What if no counter witness??

[spike1951]

What is the name of your state? Florida

What if I as plaintiff witness under oath at trial that a healthcare provider's nurse did not arrive at the scheduled time but called and said that she was two hours behind and clearly directed me to leave the IV pumps on our porch, just outside our door and she would pick them up.

But the defense does not have a deposition on the nurse or have the nurse at the trial to testify. There are only the two of us who know the truth.

Assume the defense can provide no affidavit or record or anything to contradict my testimony.

Does the court grant, upon my testimony, with no testimony to the contrary that what I said is fact concerning the case?

 

[spike1951]

I really need some help on this one

Surely S or HG, or I, one of the big three can answer this for me.

It seems obvious that the answer is yes, but legally, it may not be.

Thanks for helping,

Spike, I've gone this far and have a shot against a big corporation, but need some advice here.

 

[stephenk]

Depends.

if the defendant is unable to contradict your testimony AND if your testimony is relevant toward resolution of an issue in the case AND the court determines your testimony to be credible, then the testimony will be more persuasive in your favor.

Does the leaving of the IV pump on your porch have any relevance toward resolving an issue in your case?

 

[spike1951]

Yes it does

The suit revolves around written statements made that say I did several things uncooperative and bordering on illegal actions. One, of those, was leaving a "narcotic" IV pump, which I emptied of all narcotics, on my porch.

The nurse had been picking up these IV pumps without coming into our house for 3 months in a row. Proving that was the way it happened, and was directed by a representative of the company, will then establish the letter the company sent out was false.

That establishes our claim that false and negative statements about me caused additional expense cost in for daily nursing visits, directed by the doctor in writing to me because of these false statements. Narcotics are extremely controlled and because of these allegation, the doctor was required to collect months of documented nurses visits showing that I was doing everything properly.

The previous company who wrote the letter dismissed my wife because of these allegations, so the new company's nurses did so for 8 months. Then the doctor had the counter documentation that I was trustworthy to control the narcotics. She then stopped the extra nursing visits.