Description

A non-negative drug test result may be challenged in court. Liability for negligence may be present if one or more parts of the process was not performed properly.


 

Allegations of impropriety in conducting a drug test may include:

(1) bias in conducting the test or interpreting the results because of race, gender, nationality, etc.

(2) failure to properly train the collector

(3) collector error resulting in contamination of a specimen

(4) use of inadequate containers

(5) error in labelling the container

(6) failure to have the donor initial the specimen seals

(7) failure to follow the chain of custody

(8) failure to address repeated collector errors

(9) failure to handle and transport the specimen properly

(10) failure to adhere to testing protocols

(11) mixup in specimens resulting in a false positive result

(12) tampering with the specimen

(13) errors when performing the analytical tests

(14) failures in security at the testing laboratory

(15) error in reporting the result

(16) breach in confidentiality

(17) error in specimen validity testing (adulteration, substitution, or invalid)

(18) negligence on the part of the Medical Review Officer (MRO) in interpreting the results or discussing the results with the donor

 


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