In the November/December issue of this journal, I wrote an article that explored the recent and alarming tendency of state courts around the country to hold employers liable for large money damages when their employees or former employees do harm to third parties. Two examples were cited—the Kadlec case and the Doe case—demonstrating how courts are applying widely recognized negligence standards in new ways to find significant liability in a broad range of workplace contexts. The Kadlec case specifically involved a physician practice. The court found the practice negligent in failing to reveal to a subsequent employer of one of its former physicians that this physician was terminated under circumstances suggesting a drug problem. The physician practice was ultimately requiredto contribute $4 million dollars to a medical malpractice settlement based on this determination.
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Mar_Apr_2007_310-312
When Dangerous Employees Cause Harm Part 2 (Protecting Yourself against Liability from Dangerous Employees)
