Furious and need advice

  1. My son died 18 years ago from SIDS. Ever since then have had to deal with a rumor that he died from a Nyquil overdose. I now have proof of who is saying it. I want to sue them for slander. Both personally and professionally. I have the toxic screen from the autopsy as well as the report itself. I just don't know where to start. Could anyone point me in the right dirction. The conversation took place in the last 5 days and one of the people who was there is willing to testify as to what was said and by who.

    One other thing, one of the people worked for the ambulance service that came that day. I wonder about patient confidentiality.

    As I said, I just need a place to start.

    Thanks,
    Kelly
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  2. 8 Comments

  3. by   zenman
    See your lawyer...this thread will be shut down soon as the mods see it. Good luck.
  4. by   lilypad2424
    Don't waste time suing someone for slander. Why do you care what other people are saying about you? If you got fired or something really bad came out of these lies, then that's another story altogether. I'm really sorry about your child dying, but I don't agree with frivolous lawsuits.
  5. by   MountainMan
    My heart goes out to you. I was kind of stunned here for a moment thinking about the multi-level tragedy you live with.
    I think it is in the civil-law realm. Many Attorneys offer i-hour consutations at no charge so you can see if you have a case, but after that it is $200/hr and up. You should do this with three of them, just as if you were hiring a contractor.
    After you do this and they think you have a case you can select one of them (or try another) oryou can go it alone, but this is very difficult especially with something so emotionally charged. But talk to the pro's first.
    You can call your local Bar association and ask for some name of Lawyers who specialize in this area.
    Good luck to you
  6. by   ladytraviler
    Thats just it! What kind of lawyer. I am not asking for legal advice, just what kind of lawyer to find. The only one I have ever delt with is the DA on medical cases that come into court. Have never needed a lawyer. I just know there are many to chose from and only want to know what kind.
  7. by   ladytraviler
    Thank you that is what I needed. And this is not a friviouls law suit as it affects my job!
  8. by   lilypad2424
    what do you want out of the lawsuit? Money, jail time?
  9. by   ladytraviler
    What I want from a lawsuit is for the people involved to realize that patient confidentiality is just that. I want a public apology. I an not after money or jail time. I want them to acknowledge the despair and pain I and my family feel everytime we hear this. I want to know why they would spread such a lie. I want them to look me in the eyes and say I am sorry. I want them to realize that the lie they are spreading could cost me my job and I have never did anything to either one of them. I want them to understand that they are not god and have no right to continue to intrude on a tragedy that they have no idea about and I pray to God they never do.
  10. by   rn/writer
    MountainMan gave you excellent advice.

    Any lawyer who handles civil actions should be able to either help you firsthand or refer you to someone else who can work on your behalf. DO speak to more than one person about this. Consider yourself to be interviewing job candidates.

    Weigh what each of them is telling you and look at the costs involved. I don't know if this kind of case is typically handled on a contingency basis--where you don't pay up front and the attorney receives a percentage of the proceeds--or if it's a pay-as-you-go kind of plan. If you have to come up with substantial fees out-of-pocket, you'd want to be especially careful to do your research on the track record of the law firm itself as well as the typical results of this kind of case.

    I am so sorry for your loss 18 years ago. I can only imagine the kind of sorrow you have lived with in the time since. Then to have someone add insult to injury with false accusations is beyond belief. You have to wonder what kind of person would do such a thing.

    There is another legal possibility for you to consider. If you are mainly after this person to stop spreading false information and seeking monetary damages is a secondary consideration, you might be able to hire an attorney to draft some kind of cease-and-desist notice, letting the offender know that you will take further action if the behavior doesn't end immediately. Maybe it's gone beyond that, but it's certainly an option you should discuss.

    One huge caution. Please, whatever you do, try to separate the understandable emotion of your loss and the anger you feel over unjust rumors from the cold, hard realities of civil law and the personalities of the attorneys you interview. Your heart is hurting, but your head needs to be evaluating the information you receive and making the necessary decisions.

    After you have gathered information from a number of sources, take a step back. Discuss the possibilties with a handful of people whose opinions you trust and respect. Mull the situation over. Only after you have given yourself some time and space to know your own heart and mind should you move forward.

    To reiterate:

    Contact your local bar association for the names of attorneys who handle this kind of civil matter.

    Make initial appointments with these and any other lawyers you might want to see. There should be no charge for these first appointments.

    Go to these meetings with an open mind, but wait until you have spoken with at least three law firms before making a decision.

    Confer with people close to you whose opinions you value. Decide, based on the meetings you have had with the law firms, what goals are realistic and reachable.

    Count the cost.

    I hope you can come to a satisfactory resolution of this conflict. Again, I am so sorry that you have had your sadness compounded.


    This thread is now closed.
    Last edit by rn/writer on Jan 15, '07

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