Can I be sued for reporting a nurse smoking pot
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Can I be sued for reporting a nurse smoking pot
My husband had an affair with a woman who
smoked pot on a regular basis in front of him.
She is a nurse so I reported it to her employer.
Now that they are investigating her she is
threatening to sue me on multiple charges.
Can she? And do I need to hire a lawyer now?
Asked on July 30, 2016 under Personal Injury, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
IF what you said is provably true, there is no legal basis to sue you for reporting it: there is no liability generally for reporting or stating true facts, even if they harm someone, and also no liability for reporting criminal acts or actions which potentially endanger patients. However, if you can't prove that she did this, she could sue you for defamation: for making an untrue statement of negative material fact which damages her reputation. So if the investigation clears her, she may take that as support for a defamation lawsuit, since being cleared by the investigation will tend to undercut your factual assertion.
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