and the laboratory that administered the drug test for the outpatient program.
Example #3: Medical Marijuana Chip lives in a state that recently legalized medical marijuana and he has obtained a marijuana prescription from his physician. Te courts in Chip’s state have not decided the legality of terminating employees who are using prescribed medical marijuana. Chip is involved in a workplace accident and is tested by Scot’s Drug Testing Company, LLC. Chip admits to using medical marijuana, but claims he was not under the influence of marijuana at the time the accident occurred. Te post- accident drug test indicates that Chip recently used marijuana. Chip is fired by his employer, a national company with a zero-tolerance drug policy. His employer argues it has a right to terminate Chip’s employment because
marijuana is illegal under federal law. Chip sues his employer and Scot’s Drug Testing Company, LLC, claiming that medical marijuana is legal in the state where he resides and that the test results were incorrect.
Example #4: Pharmacogenetics Ten-year-old Clint has been diagnosed with cancer. Due to the type of cancer, his oncologist recommends that his family consider pharmacogenetics testing to see which cancer drugs will be most effective in treating his cancer. Brenda’s Medical Laboratory, Inc., administers the test and mixes Clint’s results up with those of another patient. Clint’s oncologist uses the incorrect results to structure a treatment regimen that should shrink his cancer enough to allow for surgical removal. Tree weeks into the treatment, Clint’s oncologist
notes that the tumor is not shrinking as expected. Te oncologist orders another test and receives the correct results which indicate the current treatment plan is entirely wrong for Clint. Te treatment is stopped and the correct treatment is started weeks later, but the cancer has spread and additional rounds of treatment are required before surgery is an option. Clint’s family sues Brenda’s Medical Laboratory, Inc., for the unnecessary treatments and the pain and suffering that they and Clint endured as a result of the incorrect test results.
Example #5: Drug Testing Prior to Surgeries
Lisa is scheduled to have surgery on Tuesday. Her surgeon has obtained a full medical history, but she is concerned that Lisa may not have disclosed substance
Professional Liability Insurance designed just for you.
The Professional Liability Insurance Program is endorsed by your Association, DATIA, and is specifically designed for drug and alcohol testing facilities. As a member of DATIA, you are eligible for a competitive quote from an agency with a knowledge of your special insurance needs.
Insurance.BBT.com
Paula D. Layton 110 Dixie Street Carrollton, GA 800-356-9804
© 2016, Branch Banking and Trust Company. All rights reserved. 26 datia focus winter 2018
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