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Can I sue a Dr. for false accusations of elderly neglect?
Anonymous6 views6 answers
Father lives with me since a stroke. Took him for check up(last one was 7 months). He was 15 lbs lighter and Dr. claimed dehydrated. With no word to anyone he calls the cops and APS, had an ambulance take him to hospital where Dr. there did all the tests and absolutely nothing wrong, no dehydration and said 15 lbs loss in 7 months was not a bad thing(we cut out a lot of his sugar since stroke). Now we have APS all over us and the hospital brings in a Forensic Nurse for further harassment and interrogation. My father was told to fast the night before and it was over 24 hours before he got to finally eat and he missed his 8p.m. pills he has to take on time because of all this. I missed work and the anguish from being accused of such atrocity has had me in tears for days. I am POA and MPOA.
Adam A StudnickiPersonal Injury LawyerScottsdale, AZ ·
You can sue, but you'd have to prove negligence or intentional conduct. Talk to a local injury lawyer to see if they think you have a viable case based on the specifics.
The doctor's opinion is not false (nor true), it was his professional opinion and he/she took action. I am sorry this happened to you, it doesn't sound like a viable lawsuit. You can't really sue people over good faith opinions and that is likely what a court would find.
I don't think you have a case here. State laws are all different, but most have a provision protecting doctors and others who report potential abuse. To do otherwise would have a chilling effect on reporting such things. I'm sure the doctor was only trying to protect your father, not launch any personal attack against you.
Sounds like the doctor reported it to the police out of concern. While he may have jumped the gun, that's not "negligent" or below any standard of care. I'm sure the interrogation is not pleasant, but they are just trying to protect your dad and the sooner they get to the bottom of this, the sooner they leave you alone.
