Responding to false and malicious accusations
Discussion
My wife works in the NHS and a patient complained about her about a year ago. The hospital investigated the claims and found no mal-practice. But this did not satisfy the patient who took the case to the Nursing and Midwifery Council. Last week we found out that the NMC panel have determeined there is no case to answer.
However, the patient is in the legal profession and I am concerned that they will try another route. This person has a serious agenda agaisnt my wife for no reason, claiming that her actions knowingly (her claims bordering on intentionally I would say) threatened lives and drove the person complaining to try and jump out of an upper floor window in an attempt to end their ordeal!
Can anyone advise if any private legal action could potentaily be brought? Also, the threat of being struck off has put serious pressure on my wife and upset her very much for a number of months. I fully appreciate the right for people to complain, but, just in case, is there any aveneue for us bringing a counter claim if necessary, perhaps based on making false and malicious claims that sort to destroy my wifes personal and professional character?
I hope this all ends now tbh, but I just want to have all bases covered before the mrs has another panic! Thanks in advance.
However, the patient is in the legal profession and I am concerned that they will try another route. This person has a serious agenda agaisnt my wife for no reason, claiming that her actions knowingly (her claims bordering on intentionally I would say) threatened lives and drove the person complaining to try and jump out of an upper floor window in an attempt to end their ordeal!
Can anyone advise if any private legal action could potentaily be brought? Also, the threat of being struck off has put serious pressure on my wife and upset her very much for a number of months. I fully appreciate the right for people to complain, but, just in case, is there any aveneue for us bringing a counter claim if necessary, perhaps based on making false and malicious claims that sort to destroy my wifes personal and professional character?
I hope this all ends now tbh, but I just want to have all bases covered before the mrs has another panic! Thanks in advance.
covmutley said:
...claiming that her actions knowingly (her claims bordering on intentionally I would say) threatened lives and drove the person complaining to try and jump out of an upper floor window in an attempt to end their ordeal...
I have no experience, expertise or sensitivity unfortunately, but this kind of claim paints the plaintiff as a nutter immediately!!I would consider asking the hospital and the NMC for a writeup supporting your wife's innocence, if she has not got them.
A complaint of misconduct made to an employer or professional body would be the subject of qualified privilege, and so not actionable without proof of malice (which means lack of belief in the truth of the allegations). Malice is very hard to prove. If the allegations are repeated to a third party outwith the context of a professional complaint, they might be actionable. At present, your wife has been exonerated by her employer and professional body, so why not just hang tough and ignore the complainant?
Breadvan73 said:
... just hang tough and ignore the complainant?
Best advice; time is a great healer. If however the complainant persists, you may have a claim for harassment. Your NHS Trust HR department should be able to assist and support you if this does become the case. At worst, the Police could be called as harassment is a crime. Good luck!Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff