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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19134
Experience:  B.A.; M.B.A.; J.D.
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Mu disability was denied due to the fact that the staff at

Customer Question

Mu disability was denied due to the fact that the staff at Ellis Pain Center in Bogart Ga neglected to update my records. They continued to put in my charts that i was smoking marijuana and drinking alcohol which is against their rules and then they turn around and wrote a letter say i left their in good standing and no one ever updated my records
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
This is defamation of character
Expert:  Phillips Esq. replied 1 year ago.

In order to prevail in a defamation suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party (spreading of rumors, making false accusation, etc); (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher—this may not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation. Truth is an affirmative defense to a defamation case. So, if you did what you were accused of doing even if you left in good terms, you would not prevail in your defamation case. Also, information in your record is a privileged information. However, if the information is wrong and you have asked for this information to be updated and you have been ignored, then the Center is liable for damages that you have suffered as a result of their negligence.

You would need to consult with a Civil Rights Attorney in your area to assist you in putting your claim together as these cases can be very difficult to win. Interview at least three Attorneys and/or review their web sites to see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case

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