Nursing Home Negligence in Missouri, Kansas, and Arkansas, can have many forms, including medical errors, medical malpractice, and / or medication errors, which can result in injuries and even death. Our lawyers serve Kansas City, MO, Benton County, and St. Louis. One of the most confusing and scary situations for residents and their loved ones involves what to do when a medication error occurs at the nursing home. Families and residents have questions about the long-term effects of medical negligence, how medical errors can be avoided in the future and whether medical errors rise due to negligence or medical malpractice under the law. At Bautista LeRoy, we meet with families and residents of nursing homes throughout Kansas City, and the surrounding states, to help identify if the medical error is a result of medication administration errors, negligent medical error, or medical malpractice.
How Can A Nurse Become Negligent with Medication Administration?
At Bautista LeRoy LLC, we think it's unfair that medical insurance companies have unlimited resources in fighting victims and deny legitimate claims hoping the victims will not be able to afford a lawyer. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at 816-307-4024 or chat with use by clicking on the chat box in the bottom right hand corner of your screen.
- Failing to properly mix or shake the medication prior to distribution
- Failing to provide adequate liquids for the medication
- Crushing, slicing or cutting medication for residents, when the instructions are clear that the medication should not be crushed.
- Having residents swallow medication that is designed to be sublingual or placed under the tongue to dissolve.
Patient Negligent Medical Errors, Healthcare Institutions, and Nursing Homes in Missouri, Kansas, and Arkansas
Many times the families of residents find that there was an error in the medications given to the residents. Unfortunately, most nursing homes in Missouri, Kansas, and Arkansas are understaffed. As a result, the staff is overworked and can make mistakes when administering medication. This is especially true in a polypharmacy environment where patients are receiving multiple medications to treat a single ailment. These mistakes rise to the level of nursing home negligence when they involve the following:
- Giving too much of the medication; the employees and staff sometimes read the dosage incorrectly and give double or even ten times the medication prescribed by the doctor.
- Giving the wrong medication; depending on how the resident came to the facility, the resident can have prescriptions from various doctors or pharmacists that prescribe different medication. It is the nursing home staff's responsibility to coordinate treatment with all health care providers to ensure the resident receives the proper type of medication.
- Giving expired medication; if a medication is expired it may not have the correct dosage and as such, it may be less effective in treating the medical conditions of the resident.
- Failing to monitor the resident for any side effects of the medication; since each resident is unique, the nursing home's staff must monitor each resident to ensure that the resident does not have an adverse reaction to any medication given.
Medical Malpractice Claims due to Medication Errors
Sometimes the acts of the medical provider or nursing home staff rise to a level beyond a simply negligent act. Rather the acts are considered medical malpractice under the law. These claims can either involve an intentional act by the health care provider's failure to provide the proper standard of care, or an error in preventing medication errors. Some acts of medical malpractice include:
- Ignoring a change in medication from a medical provider. Nursing home staff may fail to increase or decrease the dosage, depending on the order from the resident's doctor.
- Borrowing medication from one resident to another. If the nursing home is understaffed, sometimes medications are not ordered or delivered to the facility on time. This can result in employees giving residents medication from another resident to make up for the shortage.
- Stealing medication for personal use by nursing home staff or employees
Depending on the act or errors in treatment, negligent medication errors or acts of medical malpractice can all be basis for a lawsuit or claim against the nursing home for any personal injuries or medical deaths resulting from the medication error. Having an attorney to help evaluate whether a negligent act occurred, can do more than just help families of residents get compensation for the nursing home's bad acts. It can help change the policies and procedures of the nursing home to help ensure future medication errors do not occur. If a medication error has caused you or loved one serious injury, the attorneys at Bautista LeRoy, are here to help. Give us a call at 816-307-4024.
Summary
Medication errors are common types of negligence inside a nursing home facility. This can cause serious harm to the health of elder residents and can even cause death. It can be distressing for families to discover this failure. They have every right to take legal action against the facility. The attorneys of Bautista LeRoy LLC is ready to hold these negligent nursing homes and can guide victims on the legal journey.
The common problems of medication errors include:
- Wrong drug
- Wrong dose
- Expired medication
- Crushed restricted pills
- Missed side effects
- Ignored doctor's orders
- Shared prescriptions
Medical errors happen because of understaffing. Overworked employees in a nursing home could make mistakes when handling medications. In other situations, disregarding medication may be intentional. When it causes harm to residents, the nursing home facility itself may be held liable.
The legal team of Bautsita LeRoy LLC has years of expertise in handling cases related to medical errors inside a nursing home facility. Our attorneys can explain your options clearly and can help you achieve proper compensation for your loved on. In extreme cases, we can prepare for a trial. Should you want to discuss with our attorneys, reach out at www.bautistaleroy.com or 816-221-0382.
What Is An Example Of A Medical Error In A Nursing Home Facility?
Medication errors can happen in many different ways. For example:
- Wrong medication
- Incorrect dose
- Missed treatment
- Failing to monitor a resident
All of these can happen in a simple oversight, while other situations could be intentional. The legal consequences a facility and its staff could face can be heavy.
How Do I Know If My Loved One Is Experiencing A Medical Error?
Look for these changes when visiting them:
- Confusion that appears overnight
- Unexplained falls
- New bruising
- Rapid decline without a clear reason
Who Is Responsible For The Error?
There could be multiple negligent parties that could be held liable, depending on the situation. It could be the:
- Nurse
- Prescribing physician
- Pharmacist
- Facility itself
Can Families Take Legal Action?
Absolutely, especially if it caused severe harm to an elder resident. The victim and their family members can pursue legal action to seek accountability. This can also get compensated for expenses, the pain an elder has suffered and other damages related to the error.
What Should I Do First?
You must keep these things in mind and take action:
- Document everything
- Request medical records
- Ask direct questions
- Consult an attorney who handles nursing home cases
