QUESTION
medicare told my doctors I was in prison when I was not. They give people the impression I was committing crimes. but also convicted. Is this slander?
Asked on Jul 30th, 2013 on Libel, Slander and Defamation - New Jersey
More details to this question:
Medicare contacted all my doctors and told them they was not paying for my treatment and even took back moneys paid over a two year period. They also told my doctors if I needed treatment to let the jail am housed at provide the treatment I needed. All my appointments and medications and treatments was cancelled because of there statements. When I called they lied to me and said it happened because I had a slip and fall case in 2010 and they needed proof it was settled, but this made no sense to me because they had a lien against the case and was paid in 2012 so how could they think it was not settled. I was told by one doctors office that they did this to over 150 patients. My doctors are willing to give statements, I have copies of all the payments they took back from my doctors. When I asked if they had told the doctors that they said no. They lied to me and I think there trying to cover it up instead of apologizing. This a a government agency destroying peoples reputation.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
Update Your Profile
Slander is a defamation charge, which requires very strict guidelines to obtain a guilty verdict.
1. First, that defendant made a defamatory statement;
2. Second, that the defamatory statement concerned the plaintiff;
3. Third, that the defamatory statement was false;
4. Fourth, that the defamatory statement was communicated to someone other than the plaintiff; and
5. Fifth, that the defendant made the defamatory statement with;
a. (1) actual knowledge that the statement was false, or
b. (2) reckless disregard of the statement’s truth or falsity, or
c. (3) negligence in failing to determine the falsity of the statement.
This means that if you were in jail or prison, their statement was truthful and not defamatory. If this is not true, then you can see from the fifth element noted above the case will turn on fact sensitive issues concerning their knowledge of the falsity. Additionally, when suing any government agency, there are issues of government immunity which will be present which will present unique hurdles to initiate a case. All of these issues would need to be discussed prior to retaining an attorney and pursuing the matter.
With regard to the medicare lien, often there is a filing error or clerical error where medicare. If your case was indeed settled, the proper documents can be found and resubmitted as proof your claim is over.
As an attorney in the private sector, I sympathize with your struggles against government agencies. It is a daunting task and full time job to negotiate and keep them in line. Retaining an attorney to take on this task is often well worth the time money and frustration you will deal with if you handle this matter yourself. Should you wish to discuss the matter further, please feel free to contact my office at 732-797-1600 or visit our firm website at
www.cldds.com <http://www.cldds.com>. We have attorneys who focus on civil, criminal, family, municipal, elder, real estate, tax, and commercial law, and would be happy to answer any questions you may have.
Regards,
Edward J. Dimon, Esq.
Answered on Jul 30th, 2013 at 10:57 AM