Q: Can I file suit against work comp insurance Co outside the comp system.
A work comp pain management Dr gave him uncharted diabetic meds. Those were not monitored and caused heart and kidney failure because he was not a diabetic. He had to take dialysis and then died from cardiac arrest.
A:
Under California law, workers' compensation typically provides the exclusive remedy for injuries or illnesses arising out of and in the course of employment. This means that, in most cases, employees cannot sue their employer or the workers' compensation insurance company in civil court for work-related injuries or illnesses.
However, there are exceptions to this rule. One such exception is when an injury is caused by a third party's intentional act, including certain types of medical malpractice. If the pain management doctor's actions in prescribing uncharted diabetic medications, which were not monitored and led to serious health complications and death, are found to be outside the scope of normal professional practice or negligent, it could potentially fall under this exception.
It's important to consult with an attorney who has experience in both workers' compensation and medical malpractice to assess the specifics of your case. They can help determine whether you have a viable claim against the workers' compensation insurance company or other parties outside the workers' compensation system. This professional can also guide you through the complexities of such a case, including the gathering of necessary medical evidence and expert testimony.
A: The heirs of the deceased worker can file a wrongful death medical malpractice claim against the doctor, although I foresee difficult issues of proving your contentions if the meds were "uncharted."
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