Many nursing facilities assume control over patient medications as a way of ensuring that they take them appropriately. However, there are many situations where patients receive the wrong medication, are given too much medication, are not given enough medication, or are not given medication at all. All of these potential situations can hurt nursing home patients.
Suppose your loved one experienced a medication error while in the care of a nursing facility. You may be able to take legal action on their behalf and secure financial compensation to help with their recovery expenses. A Miami medication errors lawyer can help you understand what your legal options are. Contact Pintas & Mullins Law Firm at (800) 842-6336 for a free consultation about your case.
Investigating Medication Errors as Nursing Home Abuse
Medication errors happen when someone receives the wrong medication to treat a specific condition. While you may think that this does not happen often, it, unfortunately, happens quite frequently. According to the National Center for Biotechnology Information (NCBI), there are at least 7,000 deaths per year because of medication errors.
In nursing care facilities, medications are strictly regulated and usually controlled by the facility rather than patients. The facility keeps track of who is taking what medications when to ensure that everyone gets their medication. However, it also opens up the possibility of patients getting the wrong medication. This can also happen outside of nursing facilities.
In nursing homes, this can also be a form of neglect. Nursing facilities are regularly understaffed, which makes errors more likely. This can create problems for patients since they do not have control of their own medications. Since the facility assumed responsibility for those medications, any errors they make could be seen as abuse. In some cases, facilities overmedicate patients as a way of keeping them subdued, making them easier to control. Anytime there is an error with medications, it is important to look into the motivations and circumstances of what happened. It is generally an accident but could be intentional and needs to be stopped either way.
Statute of Limitations
In every case, there is a concern about how much time you have to file your lawsuit. This is called the statute of limitations, which is designed to get victims to file lawsuits in a timely manner after something happens. In this case, the legal system wants you to file your case within a specific amount of time after any abuse happens. From a legal standpoint, this benefits everyone involved since the evidence is still readily available, and the witnesses are still easy to track down.
According to Florida Statutes §400.0236, you have two years after the abuse happened to file a lawsuit. Two years is not a lot of time to research, build, and file a lawsuit, especially if you spend the early years of that time trying to get your loved one the help that they need. Lawyers are usually not involved until a significant portion of the time limit has already expired. Do not miss your opportunity to collect compensation from your loved one’s abuser or care facility by waiting too long to start the legal process. Consider working with a Miami medication errors lawyer to get your lawsuit filed on time.
For a free legal consultation with a Medication Errors Lawyer serving Miami, call (800) 842-6336
Medical Expenses
Like other forms of nursing home abuse, medication errors can result in many medical expenses. These expenses can include:
- Hospital stays: Your loved one may need intensive care in the hospital for an extended period of time.
- Specialist care: He or she may also need care from a specialist depending on the type of medication error and any other conditions that they have.
- Pharmacy services: Experiencing a medication error may cause a patient to need to change medications. Some medications cannot be stopped, or else the body will build an immunity to it, and a new medication will be necessary.
- Changing facilities: Many patients change facilities because they no longer trust the care given where they are.
Experiencing medication errors makes it difficult for patients to stay in their current facilities. However, on top of all of the other expenses, changing facilities can be difficult. You do not have to deal with the cost of getting your loved ones the care that they need alone. The abuser and the facility that he or she worked in should be held liable for your expenses. Filing a lawsuit can help you fix these financial issues and prevent them from continuing to impact your personal finances in the future.
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Possible Compensation
In a medication error lawsuit, you can recover compensation for any expenses related to your loved one’s recovery and care. This means that you can file claims for medical expenses such as hospital care. You can also file claims for other types of expenses related to getting your loved one better care. For example, the cost of changing facilities can be expensive, but you can claim these costs in lawsuits.
The key to filing claims is having evidence that proves the issue is related to a medication error. This should be relatively easy since your lawyer can use medical records and other forms of documentation to make the connection. Document as many expenses as you can to make it easier for your lawyer to determine which expenses your lawsuit should claim. This will also help you get a better idea of how much compensation you should ask for overall to handle all your expenses.
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Seeking Legal Action
If your loved one experienced a medication error and needed extensive care because of it, you may be able to take legal action on their behalf. Filing a civil lawsuit can help you recover financial compensation to help deal with all of your expenses. You should not be held responsible for those recovery expenses. The pharmacy or facility should be held liable since it made the error. You can file a lawsuit with claims for specific expenses related to your loved one’s recovery.
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Contact Us Today
Unfortunately, medication errors still happen fairly often. Suppose your loved one experienced a medication error while in a nursing facility. The facility may be held liable for any expenses related to your loved one’s recovery. To collect financial compensation to help with your expenses, you can file a lawsuit against those responsible. If you are unsure about your legal options, you can always seek the legal advice of a Miami medication errors lawyer. Call Pintas & Mullins Law Firm at (800) 842-6336 to discuss your case with our legal team.
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