Case or no Case?

[rightsideup]

This is in the state of Alabama.

My exboyfriend claimed to me that my brother and sister-in-law told him a bunch of things about my past and about me. They both used Facebook to tell him the things that he is claiming. One time they used IM and the other time they used mail messages through Facebook. (all of this according to him)

In the midst of him breaking up with me, I revealed to him that I was 6 weeks pregnant. At this time he told me that my brother said I would lie about things, steal things and claimed my brother said a bunch of slanderous things. He also said that my sister in law sent him messages saying I was crazy, made up stories and lied about things.

This caused me a lot of stress, even noted by my doctor that my blood pressure was sky high. I lost the baby 2 weeks later.

I am not sure that my brother or sister-in-law would say these things about me, so I am wanting to file suit against my ex-boyfriend, subpeona the Facebook records and prove that he is lying and caused me undo stress to lose the baby.

My question is, do I have a case to go after my X for making up lies about my brother and sister-in-law that caused me and my baby high stress? Or at worst would I have a case against my brother for telling my X these things?

 

[Proserpina]

This is in the state of Alabama.

My exboyfriend claimed to me that my brother and sister-in-law told him a bunch of things about my past and about me. They both used Facebook to tell him the things that he is claiming. One time they used IM and the other time they used mail messages through Facebook. (all of this according to him)

In the midst of him breaking up with me, I revealed to him that I was 6 weeks pregnant. At this time he told me that my brother said I would lie about things, steal things and claimed my brother said a bunch of slanderous things. He also said that my sister in law sent him messages saying I was crazy, made up stories and lied about things.

This caused me a lot of stress, even noted by my doctor that my blood pressure was sky high. I lost the baby 2 weeks later.

I am not sure that my brother or sister-in-law would say these things about me, so I am wanting to file suit against my ex-boyfriend, subpeona the Facebook records and prove that he is lying and caused me undo stress to lose the baby.

My question is, do I have a case to go after my X for making up lies about my brother and sister-in-law that caused me and my baby high stress? Or at worst would I have a case against my brother for telling my X these things?

I'm very sorry for your loss but I do not believe you could ever prove that your miscarriage was caused by stress you felt about your ex's statements.

 

[Zigner]

This is in the state of Alabama.

My exboyfriend claimed to me that my brother and sister-in-law told him a bunch of things about my past and about me. They both used Facebook to tell him the things that he is claiming. One time they used IM and the other time they used mail messages through Facebook. (all of this according to him)

In the midst of him breaking up with me, I revealed to him that I was 6 weeks pregnant. At this time he told me that my brother said I would lie about things, steal things and claimed my brother said a bunch of slanderous things. He also said that my sister in law sent him messages saying I was crazy, made up stories and lied about things.

This caused me a lot of stress, even noted by my doctor that my blood pressure was sky high. I lost the baby 2 weeks later.

I am not sure that my brother or sister-in-law would say these things about me, so I am wanting to file suit against my ex-boyfriend, subpeona the Facebook records and prove that he is lying and caused me undo stress to lose the baby.

My question is, do I have a case to go after my X for making up lies about my brother and sister-in-law that caused me and my baby high stress? Or at worst would I have a case against my brother for telling my X these things?

You know - you could just move on. That would be even LESS stress on your baby.

(No, you don't have any case against the ex - drop the drama)

 

[Proserpina]

You know - you could just move on. That would be even LESS stress on your baby.

(No, you don't have any case against the ex - drop the drama)

Zig..she already lost the baby....

 

[TheGeekess]

Section 13A-13-7
Inducing or attempting to induce abortion, miscarriage or premature delivery of woman.

Any person who willfully administers to any pregnant woman any drug or substance or uses or employs any instrument or other means to induce an abortion, miscarriage or premature delivery or aids, abets or prescribes for the same, unless the same is necessary to preserve her life or health and done for that purpose, shall on conviction be fined not less than $100.00 nor more than $1,000.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
(Code 1852, §64; Code 1867, §3605; Code 1876, §4192; Code 1886, §4022; Code 1896, §4305; Code 1907, §6215; Acts 1911, No. 450, p. 548; Code 1923, §3191; Code 1940, T. 14, §9; Acts 1951, No. 956, p. 1630; Code 1975, §13-8-4.)
Section 13A-13-7

 

[Proserpina]

Section 13A-13-7
Inducing or attempting to induce abortion, miscarriage or premature delivery of woman.

Any person who willfully administers to any pregnant woman any drug or substance or uses or employs any instrument or other means to induce an abortion, miscarriage or premature delivery or aids, abets or prescribes for the same, unless the same is necessary to preserve her life or health and done for that purpose, shall on conviction be fined not less than $100.00 nor more than $1,000.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
(Code 1852, §64; Code 1867, §3605; Code 1876, §4192; Code 1886, §4022; Code 1896, §4305; Code 1907, §6215; Acts 1911, No. 450, p. 548; Code 1923, §3191; Code 1940, T. 14, §9; Acts 1951, No. 956, p. 1630; Code 1975, §13-8-4.)
Section 13A-13-7

How would OP be able to prove that the miscarriage was due to stress incurred by those statements and prove intent? (as intent appears to be a requirement)

I'm just not seeing how those statutes would even loosely apply?

 

[TheGeekess]

How would OP be able to prove that the miscarriage was due to stress incurred by those statements and prove intent? (as intent appears to be a requirement)

I'm just not seeing how those statutes would even loosely apply?

If OP can prove that the stress caused the miscarriage, then, I'm willing to bet, an Alabama judge & jury would see it that way.... (Remember, we've got a Republican gubernatorial candidate that wants to ban abortions in Alabama.... and he's not alone. )

 

[Proserpina]

If OP can prove that the stress caused the miscarriage, then, I'm willing to bet, an Alabama judge & jury would see it that way.... (Remember, we've got a Republican gubernatorial candidate that wants to ban abortions in Alabama.... and he's not alone. )

Egads...yes, ok, I can see where you're coming from there.

With that said wouldn't she have to show that not only was the miscarriage caused by stress (and I just can't see that happening), but that the stress was caused solely (or at least in greatest part) by the ex and his statements?

 

[TheGeekess]

Egads...yes, ok, I can see where you're coming from there.

With that said wouldn't she have to show that not only was the miscarriage caused by stress (and I just can't see that happening), but that the stress was caused solely (or at least in greatest part) by the ex and his statements?

Yes. Therein lies OP's greatest problem.

 

[quincy]

This would not be the easiest defamation action to pursue, and it would be an expensive one.

First you would have to discover who said what, so you know who to sue. The Facebook pages and emails would need to be subpoenaed and reviewed, to determine their defamatory nature, and/or witnesses would need to testify that they heard slanderous comments made about you. Being called a liar would not be defamatory nor would being called crazy. Being accused of sexual impropriety or being accused of a crime (such as theft) would be.

Then, if the statements are in fact defamatory, a direct link would need to be shown between the statements that were made and the stress that was suffered. It could be difficult to show that the stress resulted from the defamatory comments and not from the fact that you were 6 weeks pregnant and your relationship had just ended (although if the relationship ended as a result of the defamatory statements, this would make a difference). The stress would need to have medical documentation and, perhaps, testimony from your doctor. Then a direct link between the stress and the miscarriage would need to be proved. Testimony from your doctor, again, could be needed.

A lawsuit is not out of the question, but the linking of the defamatory statements to the stress and to the resulting miscarriage will be difficult at best, and even if you are able to do this, there is still no guarantee you will win a suit.

There is a Pennsylvania case where a pregnant woman sued over stress she suffered as a result of the defendant's actions, but this was not a defamation action. The pregnant woman and several others were shot at a health club by the defendant in this action. The woman's doctor said the stress which resulted from the defendant's conduct put her at high risk of a miscarriage. Although a pregnant woman who is suffering from stress after being shot and witnessing others being shot may have a better chance of collecting damages than one whose stress is from defamatory comments, stress may have actually caused your miscarriage. If a jury sees the links between the statements that were made and your miscarriage, there could be substantial damages awarded.

A 1916 Alabama case has some similarities to both the Pennsylvania case and to your described situation, although this, too, is not a defamation case. In Alabama Fuel and Iron Co v Badoni, a pregnant woman suffered a miscarriage due to the stress and trauma of witnessing the defendant shoot a dog. Her husband, the plaintiff in the case, was able to recover for medical bills and for the loss of services of his wife.

According to a Tufts University study published in Endocrinology in 2003, physical or emotional turmoil during the early months of a pregnancy puts a woman at a high risk of miscarriage. Stress produces a chemical and hormonal reaction that can affect a pregnancy.

Although yours would not be an easy action to win, it might be worth your time to consult with an attorney in your area for a review of all of the facts.

 

[Proserpina]

The stress would need to have medical documentation and, perhaps, testimony from your doctor. Then a direct link between the stress and the miscarriage would need to be proved. Testimony from your doctor, again, could be needed.

This is where I believe the problem lies. And this is where I sincerely hope that OP will come back and clarify a few things:

Was an autopsy performed on the fetus?

If so, what were the findings?

Does OP have any history of hypertension? Does she have a family history of hypertension? Was there a case of gestational diabetes?

Is there anything in OP's medical records which may suggest a predisposition to either pre-eclampsia or early pre-natal hypertension?

 

[rightsideup]

This is where I believe the problem lies. And this is where I sincerely hope that OP will come back and clarify a few things:

Was an autopsy performed on the fetus?

If so, what were the findings?

Does OP have any history of hypertension? Does she have a family history of hypertension? Was there a case of gestational diabetes?

Is there anything in OP's medical records which may suggest a predisposition to either pre-eclampsia or early pre-natal hypertension?

No, there was no autopsy and I was only 8 weeks along when i miscarried.

I have no history or family history of hypertension or diabetes.

Yes, 6 years ago I was told by my OB that I had a 5% chance of carrying a baby full term do to scaring of my uterus. So I do have that against me.

Do I have to file suit before I can subpoena the Facebook records?

Some of you have said it would be very expensive... any rough estimates you can give me would be great!

 

[quincy]

The average defamation lawsuit costs around $175,000. Some will cost much much more, and others significantly less. It is hard to give an accurate figure for any particular suit because the costs are dependent on attorney fees, how actively the suit is fought by the defendant, expert witness costs, time spent in court and on motions. . . . . all sorts of variables.

Because of the costs involved in an average defamation suit, a lawsuit must be considered carefully and reviewed for merit. Without a solid case from the outset, and without a defendant who can pay the damages awarded should you win your case, going ahead with a suit is probably not reasonable.

An attorney can tell you where you stand after reviewing all of the facts.

In order to get a subpoena for records from Facebook, a court would require that you file suit first. Your first task then would be to figure out how to prove you were defamed without having the Facebook pages as evidence and, second, who exactly defamed you, so you know whom to sue.

A court will not issue a subpoena if it is only a "fishing expedition" used to see if you have been defamed. You must have convincing proof of defamation and injury prior to filing suit.

And, again, you must know whom you are suing.

The ex-boyfriend passing on false accusations to you by phone is not defamation if he created the lies and passed them on to you alone. It is whoever communicated the defamatory statements to him or to others beside you that you would be targeting in your suit, and this may (or may not) be your brother and/or sister-in-law.

This could require testimony from someone who viewed the statements made about you on Facebook or heard slanderous lies about you. From the sounds of it, this testimony might have to come from your ex-boyfriend, and that could be a problem. He would have to relate what was communicated to him by your brother or sister-in-law.

If you are able to show that defamatory statements were made about you and communicated to others, then the more probable route your attorney would take with the Facebook material is to request their production during discovery.

Although I agree with Dogmatique that trying to link the stress to the miscarriage could be difficult, there is a lot of medical literature that shows stress can play a role in miscarriages. The fact that you were predisposed to having a miscarriage may not play into it at all. The fact that you were stressed can be shown through doctor testimony or medical records. I definitely do not think that that would be your biggest challenge.

I think the biggest challenge is with the defamation part of your action. You need to first prove that you were defamed, and then you need to prove who it was who defamed you. Stress could be a logical outcome of defamatory statements.

Again, you really need an attorney in your area who can review all of the facts. As was originally said, this is not a defamation action that would be easy to pursue and to win. The facts as they stand may not justify the expense involved in proceeding with any legal action.

 

[Proserpina]

No, there was no autopsy and I was only 8 weeks along when i miscarried.

I have no history or family history of hypertension or diabetes.

Yes, 6 years ago I was told by my OB that I had a 5% chance of carrying a baby full term do to scaring of my uterus. So I do have that against me.

Oh hon - I do feel terribly for you for having to go through a miscarriage. But these two facts - I rarely make such absolute statements but I do believe it's justified here - just about guarantees that you will not be able to prove the miscarriage was caused by stress.

By all means seek a consult with an attorney who will review the details and be able to advise you further. Once again I'm very sorry for your loss.

 

[quincy]

I would not make the guarantee that Dog makes.

The fact that you had a high risk pregnancy in the first place could show that stress played a greater role in your miscarriage. If the doctor felt the pregnancy could have continued until the fetus was at least viable, and if the doctor felt that stress complicated your condition to the point where it led to your miscarriage, your medical history could play either way.

That said, however, I believe any suit would be an uphill struggle for you on several fronts. Your medical history would just be another factor used by the defense to defeat any claim. Dog believes it could be a deciding factor but, as The Geekess pointed out, your medical history may not be as much of a factor to an Alabama jury as is the fact that you miscarried at all, if links between the defamation and the stress and the miscarriage can be convincingly shown.

Again, nothing easy here. You really need to speak with an attorney in your area.