Vindictive action by woman who lost insurance court case against us

housesitter

Report her to the police for stalking?

mattymoo

paulfoel - did you look into what I said in my earlier post about court room privelidges - no action can be taken for slander over something said in a court of law?

If you need it explaining speak to your solicitor who appointed the barrister. They will explain that this womans actions have no merit and are possibly even vexatious.

http://en.wikipedia.org/wiki/Vexatious_litigation
http://en.wikipedia.org/wiki/Defamation - para marked "Privilege and malice"

[Deleted User]

Seems that the other person has really got in for us.

Wife has had meeting with her manager who fortunately has realised that the complaint was just a bit of revenge on the other persons part.
I appreciate she didnt have to but wife has volunteered all the relevant witness statements to her manager. After all, shes got nothing to hide, shes telling the truth.

However, her manager thinks that she may escalate it to the Nursing & Midwifery Council which would be a lot of hassle for us (Even though wife is innocent).

It seems so unfair that someone can maliciously make complaints like this. Is there anything we can do? Is it worth getting a solicitor to write her a letter or do anything?

Is there anything that can be done since shes trying to complain about something that was given as evidence in court? (also, falsely).

[Deleted User]

mattymoo wrote: »

paulfoel - did you look into what I said in my earlier post about court room privelidges - no action can be taken for slander over something said in a court of law?

If you need it explaining speak to your solicitor who appointed the barrister. They will explain that this womans actions have no merit and are possibly even vexatious.

http://en.wikipedia.org/wiki/Vexatious_litigation
http://en.wikipedia.org/wiki/Defamation - para marked "Privilege and malice"

Thanks for the info.

I guess the other person isnt saying that my wife is slanderous. They're trying to say that my wife accessed confidential medical information with the purpose of using it to advantage in a court of law.

mattymoo

No, but the so called confidential info was stated by another person at the scene iirc and your wife merely passed this info on in her statement to the court.

An interview with a solicitor would be a wise idea. Most solicitors will give you 30 minutes free of charge or your wife may have legal cover through any trade union membership. You might also have the cover with your household insurance.

[Deleted User]

mattymoo wrote: »

No, but the so called confidential info was stated by another person at the scene iirc and your wife merely passed this info on in her statement to the court.

An interview with a solicitor would be a wise idea. Most solicitors will give you 30 minutes free of charge or your wife may have legal cover through any trade union membership. You might also have the cover with your household insurance.

Yes, thats what happened. However, other person is saying they did not present this information and that this information must have been obtained by my wife accessing hospital records.

Yeh. Might see what legal options we have.

Crabman

[quote=[Deleted User];26343171]Wife has had meeting with her manager who fortunately has realised that the complaint was just a bit of revenge on the other persons part.
I appreciate she didnt have to but wife has volunteered all the relevant witness statements to her manager. After all, shes got nothing to hide, shes telling the truth.[/QUOTE]

Well I'm glad the NHS Manager found something productive to do with his/her time aside from sharpening pencils and drawing a generous salary & pension pot funded by taxpayers. In my local trust area statistics show there are more managers than beds.

Anyway, ranting aside (sorry ) if the 'manager' has realised that the complaint is nothing but vexatious on the part of the complainant, why doesn't he/she close the matter?

In that situation I wouldn't have provided any legal documents (witness statements) as they are frankly irrelevant as cited above. It is not for your wife to prove her innocence. It is for the complainant to provide credible evidence aside from irrelevant innuendo that confidential medical records were accessed.

Given there is no audit trail to support the allegation that medical records were accessed by your wife, the matter should be dropped. Although what would the 'manager' do with his/her time then? :rolleyes:

I think mattymoo's suggestion to seek legal advice is a good idea. Good luck

[Deleted User]

Crabman wrote: »

Well I'm glad the NHS Manager found something productive to do with his/her time aside from sharpening pencils and drawing a generous salary & pension pot funded by taxpayers. In my local trust area statistics show there are more managers than beds.

Anyway, ranting aside (sorry ) if the 'manager' has realised that the complaint is nothing but vexatious on the part of the complainant, why doesn't he/she close the matter?

In that situation I wouldn't have provided any legal documents (witness statements) as they are frankly irrelevant as cited above. It is not for your wife to prove her innocence. It is for the complainant to provide credible evidence aside from irrelevant innuendo that confidential medical records were accessed.

Given there is no audit trail to support the allegation that medical records were accessed by your wife, the matter should be dropped. Although what would the 'manager' do with his/her time then? :rolleyes:

I think mattymoo's suggestion to seek legal advice is a good idea. Good luck

Yes, NHS Manager is going to write back to the other person to say that there is no evidence of any wrongdoing. I guess though that they are obliged to respond to any complaint.

Manager just warned her that the complainant may choose to take this matter further such as to the NMC.

real1314

[quote=[Deleted User];26348269]Yes, NHS Manager is going to write back to the other person to say that there is no evidence of any wrongdoing. I guess though that they are obliged to respond to any complaint.

Manager just warned her that the complainant may choose to take this matter further such as to the NMC.[/QUOTE]


If I'm reading this right, this other person has made a written statement claiming that your wife has accessed medical (computer?) records without appropriate right to do so.

So, basically this other person has slandered your wife? So, go see a solicitor and ask about sueing her for slander.
That should put a stop to it.

Might also be some mileage in some sort of "malicious allegation" type action. And you could perhaps tie the sister too.

mattymoo

Paul - just had a look at the NMC website. At this stage this is all a "maybe" so might be worth taking a wait and see approach.

Noticed a couple of things on the NMC site.
Firstly, they publish the results of their disciplinary hearings here - http://www.nmc-uk.org/aArticle.aspx?ArticleID=1954 . Might be worth a bit of a trawl through to see if they have handled a similar case.

Secondly, they use the civil standard of proof, not criminal. Your probably familiar with this from your recent court case but in case others aren't, Civil = "balance of probabilities" (>51%) while criminal is "beyond reasonable doubt" (>80%). The numbers are the percentage value interpretations of these phrases.

With a lower burden of proof it might make it easier for the other person to make their complaint stick but as I said earlier, this is all a big "if" at present.
See http://www.nmc-uk.org/aArticle.aspx?ArticleID=3141 for info.