For example, Colorado law states that any person "who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or IMMUNITY is guilty of extortion" C. Nineteen states have laws against terrorizing or making terroristic threats. Terrorizing usually means threatening to commit a crime of violence or unlawfully causing the evacuation of a building or facility.
Terroristic threat is generally defined as threatening to kill another with the intent of putting that person in fear of imminent death and under circumstances that would reasonably cause the victim to believe that the threat will be carried out. Confidence in quality of care does not negate the threat posed by a patient who wants to sue, says Jonathan C. Often, the threat of litigation comes about after an adverse or unexpected outcome, and the patient and family do not understand why.
Assessment and appropriate communication is key to minimizing the likelihood the threat of litigation will actually result in a claim or lawsuit — and minimizing your exposure. They suspect negligence or a cover-up because no one explained what happened or what was done to try and address their complaints.
What you say and how you respond varies based on the circumstances, he says, comparing the situation to how a physician makes a differential diagnosis. Remember, you can be empathetic without admitting fault. When confronted by a credible threat of legal action, administration should be notified to take appropriate steps. This may involve remedial steps and other measures to mitigate harm, preserve potential evidence, and establish privilege should any investigation be necessary. While the level of concern will be fact-specific, every credible threat of litigation should be assessed to some degree for its likelihood and potential exposure, says David Verschell , JD, partner with Abrams Fensterman in Lake Success, NY.
A threat of litigation by a patient who suffered a complication during a cardiac catheterization certainly will raise more concern than an outburst from an intoxicated patient in the emergency department with a superficial laceration, of course, but each should receive a preliminary assessment. Then, whether the matter warrants any follow-up or investigation can be determined. The way clinicians respond to a lawsuit threat is important, Verschell says.
Doctors and nurses need to understand that once a patient or family member threatens to sue, any reasonable medical discussion generally is over. A clinician or other staff member who hears a lawsuit threat should provide a brief statement to administration during or after the shift, delivering a general background on the proponent of the threat, the events leading up to the threat, and the contents of the threat. That person also should note anyone else who was present at the time of the threat.
That should be sufficient for risk management to determine whether any further inquiry is necessary. Generally no. Threateners must be careful that their threats do not violate the line between coercion and legal threats. A criminal threat, sometimes known as the terrorist threat, malicious harassment, or by other terms, occurs when someone threatens to kill or physically harm someone else. It is axiomatic that anyone can sue, over any issue.
Filing a lawsuit is a relatively simple task: draft a complaint that purports to allege facts that support a claim for legal relief, pay a fee, and file the document with a court. The PHA creates a criminal offence of harassment. Workplace intimidation and bullying can take many forms, including cyber-bullying, sexual harassment, insults and put-downs, lashing out against the employee by yelling and cursing, and threats of violence.
In all cases, the conduct of the abuser serves to intimidate and humiliate the victim or victims. Employee Retaliation and Intimidation Intimidation occurs when those in a position of power with the company leverage their position to coerce employees into doing or not doing something.
Means to intentionally say or do something which would cause a person of ordinary sensibilities to be fearful of bodily harm. To look intimidating, look confident first. Confidence is the key — be confident on what you wear, how you speak and your actions.
Something professional, but that also suits you. It is common for threats of civil lawsuits to have the impact of a kind of extortion.
The question is raised as to whether the person making this kind of threat is committing the crime of extortion. To answer that question, a close analysis of the complex crime of extortion is needed. Criminal extortion is a poorly understood Colorado crime that I have addressed in other articles but a review of the crime is needed to answer this important question. Under Colorado criminal law, the basic crime of extortion occurs when two essential elements are satisfied:.
A more common term for the crime of extortion is blackmail , a term often applied to the crime of extortion. But the term blackmail does not begin to address the complexity of the crime of extortion. Blackmail is commonly defined as an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met.
Blackmail usually involves publicly revealing damaging information or it may also involve using specific threats of physical, mental, or emotional harm against the victim or someone close to the victim.
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