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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My soon to be ex-husband and mother-in-law made a false referral

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My soon to be ex-husband and mother-in-law made a false referral to the BON because he went back to jail for a probation revocation while we were separated and they thought I turned him in. They have already admitted they done it to be vindictive and "out of spite" and I have text and letters from them stated such. This is a horrible situation for any nurse to go through especially when it is unvalidated. I am divorcing him and have every intention of sueing her for Libel since she filled out the form and signed it because it would "look" better if she did instead of him since he was going back to jail for a second time on a drug related charge. Can you advise?
When you say they made a false referral, what exactly did they say and what has the result been?

Have they told anyone else?

Did the Board of Nursing take any action because of their statements?
Customer: replied 3 years ago.


He uses meth and decided that I would be viewed as "guilty by association" since I am married to him. We have been separated since last July. He told me that they said I used "speed" in August and was bringing home Morphine from the hospital. The board sent me a little without ever investigating asking me if I wanted to accept enrollment in the TPAPN program; which I politely declined. They have told anyone who will listen. My case has been referred back to the board for further investigation. I have been a nurse 20 yrs and have NEVER been referred, reprimanded, etc. I have never used drugs and have never had a positive urinalysis. I have had two random drug screens for pre-employment agency work in the last two months. I'm thinking with the letter he has written me and all the texts I have from both of them, that it should resolve without issue. However, this is not a good place for any nurse to be in, innocent or not. It leaves you with a "stigma".

I see.

What I recommend is printing out everything you have from him stating he is lying and is trying to be vindictive and putting it into a formal response letter to the BON stating that you have been defamed by the false allegations, that you have proof of the false allegations attached, asking them to drop the investigation immediately and remove any reference to it from your file. You would probably be taken more seriously if you had a local attorney write the letter for you on their firm letter head.

You can also sue your ex for defamation, but unless they have any money to pay a judgment it would not be worth it.

Please let me know if you have further questions. Please also consider rating my answer positively so that I will be compensated by the website for my work on your question.

Thanks,
ZDN
Customer: replied 3 years ago.


Thank you and I will begin that process with the board. My only other clarification is this. Since his mom filled out the form and signed her name as complianant, it would be her I needed to cite in a suit correct? And is it possible for me to prepare and file the Tort of Libel myself and if so, where can I find those forms?

Hi,

You would sue both your ex mother in law and your ex.

You can indeed sue them both. The tort is called "defamation" (libel is no longer used in Texas law and has been combined with slander to be called defamation).

If you were to sue yourself, you would bring the claim in the small claims court where they live. The limit of what you can ask for in damages is $10,000.00. The form for making this claim can be found at the small claims court itself. You can find the small claims court address by for example, googling "Houston small claims court" or "Dallas justice of the peace". This will get you to the website which have the address where you need to file the suit. Each county uses different forms, and some post their forms on line.

You would need to bring evidence with you (the BON letter) showing that their statements hurt your professional reputation. The court can then give a judgment for an award in your favor.

Good Luck!
ZDN
Customer: replied 3 years ago.


Thank you very much, I truly appreciate your assistance. Even though some may think this trivial, I am good at what i do and nobody should try to take someone's career and way of life away from them out of true evilness. I don't care if they have a dime and I get nothing, it is now a matter of principal for me. Again, thank you so much!

I don't think its trivial and I'm glad I could help you. I hope you get the justice you deserve.

-ZDN
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