Legal Question in Personal Injury in Kansas

Slander? How can I make them stop it?

I am a doctor. One of my employees has a daughter who is both a patient and a good friend. The daughter has very poor relationships with her parents and ex-husband. The daughter comes to my house to spend time with both my wife and myself and our children. She visits sometimes with the other spouse present and sometimes not, sometimes with her children and sometimes not. The daughter�s parents and ex-husband have discussed, for a fact, in front of the daughter and her children that they believe that the daughter and I are having an affair. This is based only on the frequency of her visits to my house (once/twice a week, 1-3 hours, never at strange hours or circumstances). This claim is absolutely groundless. My wife and I, the daughter and her children are quite hurt about this. I am also very concerned about possible harm to my practice if anyone else has heard these statements. The mother/employee, the stepfather and the ex-husband are also patients of mine. I am not interested in suing for money, but their behavior must stop! Is there any basis for slander and what can I do? How do I distance myself from the mother/employee? Do I sever the doctor/patient relationship with the ex-husband and stepfather? Ideas please!


Asked on 8/16/01, 11:33 pm

1 Answer from Attorneys

Todd Epp Abourezk & Epp Law Offices

Re: Slander? How can I make them stop it?

Thanks for your posting.

Yes, you have a dicey situation.

If your employee is making these accusations at work and you can document them, you might be able to use that information to reprimand or even fire her. But if she is making the accusations outside of work and you reprimand or fire her, it could look like retaliation.

As to the other parties involved, you might want to consider having this patients transfer to another doctor in the community. Seems to me at the least it would uncomfortable for you to see them and them to see you.

If you know or have a good suspicion as to who is making these allegations (which, in my opinion would be defamatory as they impune your character), you might want to consider having an attorney draft a cease and desist letter. In this instance, whoever, with your employee, I think the language needs to be carefully drafted and not the usual tough language. I would see something more akin to a letter from a hurt friend with a friendly reminder of the defamation laws in Kansas.

If I can be of further assistance, please let me know. I am licensed in Kansas and South Dakota.

Sorry to hear about your difficulties.

Best regards,

Todd D. Epp, Esq.

800-289-5999

[email protected]

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Answered on 8/17/01, 2:36 pm


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