Legal Question in Civil Litigation in California
Can I sue a nursing home for slander and defamation?
I have visited and assisted my disabled sister at the nursing home for numerous years in which I fed, bathed, cleaned her wounds, and so forth. I made a complaint against the head nurse for poor health care provided to my sister to the Ombusperson. Now, that I am facing a contested conservatorship, and I am pursing it pro per, the nursing staff are taking advantage of this by telling the court that I am not permitted to assist my sister as I have. The nursing staff state their rules have never permitted one to assist; even though, there are other visitors at the nursing home who have done the same in assisting their family members at the nursing home. Therefore, I wish to know if I can file suit against the nursing home in civil court?
2 Answers from Attorneys
No. You can't sue for slander / defamation based on things that are said in court. And unless you get a lawyer you'll probably lose the conservatorship case.
If the comments were made in connection to a court proceeding, the comments are considered privileged and are not actionable. If you were to file suit, the nursing home's lawyers would file what's called an anti-SLAPP motion, stop your lawsuit and, if they win on the motion, be awarded hefty attorney's fees against you! Instead, you should provide evidence of why you should be your sister's conservator, and of how the nursing home has an axe to grind because you're not happy with the care it has provided to your sister. I second Mr. Stone's blunt comments about retaining a lawyer.
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