can I sue for a BEAS decision in my favor?

[tilrae]

What is the name of your state (only U.S. law)? New Hampshire. I had taken care of my husband (totally disabled) for 12 years and he reported to his psychiatrist that I was abusing him. This was reported to Bureau of Elderly and Adult Services (because I am an RN) who investigated me for 3 months. I hired a lawyer to represent me to the BEAS. After 3 months they concluded his statements (and another caregiver who lied) statements were "unfounded". Now my license won't be taken away but I spent almost $5000 for the attorney to fight this. My husband made these accusations after he told me he would hurt me because I had a "baby he can't do anything with" (our daughter was 3 months old at the time). We are currently in divorce proceedings but I would like to know if I can recoup my attorney fees at all. Is this something I can sue him for or can I take him to small claims court to recoup the attorney fees? There has never been any accusations of abuse in my 21 years as a nurse except from him. He never (in 12 years) told anyone else (MD's) that he was being abused.

 

[OHRoadwarrior]

You can certainly ask the judge to consider it in the division of assets.

 

[quincy]

What is the name of your state (only U.S. law)? New Hampshire. I had taken care of my husband (totally disabled) for 12 years and he reported to his psychiatrist that I was abusing him. This was reported to Bureau of Elderly and Adult Services (because I am an RN) who investigated me for 3 months. I hired a lawyer to represent me to the BEAS. After 3 months they concluded his statements (and another caregiver who lied) statements were "unfounded". Now my license won't be taken away but I spent almost $5000 for the attorney to fight this. My husband made these accusations after he told me he would hurt me because I had a "baby he can't do anything with" (our daughter was 3 months old at the time). We are currently in divorce proceedings but I would like to know if I can recoup my attorney fees at all. Is this something I can sue him for or can I take him to small claims court to recoup the attorney fees? There has never been any accusations of abuse in my 21 years as a nurse except from him. He never (in 12 years) told anyone else (MD's) that he was being abused.

What was reported by your husband to his psychiatrist would be covered by a qualified privilege (a conditional immunity from suit) so it would be difficult to use what your husband said as the basis for a defamation suit.

Claims of abuse are considered neither true nor false when they are made. They need to be investigated to determine their truth or falsity.

It is horrible to be falsely accused and investigated, but the result of the investigation was in your favor. Unfortunately, only rarely can the money spent on a defense against claims be recovered.

Although you can certainly review the facts with an attorney in your area, I agree with OHRoadwarrior that this appears to be a matter better left for the divorce court.

Good luck.

 

[I'mTheFather]

You can certainly ask the judge to consider it in the division of assets.

Or in an order for spousal support if it seems he'll be awarded one.

 

[LdiJ]

I am wondering if there could be a case for the lawyer fees to be tax deductible...

While it was a standard elderly abuse case it was also a case where the fate of her nursing license, therefore her ability to earn a living as a nurse, directly hinged.

 

[I'mTheFather]

I'm definitely no tax expert, but the legal fees were incurred to fight the abuse charges which occurred on her own time. It seems like a stretch to claim that the fees are related to her employment.