To: Aishwarya who wrote (203 ) 3/17/1998 11:55:00 AM From: R.C.L. Read Replies (1) | Respond to of 2887
Sri--It's only a matter of time.............................soon lawsuits of every kind of latex application will force hospitals to alternative materials------------------ This article first appeared in AHA News on March 9, 1998. Staff allergies to latex raise knotty -- and potentially costly -- issues By Jon Asplund Some attorneys say health care providers' understanding of latex sensitivity issues is all that stands between them and costly litigation. For now, hospitals might find some solace in knowing they won't be dragged into lawsuits against manufacturers of latex gloves. A jury in Milwaukee Feb. 25 awarded a radiologist $1 million for doctors' bills and damages in her lawsuit against glove manufacturer Smith & Nephew of England. "If it's a product liability claim against a manufacturer, in most states workers' compensation laws do replace those lawsuits" for employers, said Fred Entin, AHA general counsel. Ignore at own risk But employers could see explosive workers' compensation claims if they ignore the fact that employees can have severe allergic reaction to latex, said Deborah Schmitt Bussert, a Chicago attorney involved in latex product liability suits. She said there have been numerous workers' compensation lawsuits related to latex sensitivity and a handful of judgments against employers. Workers' compensation might not be the only avenue that employees will pursue if they feel a hospital's latex policies are inadequate. Bussert said that hospitals soon might see lawsuits claiming violation of the Americans with Disabilities Act (ADA). Hospitals that initially ignore problems, then say they cannot alleviate them by buying more expensive powderless latex gloves will be most vulnerable, Bussert said. "When [employees] don't get a sympathetic ear, that's when they call a lawyer," she said. "I understand the theory that if someone does have an allergic condition and it is possible to make a reasonable accommodation to allow a worker to continue in his or her profession," that failing to do so could bring an ADA complaint, Entin said. But he has not heard of a case in which the worker or employer has refused to make a reasonable accommodation. At the same time, an employer might find itself in a Catch-22, according to Scott Mills, a Washington, DC, attorney whose firm represents the American Nurses Association as well as hospitals and other providers. Mills said the situation becomes sticky when hospitals follow National Institute of Occupational Safety and Health guidelines that call for screening workers who belong to a high-risk latex sensitive or potentially latex sensitive categories. Hospitals that test their employees, then reassign them to administrative positions, might be seen as "denying a career choice and path to the employee," Mills said.