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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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I am a registered nurse and was in charge of my ward.. one

Customer Question

i am a registered nurse and was in charge of my ward.. one of my patients required pain relief.. i asked her if i could give him the morphine which was charted, he was NFR.. she insisted i give him endone (orally) which he was refusing.. i asked her to administer it, he pursed his mouth shut.i asked her not to force it down the mans throat as i was now changing his oral intake to nil by mouth because of high risk of aspiration. The Dr stated in front of colleagues that "You just like opiates"
I have a chronic back condition, had failed back surgery last year, and take medication (NO opiates) all of my staff are aware of this
I walked out of work, rang my boss to explain, she gave no support and i would have to face disciplinary action for walking out.
I felt like the DR was acusing me of liking "OPIATES". attempting to defame my character.
I subsequently took a large overdose of all of my medications and was found, intubated and ventillated for 2 days.
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
do i have a defamation case to persue. I now have to return to my workplace where i was intubated in ICU. Many of my colleagues are aware of my intentional overdose. I feel like tis DR pushed me over the edge, attempting to ruin my reputation. I have access to opiates in my job, i felt that she was saying this because i had access to morphine, and as a direct result i attempted suicide. i am now on time off having to use my annual leave. Please help me
Expert:  Leon replied 2 years ago.
Good Afternoon, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Did the comment affect your reputation and how others deal with you? Have you spoken to the Dr about this and HR?You can only sue for defamation if the comment is being made to others and is clear that he mean that you are an addict and it impacts on your reputation. Has he told others or was it a one off comment to you?
Customer: replied 2 years ago.
no i havnt been back to work yet as it only happened 2 weeks ago. It was a one off comment at the nurses station in front of staff. It will impact me at work as i have lost all confidence since i attempted to take my life the following morning. Work want me to sign a form saying that i give them permission to access my doctors (GP) reports, along with the psychologist i have started seeing.. To see if i am emotionally, physically and mentally stable enough to resume my job. I went to my firdt psychology appointment yesterday and she advised me not to give them the consent. I do not know what to do
Expert:  Leon replied 2 years ago.
Good Afternoon,You need evidence that it has impacted on you before you can start any court action. If you have tried to attempt suicide then they have a right to have concerns and wash to speak to your doctor. I would not give them consent either because you authorise the drs to talk about you and can disclose everything. The issue is wether you are able to go back to work and what is your mental state. If the Drs comment was not meant as you took it, your reaction is a problem. You should get a solicitor that practices in Defamation to send a letter to him and request an apology and also to confirm that he will not do it again. This si the first step required.If he refuses and your job is affected by it and your reputation then you can sue.
Customer: replied 2 years ago.
can i please have another expert look at this
Expert:  Patrick H. replied 2 years ago.
Hello, I note that Leon was previously assisting you but that you want to talk to another expert.What Leon has told you in relation to defamation is essentially correct, you must prove that your reputation has been damaged by what the Doctor said.However, although your question specifically asked whether you have a defamation case against the doctor, I think you may have a better case under Workers Compensation or as a workplace bullying type claim, since it appears your treatment in the workplace has led to your attempted suicide, which suggests some significant mental health issue (such as depression) which on its face appears directly attributable to the Doctor's apparent mis-treatment of you.On that basis i would suggest you get in touch with a personal injury compensation lawyer, and if you need help locating a suitable lawyer, contact the Law Society of NSW as they can refer you to suitable lawyers in your area. rate my answer.Patrick