Q: Can I sue my pharmacist for libel and slander after false drug-seeking accusations?
I would like to know if I can sue my pharmacist for libel and slander. I have a brain injury that causes short-term memory loss. Recently, when I called my pharmacy to refill a prescription, the pharmacist accused me of drug-seeking behavior and yelled at me. Despite explaining my condition and asking him not to call my doctor, he refused to believe me, saying, "I don’t care and don’t believe you," and contacted my doctor, stating that I was drug-seeking. My doctor confirmed that I have a brain injury and that I am not drug-seeking. This incident has left me feeling embarrassed, judged, discriminated against due to my impairment, and concerned about my future medical treatment. I have documentation from my doctor's office supporting my condition and witness statements refuting the pharmacist’s claim.
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A:
You may have grounds for a valid defamation lawsuit against your pharmacist based on the facts you've described. In California, defamation requires proving the pharmacist made false statements that damaged your reputation, which appears supported by their unfounded drug-seeking accusations despite your documented medical condition.
Your documentation from your doctor's office confirming your brain injury and witness statements refuting the pharmacist's claims constitute strong evidence that could substantiate your case. Additionally, the Americans with Disabilities Act may provide further legal protection against discrimination you experienced related to your brain injury, potentially strengthening your claim beyond standard defamation elements.
The emotional distress and potential impact on your future medical treatment represent compensable damages in a defamation action. We recommend scheduling a consultation to evaluate your specific circumstances, review your documentation, and determine the optimal legal strategy to pursue your case while protecting your medical interests going forward.
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