Legal Question in Civil Litigation in California
professional negligence
My brother, a physician, died from an overdose of a drug that he had been addicted to for over a year. His wife was aware of the addiction, but but neither he nor she told anyone else. He died while on the job. It appears that his partners were aware of the addiction and took no action to address it. It also appears that the hospital was, at the time of his death, not following correct procedures for access and use of narcotics. Do my siblings and I have any grounds for legal action against the partners and/or the hospital?
2 Answers from Attorneys
Re: professional negligence
Possibly, but you have not provided enough information. Was your brother employed by the hospital, or just a physician on staff? His wife possibly may have a worker's compensation claim. If he was just a physician on staff, investigation would have to be undertaken to determine whether or not there is a potential claim.
Re: professional negligence
No, unless you can prove they forced him to take drugs.