In Texas, the nurse who contracted Ebola has filed a lawsuit against the hospital. Nurse Nina Pham states that the hospital was negligent and as a result, she contracted a deadly disease. She is now suing for compensation. While the majority of the lawsuit focuses on her pain and suffering, there are some mentions of her invasion of privacy and even claims of fraud.
This lawsuit has brought to light three very important things regarding negligence in the work place, including:
- Employer Negligence – In the lawsuit, Pham states that the hospital owed her and other employees a certain level of care which they failed to provide. Because the hospital was aware of the Ebola threat and the hospital was responsible for how they responded to that threat, they did not properly train, educate or even equip their staff to avoid catching the disease. Pham’s lawsuit claims she is also still suffering from nightmares and potential unknown long-term effects of the disease as well as the side effects of the experimental drug she took.
- Negligent Undertaking – The lawsuit also states that the hospital’s policies and procedures did not exercise reasonable levels of care, and the hospital’s lack of care increased the likelihood that Pham and other nurses would contract this deadly disease.
- Premise Liability is Included, Too – Because property owners, including hospitals, are required to keep people safe on their property, Pham has also included premise liability in her lawsuit. Because the hospital could not meet the standards of care required for protecting her and others from Ebola, they failed to maintain a safe environment within their hospital facility.
The lawsuit is very new and has not even entered a court room. But, it is estimated that this lawsuit will be a very complex, long litigation. It is likely that the hospital will settle with Pham before it goes to trial and they will pay her for any damages due to contracting Ebola.
But, there is one big issue in Pham’s lawsuit. She must prove the hospital acted negligently and in some way, she may be partially responsible for contracting the virus, which hospital attorneys are likely to use against her. Because of this contributory negligence factor, she may not be entitled to a full settlement.
Injured at Work? You Need an Experienced Injury Attorney
You do not have to catch a deadly virus to have a viable lawsuit against your employer. Because employers are required to protect employees and provide safe work environments, you have the right to a fair settlement when they fail to do so. Contact the team at Scott J. Sternberg & Associates today to file your claim and let us help you get the compensation you deserve.
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