Almost everyone has staph bacteria (staphylococcus aureus) living harmlessly on their bodies. The bacteria usually hangs out in the nostrils. It is only when the staph bacteria enters the body, usually through a wound, that the bacteria can cause trouble. I gather that is what happened in your case.
Pimples, styes, boils, folliculitis and impetigo are some common staph infections. More serious staph infections can lead to pneumonia, meningitus, toxic shock syndrome and endocarditis. MRSA is a contagious, antibiotic-resistant, and potentially fatal form of staph. MRSA is currently making the news because of numerous cases being reported throughout the country, mostly in schools, and it has led to two recent deaths of students in two different states (one in Virginia and one in your state of New York). Michigan, in fact, recently reported a few cases of MRSA. Fortunately the students who contracted the infection have recovered.
If statements made by someone impute a disease or mental illness, the statements made could be considered libelous. Diseases which are considered "loathesome, infectious, or contagious" are libelous if, by falsely saying someone has the disease, it causes that person to be ridiculed or shunned. Loathesome diseases change with the times - from leprosy and small pox years ago to AIDS today, for example.
Generally it would
NOT be considered libelous to have spread around that you have a staph infection because, as I said, staph bacteria lives on everyone and staph infections are common. Staph infections, in other words, are usually not considered loathesome (although they can be infectious and contagious, and styes and impetigo are not real pretty).
In the current climate, however, with the media concentrating on MRSA-related staph infections, and schools throughout the country closing while they are thoroughly scrubbed and sanitized to prevent staph infections from spreading, falsely saying someone has staph could
potentially be libelous, as a person could potentially be shunned. There is a greater fear of staph right now, especially in areas like yours that have reported MRSA cases.
BUT, the problem you have with your particular libel incident is that you
DID have a staph infection. Libel is only "actionable libel" if a statement is
UNTRUE. Truth is an absolute defense to libel.
So, Duncan, as mean as these kids are being, there is really nothing LEGALLY you can do.
You
CAN, however, let these kids know that they have the exact same bacteria living all over their own bodies. . . . . . so they better watch out!!
THAT should give them nightmares.
And I am glad you are okay now.
