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RobertJDFL
RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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Hello my name is XXXXX XXXXX mom is a patient of a home health

Customer Question

Hello my name is XXXXX XXXXX mom is a patient of a home health agency that comes to her home and do home health aide, physically therapy and also provide a skill nurse. The question I have to ask is do my mother have a case for slander. There was a schedule error on my behalf in which I apologies to both and after that day it was suppose to be done and over. Apparently my mom physically therapist launch a compliant to the manager the manger then contact my mom clinical care manger and told her that my mom called in an reported that my mom nurse came to her home and have way did her job and then left. The next follower week when my mom nurse call to set appointment for her to come to visit my mom, she then apologies and ask me why did my mom call in on her. All this was a big surprise to me and my mom. We told her my mom did no such thing. I'm my mom's care taker so I took it upon my self to call their office on Monday and talk to the manger because my mom was too upset Oct is a very depressing, stressful and painful month for my mom she lost her mom and brother in Oct.
The head manger of the office told me these exact words. "I throw your mother under the bus because I did not want 2 of my employees mad at one another. I'm so sorry for this but i had no choice in the matter. This information enraged me so much. My mother and I would like to know is this grounds for a law suit my mother got put in the middle of a situation that she did not do and to top it off it adding to her stress. These are the people that are suppose to be coming out to help her heal and to not add to her stress what can we do?

Sincerely

Natasha C
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question today. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

I'm sorry, but I don't see a lawsuit here. Defamation of character, be it spoken (slander) or libel (in print) requires that a plaintiff prove several elements: 1) That a false statement or statements was made about them, 2) That is was made to a third party or parties, and 3) That it resulted in damages.

Even if the agency made a false statement regarding what your mother reportedly said -- which she did not -- I see no damages. While it was unprofessional of the agency and I would probably be looking elsewhere for a service to take care of her, there are at best miminal damages suffered by your mother. No doubt she was angry and upset by this. However, that doesn't rise to the level of a lawsuit.

If there was any recovery, it would be so minimal that I believe no lawyer would take on such a case because after litigation costs and expenses, there would be nothing left.

I realize this is not what you wanted to hear, but it would be unfair to you, and unethical of me, to tell you anything less than the truth.


Please let me know if you need any clarification or additional information.
Customer: replied 1 year ago.

Thank you for your answer.. Its not what I wanted to hear but your answer is what we needed to hear.

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Expert:  RobertJDFL replied 1 year ago.
You're welcome. I'm sorry I couldn't tell you something more positive.

Please remember to give me a positive rating, as that is the only way I am compensated for my time and assistance today.

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