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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a defamtion of my name by a hospital doctors and nurses.

Customer Question

I have a defamtion of my name by a hospital doctors and nurses. It is all a lie. They said (shortly said) I was not taking care of my SIO when he was deathly sick..they said I didn't give him food or fluid. He (dr,) called a social worker...etc..and was going to start an issue with Social Service..that they check into adult 'abuse protection' and check the house.He had the nurse lying about things like they said I said to 'John while was hospitalized.. 'I told him not to eat food because you will 'shit the bed again and you don't need any thing to drink like I said last night....and they goes on & on..I was sooo upset I couldn't evem talk about without cryings..I am 68 yeas old a ond NEVER EVER woulld I do things like that....I have copies of these hospital records.I have witness' that were at the home....My personal Dr called me to tell me they were saying bad things about me.... in medical report on John..he wiil stand up for me as I am a patient of 35 years..ans he know me WELL....anyway "THANK GOD" hmy John did survive. WE lives in a town of 17,000....this is at the hands who ha access to hospital computer system, any doctors office etc. This is very very up setting. we middle class (poor sidE)LOL! WE HAVE A BEAUTIFUL HOME AND NICE CARS..BUT NOT NEW..mAYVE He coulbuy us a couple new cars or 2???I have all the prood..P>S> John's Brother flew in to see him..Doctor..Never questioned him.about mE!!!!dah!..he is klso a good name is XXXXX XXXXX XXXXX [email protected]
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.

Thank you for your question.

You have the right to sue the hospital for defamation under the set of facts which you have just laid out here.

That being said, what is your exact question that we can answer for you?

I look forward to hearing back from you.

Customer: replied 3 years ago.

IN your opinion do we have a case that would probably not go all the way to court.. What woukld be a an amount to asked for? I don't think it would go too far...they would hate to have this in local paper.'

You see the last time jojn was in hosp. they gave him horrible care...when i filled out the survey.. with honesty...I think the whole motive was to get back at me for that...These dr and the nurse were abosultely NIce..Back stabbing me al the time...Could we win this...and how do I find a lawyer.

Expert:  TexLaw replied 3 years ago.
I'm going to be up front with you and tell you that defamation lawsuits are not something that produce a large amount of money.

That being said, can you tell me how their defamatory statements has affected your ability to make a living?

Has it actually caused you to lose any money?
Customer: replied 3 years ago.

I don't care $75,000 would nice

WE are both retired..every time


AND HE WAS ABSOLTELY FURIOUS,... ALSO. I get near the hospial or other the 'nursing home' .WHERE JOHN IS NOW.they all know it because it was rePort...It mAkeS FELL feel mad/sad because i know what they are thinkinG..WHAT A BITCH!! ALTHO tHEY ARE ( AS WERE THE LIEING NURSES) VERY NICE.'


Expert:  TexLaw replied 3 years ago.
Thanks for your response.

I completely understand your anger about this. I will say though that without any actual damage such as a loss of money or other affect to your reputation which has caused you economic loss, it is highly unlikely you would recover anything remotely close to $75,000.00.

The type of damages you have are called nominal damages, which are generally only something which are going to lead to a small judgment from a jury.

I know this is shooting you down, and I don't mean any disrespect by this. I just don't want you to go to court and file a suit expecting to make a lot of money out of it when the courts never produce this kind of jury award on these type of facts.

You might consider filing this case and then attempting to get a settlement. You would win the case, but without proof of an economic loss (which is what the law focuses on in these situations), you will not likely recover a large award.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 10 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
What do you think would be the amount to ask for? John's brother from VA flew in to see John, The staff at hospital never said a word to him about me??!! and the 'lack of care' (lies, lies)does this sound like they were concerned, 'Rick' should have been told these things they were saying when I wasn't in the room. John would not eat, it made him sick to eat and all I could get him to eat was applesauce & jello and all the water & juice he would drink. I had people at the house that seen how I was caring for him....I was doing everything I could do...
Expert:  TexLaw replied 3 years ago.
It is the fact that one of the doctors thought this and told it to another person which makes it defamation. If they would have told Rick, they would have been further defaming you, so it is good that they did not do that.

This would be a claim I recommend for small claims court. The jurisdictional limit in small claims court is $6,000.00. So that is what you should demand.

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