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I am nurse who was falsely acussed that a resident said he…

Customer Question
I am nurse who...

I am nurse who was falsely acussed that a resident said he did not get his medicine me when I documented he refuse because he did, can I sue the company for acussing me that I did not offer medicine to him?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Has anything been filed or reported?

By whom?

Submitted: 6 months ago.Category: Legal
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Answered in 14 minutes by:
12/21/2017
Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,615
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 6 months ago

Slander and Libel are forms of defamation (slander is oral, libel is written).
Basically a defendant can be liable for defamation if the defendant
1. publishes a statement (so to a third party to be actionable)
2. to a third party
3. that puts plaintiff in a false light
and
4. plaintiff suffers harm as a result of the false statement.
There is defamation per se-meaning that malice and damages generally need not be proven, as the statement is so hurtful/derogatory they are assumed to be damaging.
These involve statements that address:
1. chastity (so sexual misconduct)
2. criminal misconduct
3. indiciating a person had a loathsome or contagious disease
or
4. conduct that is inconsistent with one's profession or business.

The courts do allow for opinions to be expressed in most circumstances but it must clearly be an opinion as opposed to a fact/statement.

Further questions? Please post here to continue the chat.

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Customer reply replied 6 months ago
I can sue for defamation?
Lawyer: legalgems, Lawyer replied 6 months ago

If the above elements are met, then yes.

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Customer reply replied 6 months ago
if I got suspended for it and it was proven I wasn't at fault can I sue for defamation if the employer admits there at fault?
Lawyer: legalgems, Lawyer replied 6 months ago

Yes, if it was proven the person was not at fault then the prior statement would be defamatory but it must be made to a third party to qualify- a person without an interest in the issue (ie not to a supervisor for example but to a third party who has no legitimate basis to be privvy to that information)

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Lawyer: legalgems, Lawyer replied 6 months ago

Hello Again;

If you have any questions on the above please post by this evening so I can respond tomorrow morning; otherise I will be out of the office for a few days; of course upon my return you can also follow up then.

Enjoy your holidays, and thank you!

If no further questions kindly rate positively but if questions remain, ask away!

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