Legal Question in Health Care Law in Maryland
False Urine Drug Screens
I was inrolled in an intensive outpatient treatment program due to having a alcohol positve urine drug screen. This was a valid result have I have been sober for five years. I have never had a problem with drugs. 9 months into the treatment program, a random urine sample came up positive for opiates. I did not ingest anykind of opioid drug but did eat poppy seed bagles on a regular basis. When I was confrunted with this positive test I refussed to acknowledge that I had a drug problem. Subsequently, I was terminated from my job because I did not complete the agreed apon treatment program. I have moved on with my life but am currently trying to clear my name and standinig in this small comunity. I participated in a deposistion already but the representitives of the hospital and treatment center are the same. They have puirgered themselves in the deposistion but I am afried that the judge who reviews this case will dismiss my claims. This is a very small comunity and the hospital is the strongest bussiness in the area and their law firm the most prestigius. What can I do to prevent this injustice of being railroaded by the hospital cooperation?
1 Answer from Attorneys
Re: False Urine Drug Screens
False positives are possible for a number of reasons. Where you alleged
a false positive, the next question is what the testing facility did in response.
Some questions in this regard are: Were re-tests taken from you to confirm the falsity of the positive? Did you have a test performed at another facility or was this not even offerred?
Did they investigate the matter to ascertain a break in the chain of custody? Did they
modify their testing process for any identified deficiencies? What is the type of test used?
Has the facility retained records on allegations of false positives? Has a report of such false positive
reports been requested with the names of the individuals purged to protect privacy?
What claims are you bringing? Are your represented by an attorney? Was the sample in question preserved for a confirmatory test?
I presume your job is such that alco-drug testing is required. This is a BIG presumption unless you are employed in such a job that renders this
question not applicable (i.e., truck driver, police/security officer, etc.). If you are not employed in such a capacity, then the employer's rights over
requesting such a test is another area to be reviewed. Similar to this area is whether you are required to complete a "treatment program" or whether there are
other, alternate remedies available to the company. This last point obviously bears a relation to the type of job you held.
What is it that they are doing to harm your name or reputation? You should realize that if you are taking action on a defamation basis that the statute of limitations is
quite short (one year) unless you have otherwise addressed this in your pleading.
The substance of the deposition is also an area of review. What was the purpose? Who instituted it? Under what basis was it performed? What other evidence may exist and should
be discovered that may show that the deposed testimony was incorrect?
As you can see, there are alot of questions relating to your inquiry that should be reviewed by an attorney. I am available at (410) 799-9002 if you should desire to contact me on this matter.
G. Joseph Holthaus III, Attorney
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