Not Guilty of inappropriately touching patient

[EMSLaw]

He needs to ask for a legal declaration of innocence, something like this: http://standdown.typepad.com/weblog...-files-suit-for-declaration-of-innocence.html

It's not enough to be found not-guilty in this case.

For the most part, a finding of not guilty is the best you're going to get. The only question the criminal court answers is whether the prosecution met their burden of proof to establish beyond a reasonable doubt that the defendant was guilty of the charged crime.

What you posted is in the case of someone who has been convicted of the crime, and then subsequently released and is now seeking compensation from the state for wrongful incarceration. That's a different case - he wants the court to say that he was released because he was innocent, not because of what is commonly called a 'technicality' (and what lawyers sometimes call 'the Constitution' or 'the law' ).

A case for malicious prosecution will be very difficult to make out here, probably. First, remember that prosecutors and judges generally have absolute immunity for their official actions. Also, anything said in court is absolutely immune from most causes of action. But, let's say that you did want to bring a malicious prosecution claim...

Malicious prosecution requires (speaking generally, different states have different requirements, of course) that the case be brought without probable cause, that it be terminated in favor of the maliciously prosecuted party, and that there be intentional and malicious intent behind bringing the suit (scienter). Here, there almost undoubtedly was probable cause. There was a witness who said that the abuse happened, and the EMT's partner corroborated her testimony. Unless she recants, and says she made it all up, the case isn't going to go far.

Also, remember that litigation, especially criminal litigation, is a very difficult and wrenching matter for most people. It's entirely likely the now-exonerated defendant won't want to go anywhere near a courtroom anytime soon. And even if he did, it seems like a long-shot case. Knowing only what I know here, I would tell him to walk away. There would have to be something more to the story to make me think he had a cause of action.

My opinion and two bucks will get you on the bus, but there you go, for what it's worth.

 

[mycrofft]

$...........

 

[medic417]

I still imagine the only one that will collect money is the girl that falsely accused him. It doesn't take much evidence to win a civil suit. Of course by now he probably has nothing left, so even if she wins it would be worthless unless he wins the lottery later in life.

 

[Veneficus]

I still imagine the only one that will collect money is the girl that falsely accused him. It doesn't take much evidence to win a civil suit. Of course by now he probably has nothing left, so even if she wins it would be worthless unless he wins the lottery later in life.

As I understand, most lawyers in a civil suit asking for damages generally want a percentage of the win.

Being rather clever creatures , they may precalculate the value of time spent preparing and executing the case with what they are likely to collect.

If resources>recourse, then generally I would say they must really have an axe to grind in order to spend the time and effort.

Probably best to sue the company, they have insurance, money and might even be willing to settle if it costs less than a court battle.

Suing somebody who has little/nothing is just a paper victory.

As one of my lawyer friends likes to say: "In law, you say "thank you" with money. You say "I'm sorry" with a lot of money."

 

[downunderwunda]

Define innapropriate.

You perform a 12 lead ECG on a woman with large breasts & have to move one to correctly place the dots. Can that be misrepresented?

Or ladies you are called to a 21 year old male whom you suspect may have meningococcal septicemia & you need to look for a rash, per your protocol, this includes ALL areas. Could this be misinterpreted?

There is no black & white in ems, just many shades of grey. The fact this went this far says we don't know the whole truth. We never will. I believe not only should names but all details be surpressed. Why? Because 99.999999900% of those in EMS would not even consider what is being discussed.

 

[medic417]

Absolutely correct. Anyone could claim a proper assessment was in fact improper touching. That is a reason to make sure you are known for always doing a thorough proper assessment on everyone not just the hot ones.