All nursing home residents who are on medication have their own unique medication and dosage requirements, and some have specific drug allergies. Therefore, giving the wrong medication to a patient could prove disastrous or even fatal.
If you or your loved one has suffered an injury or trauma as the result of improper medicating, you have a legal right to retain a West Palm Beach nursing home medication errors lawyer and seek compensation. With the help of a seasoned nursing home abuse attorney, you could work to gather evidence and build a persuasive case for recovery of monetary damages.
How Do Medication Errors Occur?
When a medication error in a nursing home occurs, it can often be traced back to negligence. Care facilities should have policies in place governing the prescribing and administration of medications. When no policy exists or the established policy is ignored, medication errors can happen that cause serious injuries.
Prescribing physicians, pharmacy staff, and nursing staff are all responsible for ensuring nursing home residents receive the correct medications and dosages. Unfortunately, a medication error can occur at a variety of steps during its administration.
For example, a doctor could prescribe the wrong medication or the wrong dose, or a pharmacist could dispense the wrong type of medication. Similarly, a nurse could administer pills to the wrong patient or administer morning medications at night, or vice versa.
Proving Negligence in a Nursing Home Medication Errors Case
Any of the above mistakes represent a breach of duty in care. Along with this breach of care, a plaintiff must also prove they suffered an injury as a direct result of this breach. This is the basis for the legal theory of negligence, which a West Palm Beach nursing home medication errors lawyer could demonstrate when advocating for your rights.
For these cases, evidence could take the form of previous and current medical and pharmacy records, testimony, documented nursing home policy and procedure, and personnel records of nursing home staff. By collecting and presenting sufficient evidence of negligence, a claimant might be able to successfully demonstrate a medication error occurred and caused them harm.
Possible Damages to Recover
The impact of wrongly-administered medicine could be severe for a nursing home resident. As such, a claim for compensation could request recovery for economic damages like medical expenses and the need for additional medical care, as well as emotional and physical trauma such as pain and suffering and mental anguish. A skilled lawyer nursing home medication mistake lawyer in West Palm Beach could help estimate the compensable value of all the damages an injured resident is suffering from in order to request adequate restitution.
The Statute of Limitations in West Palm Beach
It is important for plaintiffs to keep in mind that, under Florida Statutes §429.296, plaintiffs have two years from the date of an injury to file their lawsuit in civil court. While exceptions do exist—such as when a nursing home tries to cover up an injury—enlisting dedicated legal counsel could prove key to filing a claim that meets the statute of limitations.
Get Help from a West Palm Beach Nursing Home Medication Errors Attorney Today
Filing a lawsuit can be a confusing and complex process, especially if you are underrepresented. Instead of navigating the legal system alone, you could work with an experienced attorney to guide you through every step.
If your loved one suffered harm as the result of a nursing home’s negligence with their medicine, a compassionate West Palm Beach nursing home medication errors lawyer may be able to help. To start your case, call today to schedule an appointment for a legal consultation.