Legal Question in Workers Comp in Alabama

Harassment

My wife has been receiving medical treatment for the last eight years for a back injury covered by workmans comp. A few months back they sent her a letter wanting her to settle her medical part of her claim. She turned down the offer. Since then, they tried to get her doctor to stop her medications she has been on. He refused, saying that if he discontinued her medications all at once, after all this time, it could kill her. They contacted the pharmacy an told them not to fill her medications. After finding this out, the Dr. wrote them a letter telling them what could happen to her if they cut her medications off all at one, and said that if they were going to do this, that he couldn't be her Dr. anymore because he didn't want any responsability for what could happen to her. They had sent my wifes files to some Dr. who had not read her file or ever met my wife, and this Dr. stated that she did not need these medications. They have sent her to several quack Doctors in the past few weeks, One of them wrote her a prescription for sleeping pills that said to take 8 a day. The phamacy wouldn't even fill this because they said she would overdose if she took the sleeping pills the way he said. There is a LOT more this.


Asked on 1/27/06, 11:03 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Harassment

It is possible that your wife has an outrageous misconduct claim. The test for this is "conduct so outrageous in character that it would shock the conscience of individuals in a civilized society." There are very few cases of this nature that the courts have let reach a jury verdict, and even then, the courts, especially the one now, have overturned the verdict. However, it sounds like your wife's situation might reach this level. If you have any further questions about this, you may contact me at [email protected]. Sincerely, Jon E. Lewis (www.Lewis-Attorneys.com).

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Answered on 1/28/06, 9:07 am


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