Is this Addmissable In Scc Court?? Other Ques. are answered, how about this one??!!

What is the name of your state? FLORIDA

I am trying to show that a false and damaging letter about my wife and myself sent to her Doctor cause daily nursing visits at a cost of $300 per month.

QUESTION: We have a signed letter from my wife's doctor stating that the above letter from a healthcare nursing provider was the sole reason for the daily nursing visits, (we use to have only one nursing visit a week, now daily). IS THAT LETTER ADMISSABLE IN Small claims COURT? We have corroborating evidence as well.

PLEASE PROVIDE AN ANSWER, THEY ARE REPRESENTED BY A BIG LAW FIRM, I AM REPRESENTING MYSELF.

THANKS FOR ANSWERS

spike1951
If, in the professional opinion of the healthcare provider, your wife needed daily home visits for a certain reason, that decision will stand unless you can disprove that professional opinion.
The physician may have stated that he or she did not believe daily visits were necessary, but the physician wasn't in the home providing whatever care your wife was receiving. Therefore, the physician has no first-hand knowledge of what the home care provider encountered.
The records of the home care provider should include assessments by an RN if a skilled treatment was being provided and this assessment should document the care that was needed and why it was needed.
You have not elaborated on what care your wife needed or on the "false and damaging" evidence in the letter. You don't have to--unless you can prove that the extra visits were simply to overcharge you through false pretenses, I don't believe you stand a chance of winning.
Oh, and $300 a month for daily RN visits is an unheard of deal! Are you sure it was a nurse that provided daily care? It wasn't an aide? Heck, $10 a day won't even get you an aide around here--it's more like $40 a day.

Clarification: The Doctor ordered the visits

The nursing provider was only following the doctors orders, the nursing provider in the letter alledged "misuse of drugs" easily proven false, the Doctor required daily visit to document we were using drugs correctly.

QUESTION IS REALLY ONLY: Can a letter signed from a Doctor be used as evidence in a SCC trial? We don't want to burden my wife's doctor with this, my wife needs her as she is one of the best.

AGAIN, only question is can the letter be introduced as evidence?

here is a very informative site that will answer your question about submitting the letter as evidence and will provide you with additional information and give you a resource for additional help.


http://circuit8.org/sc/ (note if this keeps having {url} before and after, don't put those in the web address bar; I can't seem to get them to stop showing up in this answer!)

"This web site is designed to familiarize you with the Pro Se small claims court process. It is intended for the citizens of the State of Florida. Florida’s State Constitution provides that all the citizens of the state shall have access to the court system. At times, however, the court system can be confusing and this web site is intended to provide the viewer with an understanding of the small claims court process as well as the necessary information to process a small claims case."

Thanks but been there and NO ANSWER to my specific evidence question

I understand the process pretty well and got a lot from that site.

BUT it provides NO ANSWER to my specific evidence question.

QUESTION IS REALLY ONLY: Can a letter signed from a Doctor be used as evidence in a SCC trial?




We don't want to burden my wife's doctor with this, my wife needs her as she is one of the best and we don't want to bring her into this as a witness or deposition. May win the case but lose something more important!

oh, gee--I keep hoping one of these attorneys will jump in here and tell you about the rules of evidence, which vary in types of cases.

Small claims court is usually a fairly easy court in which to submit letters as evidence. The only thing about a letter is, how do you ask it questions? What if the other side has letter that contradicts what your letter says?

I think if you take your letter to SCC, with the understanding that the physician will be available by phone during the hearing, then you should be safe.

It's always a good idea to have at least 3 copies and the original. Once you submit evidence, you may not be able to take it home with you. The other side may be entitled to a copy of the letter and you will want a copy of the letter for your records.

Call and ask the SCC if you can submit a letter as evidence. I'm sure they know the answer.

THANKS VERY MUCH

THANKS, THAT IS A GOOD PLAN.

and NO they do not have a letter that contradicts the doctor and have a copy of our letter from the doctor.

Thanks again