Employees who test positive for drugs can sue the drug testing laboratory for negligence, seeking to recover all proximately caused damages, such as back pay or front pay. Employers should carefully select drug testing labs and consider requiring the labs to indemnify the employer against the lab’s negligence.
Can I sue for a false positive drug test?
Drug testing laboratories have, until recently, been largely unaccountable for erroneous test results. In recent years, however, lab have increasingly been taken to court and found liable for damages. Many cases of drug testing laboratories successfully being sued are related to termination of employment.
Can you sue for false lab results?
If you’re looking at this as a malpractice case, you have to show that the lab was negligent in coming up with an incorrect result based on falling below the standard of care, plus that the breach of that standard of care actually caused additional…
Can a lab drug test be wrong?
False-Positive Results. In some cases, a drug test may report the presence of illicit drugs, although none were taken. While this is not common, no test is 100% accurate. Lab errors account for some of the mistakes, but most false-positives may be attributed to over-the-counter drugs and foods that can affect the test.
Is a drug test admissible in court?
To be admissible as evidence in a legal proceeding, drug and alcohol test results must be derived from scientifically valid and reliable methods (Meyer, 2011).
What happens when a drug test is sent to a lab?
For a lab-based test, the collected specimen (urine, hair, oral fluid) is sent to a laboratory for more rigorous testing. As such, it takes longer to get the results (2-3 days, on average). A lab-based test can screen for any drug.
What percentage of drug tests are false positive?
Drug tests generally produce false-positive results in 5% to 10% of cases and false negatives in 10% to 15% of cases, new research shows.
Are at home drug tests as accurate as lab tests?
A. While home drug tests are sensitive, they aren’t 100% accurate. False positives can result if an individual has taken certain legal medications, supplements, and even certain foods or beverages. This is why we recommend taking your sample to a professional laboratory to confirm the results.
What do they look for in a 5 panel drug test?
A 5 panel drug test typically tests for commonly abused substances, including THC, Opiates, PCP, Cocaine, and Amphetamines.
Can supplements cause you to fail a drug test?
“Positive urinalysis results due to dietary supplement use can occur because products on the market may contain undeclared drug ingredients – that is, controlled substances that are not stated/listed on the product label,” according to the HPRC website.
Will I lose custody if I fail a drug test?
It is important to remember that a positive result on a drug or alcohol test does not automatically mean a parent will lose custody of a child or there will necessarily be an adverse outcome in the custody case for the parent who tested positive.
What are drug screen cutoff levels?
In the case of urine analysis, drug testing cutoff levels are measured in nanograms per milliliter (ng/ml). For example, an initial screening for marijuana must show at least 50 ng/ml, and then confirmatory tests must prove at least 15 ng/ml.
Is drug use grounds for divorce?
In order to be granted a divorce on the ground of habitual drug addiction, you must show that your spouse has an addiction and that this drug abuse began after you were married.