Charleston Nursing Home Medication Error Lawyer

Charleston Nursing Home Medication Error Attorney

Across West Virginia, the number of errors in medication management for local nursing homes is increasing, which could potentially lead to life-threatening harm. If you or a loved one suffered a medication error, an experienced Charleston nursing home medication error lawyer can investigate what happened and discuss a claim for financial recovery. Wooton, Davis, Hussell & Johnson, PLLC, can answer your important questions and maximize your recovery.

What Is a Medication Error Case?

An error made while dispensing, prescribing, or administering medication to a nursing home resident can result in severe or even deadly injuries. Under West Virginia law, a medication error can happen if a medical professional:

• Prescribes the incorrect medication or wrong dose of a medicine
• Fails to account for potential drug interactions
• Fails to administer a resident’s medication properly, like skipping a dose or giving a double dose
• Does not provide instructions
• Fails to consider allergies
• Fails to reconcile the patient’s medications when they’re admitted/discharged

Medication errors can cause severe harm or death in patients living in Charleston nursing homes.

Medication Errors Are Avoidable

Unfortunately, medication errors are considered the most frequent and most preventable type of nursing home patient harm. The U.S. Food & Drug Administration (FDA) noted over 100,000 reports of alleged medication errors in one year. In the United States, preventable patient adverse events cost between 37.6 and 50 billion dollars.

Medication errors can result in allergic reactions, brain damage, organ failure, or even death. As an extreme example of medication error, a former nursing assistant from the Lewis A. Johnson VA Medical Center facility in Clarksburg, West Virginia, pled guilty in 2020 to one count of assault with the intent to commit murder and seven counts of second-degree murder. These charges were pressed for her part in erroneously providing insulin to patients.

Specific to nursing homes, the National Institute of Health (NIH) reports that the most common medication errors include:

• Failing to give a patient their medication, or medication omission (203, 32%)
• Patient overdose (91, 14%)
• Patient underdose (43, 7%)
• Providing medication to the wrong patient (38, 6%)
• Giving a patient the incorrect medicine (38, 6%)
• Giving the wrong strength of medication (38, 6%)

When patients were administered an incorrect medication, the error was mostly commonly attributed to preventable, basic human error. The most common erroneously administered drugs included oxycodone, warfarin, lorazepam, furosemide, insulin, fentanyl, and hydrocodone.

Medication errors occur because of:

• Human errors
• Deficiencies in employee working conditions
• Insufficient medication management
• Delegation to unlicensed staff to administer medications
• Abandoning accepted routines
• Carelessness
• Lack of understanding about medication administration
• Lack of knowledge about drug handling
• Lack of staff
• Lack of sufficient time to ensure patient safety

With many nursing homes employing non-licensed staff, medication errors are serious and alarmingly frequent, and they can also pose severe risks. If you or a loved one experienced a medication error that led to an injury, you might be entitled to recovery for your medical expenses, wage loss, and pain and suffering.

Also, reporting medication errors helps avoid future errors and unnecessary, preventable suffering for nursing home residents. If you suspect that a Charleston nursing home made a medication error and you were harmed by it, an attorney can get you the justice and financial compensation to which you may be entitled.

How an Attorney Can Help

It can be difficult to recover compensation for your injuries if you try to handle your claim alone. It’s often challenging to prove that your injuries were the result of negligence. However, an attorney can review what happened, examine your medical records, and discuss your legal options. They can build a strong case that’s ready for either settlement discussions or formal court proceedings.

A medication error is an unfortunate occurrence that needs a strong legal strategy. While an attorney can’t reverse the error, they can secure the compensation you deserve, which can alleviate its consequences.

Nursing Home Cases We Handle

Nursing home abuse

Nursing home bedsores

Nursing home falls

Nursing home elopement

FAQs

Q: How Do I Know If I Have a Medication Error Case?

A: If you or a loved one was injured because of someone else’s actions, you might consider bringing a claim for compensation. In West Virginia, intentional harm isn’t required, as most medication errors are based on careless behavior or negligence that resulted in harm. An attorney can discuss your likelihood of success in a claim at an initial consultation.

Q: How Long Do I Have to File a Claim?

A: In West Virginia, you have two years to file a claim, although there are some exceptions to this rule. Two years might seem like a substantial amount of time, but it’s important to consider filing a claim quickly while memories are fresh and evidence can be collected. If you need help, consult an attorney who can meet the deadlines for your claim.

Q: What Parties Are Usually Responsible for Medication Error Cases?

A: Depending on your case’s circumstances, different parties can face responsibility under the law when a medication error occurs. A medication error case can involve:

• A medical professional
• Pharmacists
• Pharmacy staff
• Hospitals
• Nursing homes
• Drug manufacturers
• Third parties

An experienced attorney can make sure all potentially liable parties are appropriately added to a case. They can also explore all avenues for compensation.

Q: Who Regulates Charleston, West Virginia, Nursing Homes?

A: The Office of Health Facility Licensure and Certification (OHFLAC) and the West Virginia Department of Health and Human Resources (DHHR) are responsible for regulating and overseeing nursing homes in Charleston. These agencies oversee licensing, inspections, and compliance with federal and state laws. If there’s been an issue with a nursing home, a resident or their family can file a complaint with either agency to begin an investigation.

Contact Wooton, Davis, Hussell & Johnson, PLLC

Residents of nursing homes should trust that medications will be provided safely at a Charleston nursing home. The experienced lawyers at Wooton, Davis, Hussell & Johnson, PLLC, understand how to take action and protect your rights following a medication error incident.

When nursing homes don’t fulfill their legal responsibilities to keep residents safe, it’s critical to consult an experienced lawyer. An attorney can negotiate settlements on your behalf and, if necessary, represent you in court to get the justice you and your family deserve.

With offices in Beckley, Charleston, and Lewisburg, we routinely represent clients stateside. Contact us to schedule an initial consultation with a compassionate attorney.