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A Wilson County, Tennessee, woman is facing a lawsuit after she posted a negative review on Yelp about a middle Tennessee doctor in November. Kelly Beavers is accused of defamation and libel, and false light for a post she made about Dr. Kaveer Nandigam of Nandigam Neurology in Murfreesboro. Her Yelp review, which remained on the website three weeks after she originally posted it, said, "This "Dr's" behavior today was totally unprofessional and unethical to put it mildly. I will be reporting him to the State of TN Medical Review Board and be filing a formal complaint. How this guy is in business is beyond me. Since when did they start allowing Doctors, to throw a complete temper tantrum in front of Patients and slam things when they get upset? He does not belong in the medical field at all." On November 27, the attorney for Nandigam Neurology filed a ,000 lawsuit against Beavers and her friend's son who posted a negative review on Google as well and has since been accused of conspiracy. Beavers said he wrote the review after he overheard her conversation. The lawsuit said the review "contained false, disparaging, and misleading statements." The lawsuit also suggested that the second defendant "was specifically recruited" by Beavers to post false and misleading statements. The plaintiff is also demanding Beavers to remove the post and for the court to issue an injunction to prohibit any further statements against Nandigam Neurology. As of this week, Nandigram Neurology only has Beavers' review and another post that gave the business five stars. Meanwhile, the company has 4.3 out 5 stars from the 21 reviews on Google. "Just in shock, I can't believe it," Beavers said. "They just don't want any negative reviews and they don't want people to talk about or give a bad review." Beavers said she has no regrets leaving the review on Yelp despite the legal action against her. She claimed she posted the review after what she called a disrespectful and shocking experience. After being referred to Nandigam Neurology, Beavers brought her 67-year-old father for dizziness and memory loss, which may have been early signs of dementia. There have been prior interactions with the staff but never with the doctor until the last visit. Beavers says the interaction seemed fine at first, but that said the doctor then threw a temper tantrum and slammed his clipboard when he realized she was recording the appointment on her cell phone, which is something she has done with other doctor visits. "Sometimes we all have things we forget, so that's why I record every doctor's visit. I want to make sure that I'm doing everything right," she explained. "He literally snapped and demanded my phone." Since Tennessee is a one-party consent state, she could record on her phone without the need for permission. Nevertheless, she claims she deleted the recording after he demanded her to. Later that day, an office employee called her to get her version of the story and deemed it was likely a miscommunication. The employee said phones were not allowed in the office, and the situation could have been mitigated if there was a prior notice to record. Beavers believed she should have been taken aside to address any concerns. Ken Paulson of the Free Speech Center, a nonpartisan educational institution that teaches how the First Amendment works in society, said there always needs to be a conscious effort to differentiate between stating an opinion or fact on platforms like Yelp. Words like unethical, dishonest or lying have the potential to damage a reputation or business if believed widely. "Don't state things you cannot back up. It's okay to say you didn't like this pizza or the anchovies were terrible because that's opinion, but you can't say they can't make this pizza without washing their hands. It's a difference in expressing an opinion and damaging a business or person," Paulson said. In reality, lawsuits like what Beavers is facing could be disputed in court and avoid the judicial process under the newly enacted Tennessee Public Participation Act otherwise known as an Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. The act hopes to prevent filing lawsuits as a form of intimidation and protect First Amendment rights, and has slowed down what was a common type of lawsuit in the past. "It allows you when you're sued to go to a judge and say, 'This is nonsense, they're just angry, I didn't cause any damage, will you dismiss this?'" Paulson explained. "They have to prove in the long run that you damaged them and spoke untruths." A judge is there to weed out cases that have no merit but if it is not dismissed, will still have to go through the judicial process. Speech Defense and Anti-SLAPP Lawyer Daniel Horwitz expressed his approval for the legislation when it was passed. He said an overwhelming majority of defamation and other speech-based lawsuits are not filed because a person has suffered an actual legal injury. Horwitz claims the purpose is to punish people for lawfully exercising their right to speak freely about a topic that the suing plaintiff wants to censor. “Tennessee’s new anti-SLAPP statute was specifically designed to punish abusive litigants who file baseless claims against people for exercising their First Amendment rights. The Yelp review is not even conceivably tortious, and the defendants should not give in to a bogus lawsuit like this one. Instead, they should fight back, get the plaintiff sanctioned, and make the plaintiff pay their attorney’s fees under the newly enacted Tennessee Public Participation Act," Horwitz said in a statement to NewsChannel 5.Beavers said she plans to a hire a lawyer and fight the lawsuit. Meanwhile, a request for comment for Nandigam Neurology has been left. 5817

LINCOLN, Neb. — A Nebraska state senator is under fire from his fellow lawmakers after referring to the American flag as a "rag" during debate. Sen. Ernie Chambers (I-Omaha) made the comments while discussing 223

The COVID-19 pandemic has shined a bright light on healthcare professionals and the need for more across the country.Xavier University, in Cincinnati, is working to fill the shortage by launching new programs across the state of Ohio. The college just added a third accelerated Bachelor of Science in Nursing degree based in Cleveland. It's a fast-paced program where students can earn a ABSN degree in just 16 months.“It’s been interesting with the pandemic and COVID to start a new program but we were very prepared," said Dr. Sandra Harris.Dr. Harris is the associate director of Cleveland's ABSN program. She said the first class, which began in May, consisted of just nine students, but that grew to 41 with the second class which began in August. Dr. Harris said the hope is that each cohort is comprised of 70 students to reach full capacity."It's been very positive," she said. "The students are excited to be here." The 16 months consists of 63 credit hours of online and onsite learning. The students complete the coursework online, take simulation labs at the Learning Center, based in Independence, and work alongside trained, professional nurses for clinicals partnering with the Cleveland Clinic.Though the pandemic is causing some roadblocks for students, the program came at an opportune time. Ohio, and much of the nation, is currently facing a shortage of nurses and healthcare professionals.“In acute care, in rehab and the emergency departments," Dr. Harris said.But the field has growing interest. According to the U.S. Bureau of Labor Statistics, employment of registered nurses is expected to grow 7% from 2019 to 2029 - faster than the average for all occupations.Breanna Harper is one of the 41 students currently enrolled in the program. She earned a four-year degree earlier this year from Drexel University, located in Philadelphia, but she's hitting the books once again hoping to fulfill her dreams of becoming a nurse."It's what I'm passionate about," she said. "I've been taking care of people my whole life. I just want to help people feel their best self."The young professional moved to Cleveland from Vallejo, California specifically for the Xavier program and its affiliation with the Cleveland Clinic.“It's the perfect environment to learn what you need to learn to be a nurse. It’s a dream come true almost. You can’t ask for a better clinical experience," she said.Harper is currently working inside the Cleveland Clinic to earn her clinical hours. She said seeing the healthcare professionals in action has given her a new appreciation for their work."It takes a lot of love and a lot of dedication for what you're doing to come into work 12 hours, sometimes more, every single day with a smile on your face and you're not showing any strain or stress meanwhile they have other stuff going on like kids or a family," she said. "It's a lot of respect I have for them and it just shows how passionate you have to be to be in this type of field."Collin Ninke is also enrolled in the program. He said the program is certainly tough but he's enjoying the hands-on experience inside the hospitals.“It’s been tough. It’s been a handful but they give it to you in a really scheduled out way," he said.Ninke said he hopes to work inside an intensive care unit or emergency room after graduating next December.For Harper, her dream is to work inside a labor and delivery unit. Xavier's next 16-month program begins in January. For more information about what is required to sign up, click here. This story was first reported by Meg Shaw at WEWS in Cleveland, Ohio. 3638

Being a truck driver isn't the draw it used to be. At Excel Driver Services, they're grinding gears trying to figure out how to get more people behind the wheel of big rigs. “It's a big issue,” Excel owner Jason Emery said. “You've seen companies go out of business because they can't support growth because they can't get safe drivers to operate their equipment.” Emery says America has a major shortage of licensed truck drivers and the numbers support him. According to the American Trucking Associations, the industry was short more than 60,000 drivers in 2018 – that's almost a 20 percent increase from the year before. The ATA also reports a need to hire more than a million new drivers over the next decade to keep up with growing transportation demands. “There's a huge need for qualified truck drivers right now,” Emery said. “Every company in this town is looking for drivers right now.” Emery says the major reason for the decline is that many drivers are getting older and retiring. Now the industry is trying to attract younger drivers, people like Shelby Stennett – who is changing careers from a frack hand in the oil fields to a truck driver on the interstates. “As far as career-wise making that extra money and put that money in my pocket,” he said. “Being able to provide for myself and my family and my friends. It's important to me because I got to eat. I got to eat to survive.” According to the Bureau of Labor Statistics, the starting pay for a truck driver is ,000 per year. After a few years on the road, however, the ATA says drivers can easily make six figures driving an 18-wheeler. Despite the pay, this job isn't for everyone. Drivers can spend weeks on the road alone and sleep in their rigs. Now economists say fewer truck drivers on the road could end up costing you a lot more money. “For the last several years we've gotten used to free shipping and one-day shipping and give it to me right now,” said Christina Huber, Ph.D. a professor of economics at Metropolitan State University Denver. “Maybe that can't continue.” Huber says with more online shopping and fewer drivers to transport the goods, shipping costs could skyrocket. “If they're having trouble attracting drivers to the industry the only way to alleviate that shortage is to make it more attractive for them to enter,” she said. To attract more drivers, many companies are increasing pay. Excel is now using new technology train a new generation of drivers. “What we decided to do a couple years ago is to purchase a simulator company,” Emery said. “Now we're building our own system to change and evolve how we train drivers.”Evolving to get more drivers to live life on the open road and keep on truckin'. 2726

Barry Peterson and his wife, Jan, were looking forward to forever. The married journalists were living and working in Asia, until Jan's diagnosis with Alzheimer’s at age 55 cut their forever short. “The hardest thing was watching her disappear a little more,” Barry says. They discussed what Barry’s life might look like without her. “She was very adamant that if something happened to her, which I didn't think was going to happen, that I should go on and have the rest of my life,” he says. CBS Sunday Morning captured video of the couple when Jan moved into assisted living. “I do love him, and just couldn't do without him,” Jan said in the video. Barry was alone, and he had to make a difficult decision. “I really felt that for my survival, my sanity, my desire to have conversations with someone that really understood the process, that I needed to reach out and I did,” Barry says.That’s when Barry met Mary Nell Wolff. Friends encouraged Mary to go on Match.com. She says she later got a message from Barry, who shared his story about his wife's illness. “It just broke my heart,” Mary Nell recalls.Mary Nell had suffered her own tragedy, losing her husband in a bicycle accident. After writing and talking on the phone for a year, she and Barry met in person, and eventually moved in together. With Barry traveling the world for work, Mary Nell took on caregiving responsibilities for Jan. “I felt at peace the moment that Jan and Mary Nell bonded,” Barry says. They called themselves a family of three. “I didn't not love Jan, and I was not going to in any way abandon her, but I loved Mary Nell at the same time,” he explains. “And Mary now loved me, and Mary Nell loved Jan.”Barry shared his experience in his book called “Jan's Story.” He received some criticism, much like the husband of B. Smith--an iconic model and restaurateur who lives with Alzheimer’s—did. B. Smith’s husband, Dan, sent shock waves through social media when he revealed he has a live-in girlfriend while also caring for his wife. “If you're not in it, then you have no right to judge people who are in it,” Barry says. Amelia Schaffer with the Colorado Alzheimer’s Association says Barry and Dan’s stories are really about the importance of early detection and outlining your wishes while you can. “The biggest barrier to having conversations early is that people don't recognize they're dealing with Alzheimer’s,” Schaffer says.Jan passed away in 2013. Barry says if you can understand the love he shared with her and Mary Nell, “then you have understood the matrix of what love is like with Alzheimer’s for people who just want to survive.” 2649