A medication error can cause you or your loved one to suffer serious side effects. And sometimes, medication errors can even lead to the death of a patient.
In nursing homes, medication errors are more common than you might think. The Food and Drug Administration actually receives over 100,000 reports of medication errors each year, and a number of these come from nursing homes.
If you believe that you or a loved one suffered as a result of a medication error in a nursing home, you should reach out to an elder law attorney as soon as possible. At Senior Justice Law Firm, we have seasoned attorneys available to help you or your loved one seek justice and compensation after suffering a medication error. Today, we will discuss some of the basics surrounding medication errors and how you might be able to sue the nursing home. This way, you can be more fully informed before initiating your legal claim.
What Are Medication Errors?
The National Coordinating Council for Medication Error Reporting and Prevention defines a medication error as: “a preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer.” Medication errors can lead to death, a life-threatening situation, hospitalization, or disabilities down the line.
Common Medication Errors in Nursing Homes
The most common types of medication errors include the following:
- Dose omissions,
- Overdoses,
- Underdoses,
- Wrong patient,
- Wrong product, and
- Wrong strength.
These are just some of the most common types of medication errors, but a medication error can happen in a number of ways.
Can I Sue a Nursing Home for Medication Errors?
If someone suffered any form of measurable harm due to a medication error, it is likely that they have a valid legal claim. These types of legal claims are rooted in a legal theory called negligence. Negligence, in the context of medication errors, is called medical malpractice. In order to prove medical malpractice, the person suing will have to show the following:
- Duty — that the healthcare provider owed you a duty of care;
- Breach — that the healthcare provider breached their duty of care;
- Causation — that the breach of duty caused harm to the patient; and
- Damages — that the harm resulted in some form of injury to the patient.
An elder law attorney can help you gather evidence to prove all the above elements of a medical malpractice claim. Further, they can help you build the strongest claim possible.
What Damages Are Available?
When you sue for nursing home medication errors, some of the damages you might be entitled to get compensated for include the following:
- Hospital visit bills,
- Doctors bills,
- Medication costs,
- Costs of care,
- Costs of physical therapy,
- Pain and suffering, and
- Emotional distress.
An elder law attorney can explain the types of damages that might apply to your case in more detail.
How Can Senior Justice Law Firm Help?
At Senior Justice Law Firm, we have decades of experience suing long-term care facilities like nursing homes for medical negligence. Therefore, we have the experience needed to deal with complex matters like medication error cases. To schedule a free consultation or to report nursing home medication errors, you can reach out to our office by phone at 888-375-9998.
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