Monday, July 21, 2014


See article

Johns Hopkins is one of the finest hospitals in the world. It is inconceivable that they would have allowed this doctor to remain on staff had they known what he was doing. Johns Hopkins did the right thing in settling, but I'm not sure how they were negligent.

In law whether it is slip and fall or sexual harassment the general rule is you must show the company of employer knew about the problem before you can hold them accountable.  For example if you slip on strawberries at the grocery store you do not get to sue unless you can show the store knew about the spill or designed a display case which allowed for  such spills.  In sexual harassment you cannot sue if a low level employee harasses you.  You must show there had been other complaints and the company failed to act.

This is the same problem facing CAVA and the candidates who hired the politiqueras.  Just because someone helping CAVA may have crossed the line and compromised evidence does not mean CAVA is to blame.  You cannot control everyone you hire.  The same for the candidates.  It is not illegal to pay someone to go door to door and campaign for you. 

Now I would be lying in the case of the politiqueras that the candidates did not have some awareness of the illegal conduct.  Of course they did and no candidate is going to convince me otherwise.  But the candidates know the scoop -without proof they authorized the illegal conduct  it is hard to convict a candidate.  You would have to prove the candidate knew about how the politiquera violates the law and then hired them anyway.  In some cases this may be easy.

Judge Tagle had it right - enough with the politiqueras - it is time to nail the candidates.  This can be done by showing the candidate knew the politiquera they hired would break the law, or they paid the politiquera and did not report it on their campaign finance reports.  I wish the  AG the best.

I did this post because I want people to understand in every case not every candidate was necessarily controlling what the politiqueras were doing, and hence no liability.

No one believes Johns Hopkins hospital sanctioned this doctor's conduct,   Sometimes you can hire bad people and not know it - but in the case of the politiqueras I am at a loss to believe the candidates did not know what they were doing.

1 comment:

Anonymous said...

It's Johns Hopkins...