Legal Question in Civil Litigation in California
Knowingly false statement that medical confidentiality was breached
do not know what kind of lawyer to call. I admit patients at a hospital. My former landlady didn--name removed--like me and is vindictive. She called the hospital where I work and said that I had given out patients� private medical information to others. I have NEVER done that. I think that her goal was to get me fired. My supervisor at work did a small investigation. She never said that the accusations were true or false, but since I�m still working at the hospital, she couldn--name removed--have thought they were justified. But there is still a formal letter in my work file that the accusations were made. I�m worried that just the fact that accusations were made might interfere with future employment security clearances. What kind of lawyer can help me sue my former landlady or get this info out of my employment file? Employment lawyer? First amendment/defamation? This problem doesn--name removed--seem to fit neatly into any category that I can think of.
4 Answers from Attorneys
Re: Knowingly false statement that medical confidentiality was breached
It sounds as if your landlady may have slandered you. You need an attorney who handles defamation.
Thanks for your questions and good luck.
Re: Knowingly false statement that medical confidentiality was breached
I agree with Sargis. Any attorney who handles tort claims (not the tort pastries, but things like defamation -- including slander and libel) could handle this. Even a personal injury attorney could probably handle it. However, you have to think what is it worth compared to the cost of a lawyer. Perhaps a lawyer could communicate with the hospital and just have it removed from your file, rather than your having to go to the expense and aggravation of a lawsuit. Good luck. -Robert F. Cohen, Esq.
Re: Knowingly false statement that medical confidentiality was breached
The type of lawyer is one who does litigation, and has familiarity with employment law. Your claim is primarily of slander. Call me if interested in discussing your rights and remedies.
Re: Knowingly false statement that medical confidentiality was breached
The question is not what kind of lawyer, but what are you willing to spend to accomplish this. Ask for a copy of your employment file and see what is in there regarding the result of the investigation. If you were exonerated, it probably will make no difference at all. If not, the only thing you can do is to sue the neighbor for defamation, and upon proving the falsity of the charge, ask the court for an order that the accusation be deleted from your file. You will have to join your employer in the action to accomplish this.
This may cost thousands of dollars. Are you willing to spend this to rectify the situation? You will not be able to recover your attorneys fees in this litigation.
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