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Hospital Liability: Understanding the Issues

Hospital Liability: Understanding the Issues

Hospital Liability: Understanding the Issues Hospital liability arises from two separate and distinct sources. The first comes from malpractice committed by medical staff and the second arises from the negligence of administrative staff.   The legal theories behind these two sources of litigation are different and can cause confusion for hospital administrators. While a hospital’s liability […]

Marijuana in the Workplace

Marijuana in the Workplace

Marijuana in the Workplace Along with alcohol and other drugs in the workplace, the advent of the legalization of medical and recreational marijuana in many states requires employers to face a variety of issues related to the use of marijuana by employees. “The U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) estimated in 2007 […]

Vicarious Liability: Employer Liability for Employees’ Driving

Vicarious Liability: Employer Liability for Employees’ Driving

Employer Liability for Employees’ Driving The common law legal theory of vicarious liability existed long before the invention of the first motor vehicle.  Applying the concept of respondeat superior, courts have held that an employer is responsible for the wrongful acts or omissions of their employees during their scope of their employment. For an act […]

Texting and Driving is More Dangerous than DWI

Texting and Driving is More Dangerous than DWI

Texting and Driving is More Dangerous than DWI According to the National Highway Traffic Safety Administration (NHTSA) driving while distracted is six times more dangerous than driving with a blood alcohol level of .08 yet it is a continuing problem. In recent surveys “…more than eight in ten drivers believed it was completely unacceptable for […]

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