If you file an elder abuse report, can you be sued for defamation of character or mental anguish?

Nov 16, 2011

I do not think so I was reported wrongly to APS by a home care nurse she did get in trouble only by the grace of GOD a man running for office stopped in to interduce himself and for some reason I told him the story and he happened to be involved in Social Service in my county and another county and he reported her. There was no follw-up after the case worker came to my house and tried to cause trouble-my husband was a good actor and acted half dead that day and I called her to come back and see him doing flagstone work the same day.

coach

Nov 17, 2011

The short answer is Yes You Can Be Sued. Anyone can sue another for anything. The difficulty comes in when they have to prove their case. If you reported someone because you truly felt there was elder abuse, and not a case of retaliation for something else, they have no basis for their case. Bottom line is if you or someone else files a suit they must be able to prove you did so with the intent to damage them. That would be very difficult. Most states, keep the persons name who files the complaint private. So unless you tell the person that you did file the complaint they will also have to prove that you actually did it.

anonymous101100

Nov 17, 2011

Interesting, I bet it would cost a fortune. My sister did this to me and the lawyer whom I went to said in the eyes of the court , her false accusation towards me looks very bad should we ever end up in court. Bottom line? She was so worried about money, she wants her share, and does nothing. How can they live with themselves is beyond me.

madge1

Nov 17, 2011

As the Mom of an attorney and Mother in Law to two more, what attorney wants to represent a case he knows he will lose? Lawyers, even bad ones, charge quite a bit per hour for their services and judges throw cases out all the time. you still have to pay the lawyer. I am sure there is a system in place to protect you, if not, no one would call and report suspected abuse for fear of being sued. If you suspect abuse, please report it. As we see from all the TV publicity of the Penn State case, what terrible things can happend when we turn our heads.

planeman

Nov 17, 2011

There is an old saying among lawyers that you can sue the pope for bastardy the problem is in winning. But I understand your meaning and I shall answer it in a few words. So long as you acted in good faith. it is my opinion that your action was priveledged -- that means that it did not raise to a level of being grounds for a law suit.