Can I be sued for reporting a nurse smoking pot

UPDATED: Sep 30, 2022

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Can I be sued for reporting a nurse smoking pot

My husband had an affair with a woman who
smoked pot on a regular basis in front of him.
She is a nurse so I reported it to her employer.
Now that they are investigating her she is
threatening to sue me on multiple charges.
Can she? And do I need to hire a lawyer now?

Asked on July 30, 2016 under Personal Injury, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF what you said is provably true, there is no legal basis to sue you for reporting it: there is no liability generally for reporting or stating true facts, even if they harm someone, and also no liability for reporting criminal acts or actions which potentially endanger patients. However, if you can't prove that she did this, she could sue you for defamation: for making an untrue statement of negative material fact which damages her reputation. So if the investigation clears her, she may take that as support for a defamation lawsuit, since being cleared by the investigation will tend to undercut your factual assertion. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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