Many people living in nursing homes require medication to treat acute or chronic conditions. There are often numerous steps and parties involved in the process of prescribing and administering drugs, and unfortunately, nursing home staff sometimes provide residents with the wrong dosage or medication. Medication errors can cause serious complications, and people that suffer injuries, due to careless mistakes, can often recover damages. If you or a family member sustained losses due to a nursing home’s medication error, it is in your best interest to consult a lawyer as soon as possible. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is an experienced Rockland County nursing home negligence lawyer who takes pride in helping people harmed by the recklessness of others in the pursuit of justice, and if you engage her services, she will zealously seek any damages you may be owed. Ms. Crown regularly represents people in cases against nursing homes in Rockland County and in Westchester, Orange, Dutchess, and Ulster Counties, as well as the greater metropolitan area.
Causes of Medication ErrorsNursing homes typically employ doctors to evaluate and maintain their residents’ health including prescribing any necessary medications. Similarly, they generally hire nurses and medical assistants to assist with the administration of drugs. While medical professionals, working in nursing homes, are expected to provide diligent care, there are common oversights that can lead to medication errors. For example, a doctor may fail to obtain or review a resident’s health history before prescribing a medication, which can lead to dangerous interactions with another drug or other complications. In some instances, delays in prescribing or administering medication can also cause issues. Additionally, if a nurse or medical assistant administers a resident an incorrect dosage or drug, the underlying condition may go untreated, or the resident may suffer unintended side effects.
Elements of Claims Arising Out of Medication ErrorsNursing homes and their employees are bound by state and federal regulations requiring, among other things, that they protect the health of their residents, which includes ensuring they are free from medication errors. If a nursing home fails to abide by this obligation, it may be held liable for any harm that ensues. Generally, in cases arising out of medication errors in nursing homes, the plaintiff will assert claims of negligence, medical malpractice, and Public Health Law violations against the defendant nursing home and its doctors.
In New York, to establish these claims against a nursing home, a plaintiff must demonstrate the defendant failed to follow the standard of care imposed on nursing homes. The plaintiff will need to hire an expert to provide testimony regarding the standard of care and the way in which the defendant failed to follow it. Finally, the plaintiff must demonstrate causation and damages. In other words, they must show that the defendant’s failure to follow the standard of care was a substantial factor in causing the nursing home resident to suffer actual harm, which requires expert testimony as well. A plaintiff, who successfully demonstrates a defendant’s liability, may be awarded compensation for the losses they sustained, including pain and suffering, mental anguish, and financial harm.
Speak to a Seasoned New York AttorneyMany nursing home residents treat health issues with medication, but when they receive an improper drug or dosage, it can cause grave harm. If you or a loved one suffered damages due to a medication error in a nursing home, it is critical to speak to an attorney as soon as possible. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a seasoned Rockland County lawyer with ample experience pursuing negligence claims against nursing homes, and if you hire her, she will work tirelessly to help you recover any compensation you may be owed. Ms. Crown’s office is located in New York, and she regularly represents parties in lawsuits in Rockland County and in Westchester, Orange, Dutchess, and Ulster Counties, as well as the greater metropolitan area. You can reach Ms. Crown, through the online form or by calling 845-708-5900 (office number) or 845-598-8253 (Valerie’s direct cellphone 24/7), to set up a conference.