We handle cases involving nursing home neglect and injuries caused by inadequate care. From abuse to preventable falls, we fight for the rights of residents.
Medication errors are typically preventable mistakes, but they can exacerbate a nursing home resident’s existing health conditions or lead to serious new injuries. If you or a loved one has been harmed, an experienced Beckley nursing home medication error lawyer can provide assistance. It’s important to understand your legal rights, and an attorney can pursue justice from the responsible parties.
For reliable legal advice and to discuss your recovery options, contact Wooton, Davis, Hussell & Johnson, PLLC. We can address any concerns you might have at an initial client consultation and provide the compassionate legal support you deserve.
If a healthcare provider makes an error while administering, dispensing, or prescribing medication to a nursing home resident, it can lead to serious or even potentially fatal injuries. Under West Virginia law, a medical professional can be liable for a medication error if they:
If you or a loved one was a victim of a medication error in Beckley that resulted in a harmful outcome, it’s important to explore your legal options.
Medication errors are especially upsetting because they’re often entirely avoidable. However, the U.S. Food & Drug Administration (FDA) notes that errors with patient medications occur at a rate of over 100,000 reports each year. Preventable incidents in the U.S. annually cost about 37.6 and 50 billion dollars.
In nursing homes, the National Institute of Health (NIH) reports that the most common medication error is failing to give a patient’s medication, at 32% of reported incidents. Locally, a neglect case proceeded against a nurse who failed to give thirteen residents their medications but still logged the medication as having been administered.
While an extreme example, there are many other instances of medication errors happening due to human error, inappropriate disbursement procedures, carelessness, lack of staff, and even non-licensed staff administering medications. Medication errors are serious and typically avoidable.
Reporting medication errors can avoid unnecessary pain and suffering in the future for nursing home residents. Also, if you work with an experienced attorney, they can determine the true scope of the financial recovery you could obtain for your injuries. In West Virginia, you can recover both economic damages (like medical bills, wage loss, etc.) and non-economic damages (like pain and suffering or emotional distress).
There is a standard that most health care professionals know, which is called the “five rights” of medication use – the right patient, the right drug, the right time, the right dose, and the right route. Although healthcare professionals consider this the standard for safe medication practice, staff who ignore these “rights” often still make mistakes.
Human error and carelessness often occur when nursing homes employ many unlicensed staff members, and these errors can lead to severe complications. The legal responsibility to administer drugs accurately remains with many different individuals and reliable procedures. If you bring a case against those responsible for a medication error that caused harm, it encourages other healthcare professionals to work responsibly with their patients.
If you need reliable legal assistance with this type of case, contact an experienced Beckley attorney. It can be hard to get financial recovery for your own case without one. However, an attorney can examine the relevant records, discuss what happened, and explore every opportunity for recovery in your case.
A: Yes, an attorney can provide invaluable help with a medication error claim. They can manage the legal procedural requirements of the case. They can also build a solid argument that’s prepared for settlement or court hearings. Your attorney can:
Contact a trusted attorney to discuss your specific case.
A: You have up to two years to file a claim for a medication error in West Virginia. There are some exceptions to this rule, which a knowledgeable attorney can discuss further. While two years might feel like plenty of time, it’s important to consult an attorney quickly while your memory is fresh and evidence is available. If you need help, an experienced attorney can make sure your claim is filed in a timely manner.
A: No, medication error cases are generally unlike regular personal injury claims. These cases are typically highly technical because they involve in-depth medical knowledge and complex legal claims.
An attorney can build a compelling medication error case based on their available legal resources. They also often consult a trusted healthcare professional to discuss what may have gone wrong with the underlying medical care. Consider speaking with an experienced attorney to discuss your specific case.
A: If you suspect a medication error, it’s important to prioritize your family member’s safety. Make sure they’re getting proper medical care, and focus on all immediate concerns. Then, report the medication error to the nursing home, and see if they document the specific details, like the day, time, involved medication, and any potential medication effects.
Consult an experienced West Virginia medication error lawyer to explore your legal options.
If you need help, the team at Wooton, Davis, Hussell & Johnson, PLLC, can take action to protect your legal rights following any suspected medication error experience. Our attorneys are dedicated legal advocates.
Our Beckley office is located on North Kanawha Street, just off Prince Street. We have plenty of on-site parking for our clients. Contact us to set up an initial consultation today.