and another person provided information relating to the cause of their illness but requested that their identity remain confidential, would/could the identity of the person be disclosed to a relative or friend?
     

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