Prescribed drugs suppose to help individuals manage their health conditions, but in some cases, they can lead to wrongful deaths, particularly in nursing homes. Nursing homes provide care to vulnerable populations, including elderly and disabled individuals who require around-the-clock medical attention. Unfortunately, nursing home residents are also at risk of being overmedicated or improperly prescribed medication. This can lead to wrongful death. In this blog, we will explore wrongful death claims resulting from prescribed drugs in nursing homes.
Understanding Wrongful Death From Prescribed Drugs
Wrongful death refers to the loss of life that occurs due to the negligence of another person or entity. In the case of nursing homes, wrongful death claims may arise when residents are overmedicated or improperly prescribed drugs, leading to their death.
Nursing Home Liability for Overmedication and Improper Medication
Nursing homes have a duty to provide appropriate care to their residents, including ensuring that residents receive necessary medical attention and medication. However, when nursing homes fail to provide appropriate care, residents can suffer severe harm, including wrongful death.
Overmedication occurs when staff gave a resident prescribed drugs in excess of what is necessary or safe. This can occur for several reasons, including inadequate staffing levels, poor medication management, or a lack of oversight by medical professionals. In some cases, overmedication can be intentional, such as using medication to control a resident’s behavior.
Improper medication occurs when staff gave a resident the wrong medication or dosage. This can result from a lack of communication between medical professionals, inadequate training of staff, or errors in medication administration.
Establishing Liability in a Wrongful Death Claim From Prescribed Drugs
To establish liability in a wrongful death claim resulting from overmedication or improper medication in a nursing home, plaintiffs must prove that the nursing home was negligent. As well as, that their negligence caused the resident’s death. This may involve demonstrating that the nursing home failed to provide appropriate medical care. Also, staff members were inadequately trained in medication administration.
Additionally, plaintiffs may need to prove that the nursing home knew about the unsafe conditions and didn’t take appropriate action. For example, if a resident had previously had adverse reactions to medication but was still taking it, this could be evidence of negligence on the nursing home’s part.
Damages in a Wrongful Death Claim
In a wrongful death claim resulting from overmedication or improper medication in a nursing home, damages may include funeral expenses, medical bills, and loss of income. Additionally, surviving family members may get compensation for their emotional suffering, loss of companionship, and other non-economic damages.
The number of damages awarded in a wrongful death claim can vary widely depending on the specific circumstances of the case. For example, if the nursing home’s negligence was particularly egregious, the damages may be higher. Similarly, if the resident who died was a primary breadwinner for the family, the damages may be greater.
Preventing Wrongful Death in Nursing Homes
Preventing wrongful death in nursing homes requires nursing homes to take responsibility for ensuring that their residents receive appropriate medical care. Including appropriate medication administration. This includes ensuring that staff members are adequately trained in medication management and that medication administration is closely monitored. Also, medical professionals are available to address any adverse reactions or complications.
Additionally, families can take steps to protect their loved ones from overmedication and improper medication in nursing homes. This includes staying informed about their loved one’s medical care. As well as, monitoring medication administration, and reporting any concerns to nursing home staff or medical professionals promptly.
Contact Attorney Today
Wrongful death resulting from prescribed drugs in nursing homes is a tragic and preventable outcome. Nursing homes have a legal obligation to provide appropriate medical care to their residents, and when they fail to do so, they may be liable for the resulting harm. Establishing liability in a wrongful death claim requires proof.
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