Is It Worth Suing for Defamation to Protect Your Reputation?

Sticks and stones may break bones, but words will never hurt you. Or will they? When someone says something that damages your reputation, it might be worthwhile to sue for defamation.

"It takes many good deeds to build a good reputation and only one bad one to lose it," according to Benjamin Franklin. Defamation law recognizes this. Specifically, it allows people who have been unjustly publicly badmouthed to defend their good name.

Libel and Slander

Defamation is a false statement that is "published" to third parties and results in injury to your reputation or deters others from associating with you. The critical elements of libel and slander are:

1. That the statement was published
2. The statement injured reputation
3. The statement was false

Slander is oral defamation, as opposed to libel, which is written defamation. A slanderous harmful statement is spoken, exposing a third party to lies that hurt you.

Terrible Truths OK

While it's not nice to do so, we may insult each other falsely if no one overhears. We may also truthfully tell when things are terrible. That is not slander. In other words, there are no legal repercussions for saying terrible things about a person, so long as those things are actually true.

What makes a statement slander is its falsity, exposure to a third party, and harm. In fact, truth is a defense to slander, as is opinion.

Damages for Expenses and Loss

To recover damages for slander, you must show that there was actual injury to your reputation. Unlike in libel cases, where harm to reputation is often easier to asses because the statement is in writing, in slander cases there is no assumed harm, nor assumed damages. If the plaintiff cannot show injury, the court will not find compensable harm.

Rather, in slander, an injured plaintiff can recover actual damages for expenses resulting from the injurious statement. That can include money spent on therapy or funds lost in wages, dropped business or damage to trade, profession, or occupation.

In particularly egregious cases, a plaintiff may win punitive damages for slander. But that is rare and involves actual malice. If you can show that the defamer sought to deliberately harm you, the court may punish with damages designed to deter future defamation and remind the defendant of the preciousness of reputation.

Related Resources:

• Find a Defamation Lawyer (FindLaw Directory)
• What is Social Media Defamation: Do You Have a Case? (FindLaw's Injured)
• Defamation and False Light, What is the Difference? (FindLaw)
• Teacher Wins 363K in Damages for Defamation Suit (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/sticks-stones-and-slander-suing-for-defamation-to-protect-reputation.html

False Imprisonment in Healthcare

via Tumblr hobbsr04.tumblr.com/post/130549288462 False imprisonment is the intentional unlawful confinement of a person against their will. It comes in many forms and does not require physical restraint necessarily. When it happens in the medical context it is particularly scary. In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. A critical element of the claim is consciousness of confinement. In other words, the person held had to reasonably believe they could not leave. Right to Refuse Treatment Although nurses or patients may disagree with the wisdom of such a decision, in most situations, patients do have the right to refuse treatment. Exceptions arise for mental incompetence, patients who are a danger to self or others, or where capacity is diminished due to drug or alcohol use. Doctors and hospitals “ought to operate under the assumption that they can never hold a patient against their will. Although there are exceptions, that is the starting point,” said Alan Meisel, a professor of law and bioethics at the University of Pittsburgh School of Law, who spoke to American Medical News about false imprisonment in the healthcare context. The decision to let a patient go is nonetheless difficult for a medical professional. Honoring the patient’s right to refuse treatment may subject the healthcare worker and their institution to liability for negligence. Meisel suggests that healthcare professionals have a protocol prepared for such cases and familiarize themselves with state guidelines for emergency admissions without patient consent. Criminal and Civil Cases Following state guidelines for involuntary admissions does not immunize a healthcare facility or its workers from claims, however. False imprisonment can be a criminal offense; in the medical context it will most often arise in a civil suit as an intentional tort. To prove it, the claimant must show the following, although the precise way these elements are articulated and laid out varies from state to state; There was intent to detain; There was confinement without consent; The detention was unlawful, or not in a privileged context; The detainee was aware of being held. Defenses to False Imprisonment A defense to false imprisonment is consent to confinement, whether express or implied. So if the circumstances are such that the person held did not give consent orally or in writing but other aspects of the situation indicate consent, the healthcare worker or institution may still have a defense. If you believe you were falsely imprisoned, speak to an attorney who is knowledgeable in torts law. Lawsuits are always complicated and taking on a medical institution is no mean feat. Have your claim reviewed by an expert. Related Resources: Browse Torts Lawyers by Location (FindLaw Directory) What Are Intentional Torts? (FindLaw) Can You Sue for False Imprisonment? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/10/false-imprisonment-in-h... via Blogger hobbsr04.blogspot.com/2015/10/false-imprisonment-in-healt...

via Flickr http://www.flickr.com/photos/87814799@N02/21780787738

False Imprisonment in Healthcare

False imprisonment is the intentional unlawful confinement of a person against their will. It comes in many forms and does not require physical restraint necessarily. When it happens in the medical context it is particularly scary.

In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. A critical element of the claim is consciousness of confinement. In other words, the person held had to reasonably believe they could not leave.

Right to Refuse Treatment

Although nurses or patients may disagree with the wisdom of such a decision, in most situations, patients do have the right to refuse treatment. Exceptions arise for mental incompetence, patients who are a danger to self or others, or where capacity is diminished due to drug or alcohol use.

Doctors and hospitals “ought to operate under the assumption that they can never hold a patient against their will. Although there are exceptions, that is the starting point,” said Alan Meisel, a professor of law and bioethics at the University of Pittsburgh School of Law, who spoke to American Medical News about false imprisonment in the healthcare context.

The decision to let a patient go is nonetheless difficult for a medical professional. Honoring the patient’s right to refuse treatment may subject the healthcare worker and their institution to liability for negligence. Meisel suggests that healthcare professionals have a protocol prepared for such cases and familiarize themselves with state guidelines for emergency admissions without patient consent.

Criminal and Civil Cases

Following state guidelines for involuntary admissions does not immunize a healthcare facility or its workers from claims, however. False imprisonment can be a criminal offense; in the medical context it will most often arise in a civil suit as an intentional tort.

To prove it, the claimant must show the following, although the precise way these elements are articulated and laid out varies from state to state;

• There was intent to detain;
• There was confinement without consent;
• The detention was unlawful, or not in a privileged context;
• The detainee was aware of being held.

Defenses to False Imprisonment

A defense to false imprisonment is consent to confinement, whether express or implied. So if the circumstances are such that the person held did not give consent orally or in writing but other aspects of the situation indicate consent, the healthcare worker or institution may still have a defense.

If you believe you were falsely imprisoned, speak to an attorney who is knowledgeable in torts law. Lawsuits are always complicated and taking on a medical institution is no mean feat. Have your claim reviewed by an expert.

Related Resources:

• Browse Torts Lawyers by Location (FindLaw Directory)
• What Are Intentional Torts? (FindLaw)
• Can You Sue for False Imprisonment? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/false-imprisonment-in-healthcare-can-patients-confined-against-their-will-sue.html

How to Defend Against a Personal Injury Lawsuit

via Tumblr hobbsr04.tumblr.com/post/130336696632 Liability in a personal injury case isn’t always clear-cut. Sometimes, those of us who feel like victims can end up being sued ourselves. Every case is different, but there are some common themes to defending a personal injury lawsuit. Here are a few: Defenses to Negligence Claims Most personal injury lawsuits are based on negligence. Most defenses to negligence lawsuits are based on the elements of the claim itself: Duty: You could claim you didn’t owe the defendant a duty of care. Breach: You could prove you performed any duty you did owe the defendant. Cause: You could claim that your breach wasn’t the cause of the defendant’s injuries. Damage: You could dispute that the defendant suffered any damages. In certain cases, you could say the defendant assumed the risk of their behavior, and therefore should be responsible for his or her own injuries. Defenses to Medical Malpractice Medical malpractice cases make up a large amount of injury claims and are constantly the topic of reform discussions. Striking a balance between a doctor’s interests and a patient’s interests is the subject of some restrictions on malpractice lawsuits as well as the defense to medical malpractice claims. As modified negligence claims, some of the same defenses apply, but there are some that are unique to the liability of medical professionals: Respectable minority Principle: If a doctor’s decision is outside of the medical mainstream, it may nevertheless be immune from a lawsuit if a respectable minority of medical professionals support the treatment. Statute of Limitations: Medical malpractice claims often have stricter time limits in which to bring a case. Good Samaritan Laws: Many states have laws limiting the liability of those trying to help others. Contributory and Comparative Negligence In many injury cases, there wasn’t just one person acting negligently. Comparative and contributory negligence are ways to apportion liability to two or more negligent parties. In states that have comparative negligence laws, a person’s recovery for damages will be reduced by the percentage of fault attributed to them. In states that retained classic contributory negligence standards, a person may not sue at all if his or her own negligence contributed to the accident. Your best defense against a personal injury lawsuit is an experienced personal injury attorney. You can contact one near you today. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured) Can You Be Negligent and Still Win an Injury Case? (FindLaw’s Injured) Defenses to Libel and Slander (FindLaw) from Injured blogs.findlaw.com/injured/2015/10/how-to-defend-against-a... via Blogger hobbsr04.blogspot.com/2015/10/how-to-defend-against-perso...

via Flickr http://www.flickr.com/photos/87814799@N02/21267505303

How to Defend Against a Personal Injury Lawsuit

Liability in a personal injury case isn’t always clear-cut. Sometimes, those of us who feel like victims can end up being sued ourselves.

Every case is different, but there are some common themes to defending a personal injury lawsuit. Here are a few:

Defenses to Negligence Claims

Most personal injury lawsuits are based on negligence. Most defenses to negligence lawsuits are based on the elements of the claim itself:

• Duty: You could claim you didn’t owe the defendant a duty of care.
• Breach: You could prove you performed any duty you did owe the defendant.
• Cause: You could claim that your breach wasn’t the cause of the defendant’s injuries.
• Damage: You could dispute that the defendant suffered any damages.

In certain cases, you could say the defendant assumed the risk of their behavior, and therefore should be responsible for his or her own injuries.

Defenses to Medical Malpractice

Medical malpractice cases make up a large amount of injury claims and are constantly the topic of reform discussions. Striking a balance between a doctor’s interests and a patient’s interests is the subject of some restrictions on malpractice lawsuits as well as the defense to medical malpractice claims. As modified negligence claims, some of the same defenses apply, but there are some that are unique to the liability of medical professionals:

• Respectable minority Principle: If a doctor’s decision is outside of the medical mainstream, it may nevertheless be immune from a lawsuit if a respectable minority of medical professionals support the treatment.
• Statute of Limitations: Medical malpractice claims often have stricter time limits in which to bring a case.
• Good Samaritan Laws: Many states have laws limiting the liability of those trying to help others.

Contributory and Comparative Negligence

In many injury cases, there wasn’t just one person acting negligently. Comparative and contributory negligence are ways to apportion liability to two or more negligent parties. In states that have comparative negligence laws, a person’s recovery for damages will be reduced by the percentage of fault attributed to them. In states that retained classic contributory negligence standards, a person may not sue at all if his or her own negligence contributed to the accident.

Your best defense against a personal injury lawsuit is an experienced personal injury attorney. You can contact one near you today.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
• Can You Be Negligent and Still Win an Injury Case? (FindLaw’s Injured)
• Defenses to Libel and Slander (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/10/how-to-defend-against-a-personal-injury-lawsuit.html

Top 10 Most Dangerous Jobs in the USA

via Tumblr hobbsr04.tumblr.com/post/130287309187 Bringing home the bacon is dangerous business for some American workers. A report on perilous jobs in the US measures that risk. For those who may face injuries at work, it’s important for you to understand your workers’ compensation benefits. The ranking below is generated annually using figures from the Bureau of Labor Statistics on workplace fatalities and is generated by CareerCast. It is based on two factors: personal perils and general hazards faced by those around the worker. 1. Airline Pilots: The most dangerous job is airline pilot, perhaps unsurprisingly. While the National Transportation Safety Board shows a decrease in accident rates generally, charter flights, air tours, and air medical accidents rose in 2013, the last year for which data was available. 2. Animal Care: Animal care workers – whether tending to wild or tame beasts – deal with both physical risk and emotional distress. 3. Construction Jobs: Opportunities for work-related accidents abound for construction workers, who use heavy machinery, balance on roofs, and use dangerous tools. 4. EMTs: Emergency medical technicians, the people we rely on for emergency medical care after an accident are at risk themselves. Speeding to dangerous scenes and flying into dangerous terrain are just two of the dangers they face. 5. Military Jobs: For obvious reasons, being in the military is a dangerous job, particularly when service people are deployed to war or to assist in a disaster. 6. Firefighters: Blazing buildings are just one of the dangers that firefighters face. On-the-job injuries range from back injuries to severe burns. 7. Truckers: Truckers are on the road more than most of us and that puts them at high risk for on-the-job accidents, despite regulations that limit how many hours they may drive. 8. Lumberjacks: Lumberjacks and loggers fell trees for a living and falling debris is a danger, as is the heavy machinery they work with. 9. Prison Jobs: Corrections and parole officers who work in jails and prisons, or with released convicts on parole, are often in dangerous situations. 10. Police Officers: Police officers face dangers on the streets and even at their stations. While police work varies, many cops take risks with their own lives to keep others safe. Workers’ Compensation for On-the-Job Injury: Workers’ compensation insurance is a state-mandated insurance program for employees. Employers and workers pay into this insurance program, which provides compensation after on-the-job injury regardless of fault. Receiving “workers’ comp,” as it is commonly called, precludes employees from suing employers for accidents that happen at work. Related Resources: Browse Workers’ Compensation Lawyers by Location (FindLaw Directory) Workers’ Comp Benefits Explained (FindLaw) Workers’ Comp In-Depth (FindLaw) from Injured blogs.findlaw.com/injured/2015/10/top-ten-most-dangerous-... via Blogger hobbsr04.blogspot.com/2015/10/top-10-most-dangerous-jobs-...

via Flickr http://www.flickr.com/photos/87814799@N02/21248903753

Top 10 Most Dangerous Jobs in the USA

Bringing home the bacon is dangerous business for some American workers. A report on perilous jobs in the US measures that risk. For those who may face injuries at work, it's important for you to understand your workers' compensation benefits.

The ranking below is generated annually using figures from the Bureau of Labor Statistics on workplace fatalities and is generated by CareerCast. It is based on two factors: personal perils and general hazards faced by those around the worker.

1. Airline Pilots: The most dangerous job is airline pilot, perhaps unsurprisingly. While the National Transportation Safety Board shows a decrease in accident rates generally, charter flights, air tours, and air medical accidents rose in 2013, the last year for which data was available.

2. Animal Care: Animal care workers -- whether tending to wild or tame beasts -- deal with both physical risk and emotional distress.

3. Construction Jobs: Opportunities for work-related accidents abound for construction workers, who use heavy machinery, balance on roofs, and use dangerous tools.

4. EMTs: Emergency medical technicians, the people we rely on for emergency medical care after an accident are at risk themselves. Speeding to dangerous scenes and flying into dangerous terrain are just two of the dangers they face.

5. Military Jobs: For obvious reasons, being in the military is a dangerous job, particularly when service people are deployed to war or to assist in a disaster.

6. Firefighters: Blazing buildings are just one of the dangers that firefighters face. On-the-job injuries range from back injuries to severe burns.

7. Truckers: Truckers are on the road more than most of us and that puts them at high risk for on-the-job accidents, despite regulations that limit how many hours they may drive.

8. Lumberjacks: Lumberjacks and loggers fell trees for a living and falling debris is a danger, as is the heavy machinery they work with.

9. Prison Jobs: Corrections and parole officers who work in jails and prisons, or with released convicts on parole, are often in dangerous situations.

10. Police Officers: Police officers face dangers on the streets and even at their stations. While police work varies, many cops take risks with their own lives to keep others safe.

Workers' Compensation for On-the-Job Injury:

Workers' compensation insurance is a state-mandated insurance program for employees. Employers and workers pay into this insurance program, which provides compensation after on-the-job injury regardless of fault. Receiving "workers' comp," as it is commonly called, precludes employees from suing employers for accidents that happen at work.

Related Resources:

• Browse Workers' Compensation Lawyers by Location (FindLaw Directory)
• Workers' Comp Benefits Explained (FindLaw)
• Workers' Comp In-Depth (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/10/top-ten-most-dangerous-jobs-in-the-usa.html