Public Clarification Request

[MamaSan]

I recently attempted to post a harrowing and potentially disastrous experience I had that involved an elderly stroke victim having to wait more than 7 hours in the hallway of our local World Class Stroke Center before getting a room.

 

As an infrequent poster, I was shocked to receive a warning from TV, citing Rule #6 “Defamation is the issuance of a statement about another person or business which causes that person to suffer harm.”

 

My intention was to prevent harm to others who might be considering this facility. Granted, relating such experiences might harm this business but is there no concern for the people who could be harmed?

 

So – would this post have been ok if the hospital’s name were withheld?  Do we simply find a way to turn a blind eye, say “mei pen rai?”  This seems troubling so with respect, I’m hoping to get some public clarification here.

[Oscar2]

you need to dance around the actual name of the facility, like "the place near Tesco Super Highway", or "the place near C.M. Gate", etc.

 

use the lawyer in you....

[amexpat]

Now you dare to question the decision of a moderator which is also verboten. Expect this topic to disappear too.

[ezzra]

For good or worse, we HAVE to  the TVF rules and conditions, I myself been

warn several time over the years, stuff that is tolerated in any other forums,

aren't tolerated here, so if we want to post on TVF, we have to abide and play by

their rules....

Quote

 

 

[Chicog]

What more clarification do you need? It's the law.

It doesn't matter if you're truthful or not, if you say bad things about someone or something, you open yourself and TV to a defamation suit.

 

 

[Gulfsailor]

25 minutes ago, Chicog said:

What more clarification do you need? It's the law.

It doesn't matter if you're truthful or not, if you say bad things about someone or something, you open yourself and TV to a defamation suit.

 

 

That's not true. Although defamation law in Thailand is stricter than in most other countries, plus it's a criminal offense, not just a civil, when there is a clear public interest, you are allowed to proof the truthfulness of the statement and if done it's not defamation. See criminal code 329 and 330. http://library.siam-legal.com/thai-law/criminal-code-defamation-sections-326-333/

So, in this case the hospital can sue you for defamation (and would likely threaten you with it), but if you have proof your story happened as it did then they will never get a conviction, as there is a clear public interest in this case knowing that the hospital may endanger your health. 

Problem for TV is that they as publisher can also be sued, and they of course can't proof any of your claims in court, nor would they woman's to go to court for your remarks, hence the strict policy by TV. 

[Chicog]

I think you missed my point.

I didn't say they can necessarily win, I said that they can launch a defamation suit.

And they have deep enough pockets to bankrupt you.

http://www.telegraph.co.uk/news/2016/05/19/british-activist-faces-jail-threat-in-thailand-as-trial-starts-o/

[NancyL]

Just because someone has to wait in the hallway of a hospital for a room doesn't mean that they are being ignored.  The key thing is if they were seen immediately upon turning up at the hospital E/R and the stroke was addressed and treated appropriately.  Once their condition was stabilized, it wasn't necessarily wrong for them to have to wait for a room to be made available for them to be able to settle in with their television, refrigerator and comfy bed.  

 

It's very possible there simply wasn't a room available for seven hours.   

 

Heck, I once spent 22 hours on a gurney in the hallway at the local E/R in the U.S.  This was with my consent.  I had pneumonia and they wanted to do a course of IV antibiotics.  If they had admitted me into a room, the charges would have skyrocketed, but by remaining in the E/R for less than 24 hours, the charges were kept to a reasonable level (for the U.S.)  There are parts of the hallway in many hospital E/Rs that are set up just for such situations -- a place to hold patients for several hours on gurneys in a quiet, darker part of the complex, yet have the nurses check on them from time-to-time.  I've seen these sections in the E/Rs here in Thailand.

[Dante99]

Yes, it was never established that care was not promptly and properly given, just a wait for room.  Also most of us know how to identify hospital employees by uniform and badge but that seems to have been a problem for the OP.  Another case of high drama huffy attitude and partial information?

[MissAndry]

1 hour ago, Chicog said:

What more clarification do you need? It's the law.

It doesn't matter if you're truthful or not, if you say bad things about someone or something, you open yourself and TV to a defamation suit.

 

 

 

I thought TV was a Singapore company and subject to their laws not Thai laws.

If laws were dependent on where the reader was at the time, the world would be a very different place.

Edited September 2, 2016 by MissAndry

[MamaSan]

56 minutes ago, Dante99 said:

Yes, it was never established that care was not promptly and properly given, just a wait for room.  Also most of us know how to identify hospital employees by uniform and badge but that seems to have been a problem for the OP.  Another case of high drama huffy attitude and partial information?

What a mean thing to say to someone who freely confesses to the sin of not regularly posting to this forum.  

Had the original post not been removed, conclusive comments based on partial information would be unnecessary.

[JHolmesJr]

Sorry to see you treated this way on this thread, Mama San….looks like you made an honest mistake and are being hauled over coals by the experts here. The mod was not wrong in taking action to uphold thai law (no matter how ridiculous it may seem)….my advice would be to continue posting unrepentantly and grow a thicker skin. When you give it back to bullies they usually stop.

[Chicog]

1 hour ago, MissAndry said:

 

I thought TV was a Singapore company and subject to their laws not Thai laws.

If laws were dependent on where the reader was at the time, the world would be a very different place.

 

It's Thailand. If it's on a Thai computer then it's in Thailand innit.

 

 

Added: Or the unwanted attention might lead to them blocking it in Thailand, which would be a bit of a blow I would imagine.

Edited September 2, 2016 by Chicog

[JHolmesJr]

BTW MamaSan….if you are female….that is a killer username….many folks don't put enough thought into theirs.

[Dante99]

58 minutes ago, MamaSan said:

What a mean thing to say to someone who freely confesses to the sin of not regularly posting to this forum.  

Had the original post not been removed, conclusive comments based on partial information would be unnecessary.

It was the orighial post that I was responding to as I did before it disappeared.  

 

You have still not provided any information that indicates that the patient was not treated properly for their problem, you have only said that it took a long time to get them to a room, a situation for which there are a lot of possible explainations.

 

I wish the patient a full and speedy recovery.  Do you have any update on their condition?

[CharlieH]

CLOSED

 

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