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possible malpractice liability?

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curiouscole

Junior Member
Illinois
I'm a member of an organization that helps people with mental health. A caseworker offered my 14 year old daughter, who is not a member, some of her personal xanax.Luckily, I was present and did not allow her to take the medication, and promptly reported the incident. The xanax was a personal prescription of the caseworker. Is there a liability to the organization?
 


quincy

Senior Member
Illinois
I'm a member of an organization that helps people with mental health. A caseworker offered my 14 year old daughter, who is not a member, some of her personal xanax.Luckily, I was present and did not allow her to take the medication, and promptly reported the incident. The xanax was a personal prescription of the caseworker. Is there a liability to the organization?
I agree with I'mTheFather that you have not included enough information to say whether the organization can be held liable for the caseworker's actions. It does not sound likely based on what you have said - but it is possible.

An organization (or employer) can potentially be held liable for the acts and actions of its members (employees) if the member is acting within the scope of his duties and on behalf of the organization when the incident occurs. And an organization can potentially be held liable if the organization hired or retained a member that they knew (or should have known) could be a risk to others.

However, an organization would generally not be held liable for the independent acts of a member (for the member's crimes or tortious acts).

If the organization did not authorize the dispensing of Xanax to your daughter and did not know the caseworker would (or might be likely to) distribute Xanax to another or others without authorization, then the organization would probably escape all liability. Any legal action taken would be against the caseworker and not the organization.

Again though, facts matter - and you have provided few. :)
 

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