I have a individual lawsuit against the co-workers who caused emotional distress. What things am i looking at when it comes to sueing the facility that allowed this behavior to happen. I reported that the ladies was entering my file but the chief compliance officer of the hospital stated that NO ONE went into my file and when i had the list printed again with all the names of the individuals who access my file her name Chief compliance officer was the main one all over the list. I am sueing
Country relating to Question: United States
State (if USA): Indiana
Thank you for the post, I am happy to assist you by answering your questions. What harm have you suffered as a result?
emotional distress, not wanting to go VA for treatment, academically, no job, my first amendment rights, retaliation not wanting to be involved with family and friends.
ok, when you say "what things am I looking at" what exactly would you like to know?
What can i sue the facility. exp: Negligence, Retaliatory discharge etc...
Negligence, and negligent hiring and retention. In order to sustain a claim for retaliatory discharge, you need to prove that you were terminated based on you having engaged in a protected activity, such as filing a discrimination charge or opposing unlawful employer practices, and were terminated as a result.
Negotiate, Draft, and Review many complex commercial agreements each year.
Can you explain negligence, and negligent hiring and retention.
Yes, the elements of negligence are duty, breach of duty, and damages proximately caused by the breach. Webb v. Jarvis, 575 N.E.2d 992, 995 (Ind. 1991). An essential element in a cause of action for negligence is the requirement of a reasonable connection between a defendant’s conduct and the damages which a plaintiff has suffered. This element requires, at a minimum, causation in fact (i.e. that the harm would not have occurred “but for” the defendants’ conduct). Daub v. Daub, 629 N.E.2d 873, 877 (Ind. Ct. App. 1994)Negligent hiring and retention requires a showing that a principal or employer is liable for the tortious acts of its agent or employee when the agent’s tortious acts were done within the course and scope of the employment. Clark v. Millikin Mortg. Co, 495 N.E.2d 544 (Ind. Ct. App. 1986); Estate of Mathes v. Ireland, 419 N.E.2d 782, 786 (Ind. Ct. App. 1981). An employer will be liable for the tort of negligent hiring and retention if the employer failed to exercise reasonable care. Konkle v. Henson, 672 N.E.2d 450, 454 -55 (Ind. Ct. App. 1996) (citing Frye v. American Painting, 642 N.E.2d 995, 998 (Ind. Ct. App. 1994)).
Timely filing against government agency is it from the date it was proven or the time the incident happened.
thank you for the follow-up post, did you intend to post a follow up question?
Thank you. It is from the date the incident happened.
How long do u have
The statute imposes two filing deadlines on claimants:A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified orregistered mail, of notice of final denial of the claim by the agency to which it was presented. 28 U.S.C. § 2401(b) (2010). Thus, a plaintiff must file an administrative claim with the appropriate federal agency within 2 years of the time the claim accrues and begin an action within 6 months of the mailing of the notice of final denial of the claim. Gould v. U.S. Dep't of Health and Human Services, 905 F.2d 738, 742 (4th Cir. 1990) (en banc).
What is the cap amount that I can sue for in the state of Indiana? I'm suing the hospital and all the individuals who accessed my medical records. Can you give me a break down for both.
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