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Thread: legal standing.

  1. #1
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    Default legal standing.

    let say you are a health care worker. let us say for the sake of argument you are male, dedicated to quality care, and make every possible attempt at maintaining the dignity and integrity of your clients.

    let's say then that you are accused by a fat disgusting 62 year old nut job with a history of drug abuse and self neglect of "inappropriate sexual contact". Say then that you are suspended pending an "investigation" by the management of the facility you work for until such time as a decision can be made.

    Let us also say, for the hypothetical argument, that the accuser has a family member on the board of trustees... and that said accuser has offered you promotion in exchange for increased narcotic medication delivery.

    what would one do, should such an instance occur if the accused was:

    found to be innocent because the idea of a happily married man "inappropriately contacting" a 60 y.o.+, smelly, fat, disgusting, bald headed, non-compliant diabetic, drug abusing, uneducated senior citizen with a history of paranoid delusions... was at a minimum absurd and at a maximum slanderous and defaming?

    or,

    was found guilty of the ludicrously absurd aforementioned complaints because of the accuser's relationship with a current board member, regardless of the truth or legitimacy of the complaints?

    It should be noted that there is supported documentation regarding both the client's delusional behavior, as well as the utilization of female staff for any and all intimate exams and procedures with not only the client in question, but with all clients (male or female) that received care from the accused.

    Should said accused sue the living daylights out of the accuser for slander and defamation of character? (when found innocent)

    Or, should said accused sue the living daylights out of the accuser and the facility for slander, defamation, and dismissal without cause (if, for some absurd reason found guilty and dismissed).

    Let us, for the sake of argument, also point out that the accuser looks like a cross between Phillip Seymour Hoffman and Meatloaf... but at 5'5" and 300+ lbs.
    The last thing I want to do is hurt you... but believe me, it's on the damned list.

  2. #2
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    Default Re: legal standing.

    I think that if the accused party was found to be innocent a lawsuit would probably not succeed because of the documented delusional behavior of the accuser. The claim would be that they could not be held responsible for their actions.

    If, however, the accused party was found guilty and fired from their job on the testimony of an accuser with documented delusional behavior then I would think a lawsuit filed upon the place of employment should prevail.

    The problem with my thinking is that with both scenarios I use rationality and common sense to come to a conclusion which we all know is not commonplace in the judicial system.
    Last edited by jerkin; February 26th, 2008 at 03:36 AM. Reason: sp.

  3. #3
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    Default Re: legal standing.

    Is there record of his attempt to blackmail you for the dosage upgrade?
    "Because I'm an American." - MtnJack

  4. #4
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    Default Re: legal standing.

    no, but there is a record of the client offering me advancement to "make sure I keep getting the pain pills"

    there is also documentation of the client (who already receives a LOT of pain meds) having gone through a 90 day supply of painkillers (that no one knew were in her possession) in about 11 days.

    the client was also already asking for my whereabouts to other staff members claiming she "missed me"
    The last thing I want to do is hurt you... but believe me, it's on the damned list.

  5. #5
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    Default Re: legal standing.

    well, as an update, still "pending" with the "investigation", and still cooling my heels at home waiting for a conclusion to this ridiculous situation.

    still wondering if I'm going to have a job tomorrow because the administration seems to take this so absurdly seriously9because of the client's relationship with a boardmember), but yet they don't act at all on the large number of missing Class-II drugs (wherein the person believed to be responsible happens to be old friends of one of the bosses).

    Still wondering what the hell I thought I was doing when I chose nursing as a career.

    and, oh yeah, still wondering if anyone has any idea about my grounds for a defamation lawsuit. this woman could cost me my job, which means I could lose my home, I could lose my License... which means I couldn't work anywhere in healthcare, and I'd have to go flip burgers.

    It's kept me awake the last 2 nights with worry, and my wife is even saying I should consider a career change.

    because of one person. how the hell can this shit happen.
    The last thing I want to do is hurt you... but believe me, it's on the damned list.

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