QUESTION
Can my mother start a lawsuit against my stepfather's employer or the state?
Asked on Feb 11th, 2015 on Personal Injury - New York
More details to this question:
My stepfather has recently passed away due to pneumonia and hemoptysis. The doctors say it is natural death but my question is regarding his employer. He recently took a job driving trucks cross country. Before driving it is stated that he must pass a physical through his employer and the D.O.T. The doctor stated that he had bad cases of both which caused him to go into a coma and suffer from seizures. My question is, should they not have noticed this during the pre-travel physical? The doctor stated he had these illnesses long before the trip began. Didn't they endanger fellow drivers on the road if he would have gotten sick behind the wheel? Also, if they would have picked up on it, he could have entered the hospital sooner and could still be alive. Any advice is greatly appreciated.
1 ANSWER
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Although I appreciate your mother wanting to seek some remedy, I don't see one in the facts presented: She could try to pursue a worker's comp claim, but she'd have to prove that allowing him to drive in his condition is what caused his death. That's going to be a tough sell if the doctor is saying that he had the illnesses long before the trip began. Also, your step-father must have known that he had some health issues even if he did not know the full extent of it, yet he chose to take the job on and he did not get further treatment.
Answered on Feb 11th, 2015 at 5:44 PM