Can I sue my current guardian for negligence, or malpractice for failing to file a slander suit against my former guardian?

Asked over 1 year ago - New York, NY

As soon as I read the slanderous statements my former guardian told my hospital doctors about me , I told my guardian within the statute of limitations . My guardian had refused to take any legal action until recently , but the 1 year statute of limitations has expired to file a lawsuit against my former guardian . The slander endangers my future medical care because it lists known risk factors for a mental illness I was diagnosed with in the hospital and which my doctor says I do not have and recommends ending the guardianship . I was an adult during both guardianships without access to my funds to independently file a law suit .

Attorney answers (5)

  1. Marco Caviglia

    Contributor Level 20

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    Answered . Please refer to the previous answers elsewhere on this post.

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  2. David B Pittman

    Pro

    Contributor Level 20

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    Answered . This has been asked and answered

  3. George Costas Andriotis

    Contributor Level 20

    3

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    Answered . This is a prior question which was responded to.

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  4. Christian K. Lassen II

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    Contributor Level 20

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    Answered . Asked and answered.

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  5. Joseph Gerard Dell

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I do not believe that you will have a successful claim because the underlying claim for slander against your former guardian would likely fail. Your guardian has a qualified immunity to speak to your doctors and to voice concerns and opinions about you and your mental status. In addition you will need to prove an actual damage an it does not sound that you have sustained one. There was a reason you have had two guardians appointed for you am if the court appointed then then your potential claim sounds very tenuous.

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