Legal Question in Personal Injury in California

''Lifetime Medical'' Leads to Drug Overdose / Death

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.

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.


Asked on 3/26/08, 4:30 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: ''Lifetime Medical'' Leads to Drug Overdose / Death

Follow Mr. Roth's excellent advice.

Condolences on your loss!

Good luck!

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Answered on 4/04/08, 4:51 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: ''Lifetime Medical'' Leads to Drug Overdose / Death

We can evaluate the case for Medical Malpractice. If the doctors were County employees and the treatment facilities county facilities, we will have to file a notice of claim within six months of your mom's death. You don't give the day of death.

The case will ahve to be reviewed by experts. It will cost you out of pocket for those reviews. Reviews are not helpful unless the reviewing physicians are willing to testify about their opinions and conclusions in a case against the responsible parties. They charge typically between $400 - $800 per hour of their time.

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Answered on 4/03/08, 8:48 pm


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