Hospital liable for contagious disease?

I've seen the ads also.  Apparently the hospital is facing medical malpractice claims after 20 or so people contacted hepatitis C.  Investigators believe the outbreak was caused by an employee who stole sterile syringes from the hospital's lab and then replaced them with used syringes, tainted with hepatitis C.

I can only speak to MA law: In a situation like this, where an employee commits some act, intentionally or negligently, Massachusetts law allows plaintiffs to collect damages from an employer through vicarious liability for the intentional or negligent act.  Meaning that, if certain requirements are met, the hospital could be held liable for the acts of the employee.

Also, the hospital may be held liable and required to pay damages if the plaintiffs can show that it was somehow negligent through its own conduct.  For example, the plaintiffs might argue that the employee was negligently hired if he had a history of drug abuse.  Or the plaintiffs might argue that the syringes in question should have been stored in a more secure location or inspected before use.  You get the idea.  I'm sure there are other theories of liability that would be apparent to an attorney who does this type of medical malpractice work.  Thanks for your question.