It’s Monday morning and your phone rings. It is a new request for drug screening services at your facility. Your immediate thought is that it is employment related—maybe a precursor to someone obtaining a job, a random drug screening, or potentially a post-accident screening for individuals in the transportation industry. These are common reasons for drug and alcohol testing services to be requested, and they pose familiar liability concerns. However, there are also many areas where drug testing is becoming more commonly used, and, while these areas present new growth opportunities, they also present new liability concerns.
Traditional liability concerns that may lead to malpractice claims for drug and alcohol testing facilities include failure to maintain chain of custody, false positives, vicarious liability for a Medical Review Officer, sexual misconduct and products liability, to name a few. Emerging areas of concern include family testing, testing in substance abuse programs, medical marijuana, pharmacogenetics, and drug testing prior to surgeries. This article provides examples of both traditional and emerging liability concerns that can lead to lawsuits, and also identifies other factors to consider that can impact the outcome of lawsuits. Please continue reading the entire article published in the Winter 2018 issue of DATIA focus.
Reprinted with permission from DATIA focus Magazine, Winter 2018.