Legal Question in Workers Comp in California
''Lifetime Medical'' Leads to Drug Overdose / Death
Hi,
My mother was awarded lifetime medical as the result of a workers comp injury in a county job. Successful back pain treatments were quickly reduced to nothing more than prescription drugs, despite written pleas from her pain doctor to approve other methods and his concern that drug addicition and depression would ensue. Given the lack of any non-drug related treatment, my mom became sedentary, depressed, virtually home-bound, and reliant on prescription drugs. Sadly, she died of a drug overdose in July 2007. We learned of the overdose many months later when we received the final coroner report.
The county had my mother see several of their doctors until one finally agreed to deny the non-drug related treatments that were helping her. The county asked her repeatedly to settle for a lump sum, all the while reducing her lifetime medical to nothing more than pills. This was done despite evidence that other treatments were helping. Other than back pain, she had a clean bill of health and was told in writing to ''keep up the good work''.
We believe the county's actions were negligent, did not provide a proper level of care, and led to drug dependence, overdose and death. What can we do to take action?
Thank you.
1 Answer from Attorneys
Re: ''Lifetime Medical'' Leads to Drug Overdose / Death
Normally for a personal injury caused by a public entity a claim must be filed within 6 months, which has passed. You do not have a great case under WC for a death benefit. You need to go to an attorney who does WC and some trial work and see if they did not pay her some of her entitlements and is there a chance at getting the death benefit.