Legal Question in Personal Injury in Washington
slandor of mother
My sons school councelor stated on a health evaluation of my son pertaining to his ADHD that I, his mother (as part of his medical history) abused substances while pregnant with son.
Facts:
No medical records exist of alledged fact
No request for records authorized by myself or son (whom is only 15).
statement made by an estranged family member to the evaluator.
d). This publication has been circulated amongst the entire school district as well as all of my childs teachers, deeming him permanently marked as, pardon my expression, ''drug baby''!
Is this defamation?
I discussed this issue with a lawyer and he said no because it was only a medical history. Yet it is a fabricated history.
b). Can I sue this person? School District?
c). Who exactly is liable for such a negligent publication, the school, district or evaluator, OR FAMILY MEMBER?
Please reply.
D.J.S. of Tacoma
2 Answers from Attorneys
Re: slandor of mother
First, I believe you have a case. The communication may even fall into the realm of "slander per se" meaning they have accused you
of something that is, if untrue, undeniably damaging to you. Under slander per se, damages are presumed, and you would be entitled to
a recovery.
That being said, I believe Mr. Kornfeld is likely accurate in his assessment of what the case is worth. If an attorney takes the case on a
contingency, then he must believe that the recovery will be sufficient enough to cover all of the costs associated with the lawsuit, and then produce
a profit for both attorney and client. Under the facts you have presented, even if it does rise to the level of slander per se, it is unlikely that the
recovery will be significantly large. If you wanted to fund the suit out of your pocket, you may end up not losing money ... but you may lose a lot as well.
Slander cases are very difficult. A true evaluation of your claim would require more facts than you have provided. Find an attorney who has handled a slander
case in the past and review the facts with him/her ... that will be your best option to determine if you have a good case.
Good luck.
Todd Richardson
Re: slandor of mother
I don't know if you have a case but even if you do its not valued, at least in this attorney's opinion, as being cost effective to pursue. What you should remember is that a lawyer takes this case on a continengcy fee and eve if its unlikely to be successful, you are not probably going to get a lot of money in compensation unless you can show substantial damage.
Rob Kornfeld