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Can you sue someone for publicly telling people you had an abortion

Reno, NV |

this person has a tatoo of a name and publicly writing on social media about an abortion. can you sue this person

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Attorney answers 3

Posted

See #3. In PETA v. Berosini, 110 Nev. 78, 92-93, 867 P.2d 1121, 1130 (1994), NV Sup Ct recognized the 4 torts of privacy set forth in Restatement (Second) of Torts § 652A: 1) unreasonable intrusion upon the seclusion of another; 2) appropriation of the name or likeness of another; 3) unreasonable publicity given to private facts; and 4) publicity unreasonably placing another in a false light before the public.

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Posted

Atty Lassen has provided an excellent answer on this question. How could the person have learned this information? Was their a breach of privacy by the medical provider or insurance company? Or, did you speak of it.

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Posted

This is an interesting question. You could not sue someone for libel or slander if the statement is true---i.e., if it is true that you had an abortion, then the person who made this statement has a complete defense. In some states, there is a tort known as "invasion of privacy" pursuant to which unreasonable publication or dissemination of private facts may be actionable. However, invasion of privacy claims are difficult to prove. Further, you would need to show actual economic damages---the fact that your feelings may have been hurt by the disclosure is not sufficient. And you have to show that the information is actually private--depending on the facts and circumstances, the fact that someone had an abortion may not be private. In short, I would need to know many more facts before I could advise you on this issue, and this case probably would be an expensive and difficult battle for the plaintiff. If you want to pursue this matter, I suggest you contact counsel in your State to advise you further.

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