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Doctors as Medical-Legal Experts

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					Opiods in the Workplace

 Who is Responsible for Wat?
             In Re Wat’s Pig
• Smithfield Market, 1742
• It appearing that a large boar, having been
  brought to the market, and a large crowd of
  persons having gathered there, as was to be
  expected, and the boar, being unrestrained and
  uruly, and getting free and running in to the
  common areas and having damaged greatly the
  wares and stalls by string the same wit h great
  force and energy
• And it appearing to the learned Court that
  one Wat was the owner of said boar, and
  the evidence being that the said a boar
  had great repute throughout the
  neighboring villages as a Bad Pig, and
  therefore, that Wat SHOUD HAVE
  RESTARINED THE PIG knowing it might
  damage some stall or wares (or
  someone’s kid…), therefore
        The QUESTION IS
• Who is responsible for Wat?
      Parameters of Problem
• 1. Neither a criminal nor regulatory
  violation
• 2. Doctor patient relationship
• 3. Presumed to be a prescription that was
  both therapeutically appropriate and a
  dosage that was reasonable from the
  doctor’s point of view
      City of Lakeland v Burton
• Origin: On job injury
• Doctor Private doctor
• Claim      Patient died from drug overdose
  related to treatment for on the job injury
• Legal problem workers compensation benefits
• Result If the Rx was related to work, it is part of
  the injury
• Responsibility Employer
• Who Pays         Employer
   Simpson v Iowa Health Sys
• Origin: Off the job motor vehicle accident
• Doctor co-worker of claimant
• Claim      Rx caused disability from work
  (addiction to pain killer)
• Legal problem ADA claim
• Result Rx addiction caused by co-worker doctor
  is within ADA
• Responsibility Doctor
• Who Pays        Employer
  Kaiser v Suburban Transport
• Origin: Bus Wreck
• Doctor Bus driver’s private doctor
• Claim    Passenger vs doctor for Rx induced
  impairment causing wreck
• Legal problem 3d party vs doctor
      (Wat? He’s not my pig …)
• Result Passenger wins
• Responsibility Doctor
• Who Pays Employer of bus driver … and doctor
             Lard v Naidu
• Origin: Widow of wreck victim
• Doctor Psychiatrist of driver
• Claim error in overdose and error in
  discharging from mental hospital
• Legal problem     3d party vs doctor
• Result You guessed it
• Responsibility    Doctor
• Who Pays Doctor
        Wilschinsky v Medina
• Origin: Motor vehicle accident
• Doctor private
• Claim     other driver claims drug overdose
  administered by doctor to other driver in the
  office an hour before the wreck
• Legal problem no violation of Rx regimen, no
  connection between victim and doctor
• Result doctor owes duty to strangers
• Responsibility Doctor
• Who Pays        Doctor
           Ross v Schubert
• Origin: on job injury
• Doctor company doctor
• Claim    Rx caused injury
• Legal problem turns on whether doctor was
  doing as employer directed or acting
  independently
• (He may be my pig, but you gave him to me …)
• Responsibility Turns on whether …
• Who Pays Turns on whether …
        Hawksby v De Pietro
• Origin: on job injury
• Doctor company doctor
• Claim     Rx caused injury at work
• Legal problem medical malpractice
• Result If doctor was merely a negligent co-
  worker…
• (Yes, it was my fault: therefore, I am not
  responsible…)
• Responsibility Employer
• Who Pays Employer
      Wat does all this mean?
• Legal responsibility for the consequences of
  damage associated with opioids in the
  workplace change dramatically depending on
• 1. Why drugs were prescribed?
• 2. Who was hurt?
• 3. What is the legal claim? Workers
  compensation, ADA, 3d party, or medical
  liability?
• 4. Was it foreseeable?
• 5. Who is the doctor working for?
• I hope you didn’t find this all a boar.

				
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posted:7/18/2013
language:English
pages:14