CASE D An anesthesiologist addicted to pain killers worked for an anesthesiology practice that treated patients at a hospital After several incidents, the doctor was terminated for reporting to work impaired and putting our patients at significant risk. Within two months of his termination for on-the-job drug use, two other doctors in the anethesiology practice wrote letters of reference for the doctor. The letters stated that the doctor was an excellent clinician" and would "be an asset to any anesthesia service. The letters made no mention of his drug use, performance problems, or termination. The hospital that was considering the doctor for employment also contacted the hospital he had worked at, with a request for credentialing information that included specific questions about disciplinary actions, judgment Page 3 of 3 and signs of behavior problems. At the same time as this request was made, the hospital had similar requests regarding thirteen other former doctors and replied in full to all of these. However, regarding this doctor, the hospital did not respond to the specific questions and instead sent only a brief statement confirming the doctor's dates of employment and job title. The doctor was hired, and after several uneventful months on his new job, he began using Demerol again. Impaired by his drug use, the doctor's improper administration of anesthesia led to a patient who had come in for a routine elective procedure being left in a permanent vegetative state. The hospital at which this incident occurred sued both the former hospital and the anesthesiology practice, based on their failure to disclose the problems with the doctor D-1. What legal statute(s)/concept(s) apply in this case? D-2. Briefly explain the relevant legal statute(s)/concept(s). D-3. if you were the judge, how would you rule? Did the employer act unlawfully? Why or why not