Scenario 1
- A phlebotomist instructs a male patient on how to collect a 24 hour specimen of urine. Despite the standard operating procedures of her employer, she omits to warn the patient against passing urine directly into the bottle because it contains acid as a preservative.
The patient urinates directly into the bottle and the acid in the bottle burns the tip of his penis. Upon healing there is resultant tightening of the foreskin and narrowing of the urethra leading to urinary obstruction requiring major corrective surgery. - Is the employer vicariously liable for the patient’s complication? Why or why not?