Michael Best attorneys Lisa Petersen, Evan Strassberg, and Judson Stelter’s published article, “Utah Court Holds Employers Liable Even When Workers Hide Mistakes” was featured in TLNT on February 1, 2018.
“Despite well-settled case law in Utah regarding Respondeat Superior and the theory that an employer cannot be held liable for the actions of an employee if the employee’s conduct was outside the course and scope of his or her employment, the Utah Court of Appeals issued an opinion January 19 that seems to eclipse that doctrine with a theory of “imputed knowledge” under agency law. The case is Lane v. Provo Rehabilitation and Nursing.
Provo Rehabilitation and Nursing (Provo Rehab) is a Utah residential nursing facility. Plaintiff is the daughter of a patient (Patient) who passed away while a resident at Provo Rehab. A nurse (Employee) employed by Provo Rehab gave Patient narcotics that were prescribed for another patient. Employee, after discovering her error, concealed that error from Provo Rehab for fear of losing her job. Employee achieved her concealment by giving the Patient’s medications to another patient, falsifying medical records, and not informing subsequent care providers of her error. Patient died two days later.”
To read the entire TLNT article, click here.