Legal Question in Medical Malpractice in Florida

My husband had a DOT physcial on 11/11/09 where he had a blood pressure of 190/110 and the second was 140/102. On the DOT physical sheet is specifically states that to qualify the driver the bp must be less than 140/90. My husband died 12/22/09 while working. Cause of death was a heart attack due to a complete blockage. Should this doctor have released him or should he have sent him directly to the ER, where, maybe, the heart problem could have been found and he would not have died? Also, is he entitled to workers' comp because he died at work but a result of work?


Asked on 1/03/10, 4:13 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Work Comp would not apply because it was not a work related injury. The doctor should have told him that he should be sure to follow up with his physician (and I suspect he will say that is what he told him). The better questions are whether his primary care physiciuan should have done something. If he did not have one, then that presents a problem. Many times ther physical performing physician is not the person's doctor in the true sense of the word and there is no patient doctor relationship. He is working for the comp-any to tell the company about the physical condition -- not the patient. The relationship for a physical may not support a med mal case at all.

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Answered on 1/08/10, 6:42 am
Angelo Marino Angelo Marino Jr. PA

You should see a malpractice and a workers compensation lawyer in you area. If you do not know any, contact me and I will refer you to lawyers who may be able to help you. Want to know the law without going to law school? Protect yourself against ripoffs? Sign up for a free legal newsletter on various areas of consumer law by going to www.ConsumerLawyerHelp.com.

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Answered on 1/11/10, 6:17 pm


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