Since my child was in college and was exposed to TB by a nurse that worked at a hospital my child went to, if my child had contracted TB can I sue the hospital?

UPDATED: Jul 22, 2013

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Since my child was in college and was exposed to TB by a nurse that worked at a hospital my child went to, if my child had contracted TB can I sue the hospital?

Asked on July 22, 2013 under Malpractice Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could only sue the hospital if the hospital was at fault in some way, such as by not having proper sanitary procedures, or allowing the nurse to work if the hospital knew she had TB and posed a risk of infection. An employer is generally not liable for an employee's wrongful (including negligent or careless) acts unless the employer was also at fault. If  the hospital had adequate procedures and no knowledge she was infected, for example, they should not be liable. 


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