Most nursing home residents rely on one or more medications to sustain their health or quality of life. When administered correctly to the right resident, the medications are generally safe and serve a valid purpose. However, when they are not administered as they should be, are given to the wrong resident, or are withheld against a doctor’s order, elderly residents may suffer greatly.
Medication safety is the responsibility of doctors, pharmacists, nurses, and other ancillary staff in nursing homes. Each one of them owes a duty of care to each nursing home resident, especially regarding the medications they receive or do not receive.
If your loved one has been subject to a medication error in a care facility, a knowledgeable and tenacious lawyer familiar with medication mistakes in Michigan nursing homes could help. By working tirelessly to establish fault and calculate loss, a compassionate attorney at Buckfire & Buckfire, P.C. could be a valuable ally through each step of the claims process.
Standards of Care for Giving Medication
Among other duties, nursing home staff must give their residents medications as prescribed by their physician. Therefore, a medication mistake arises when a drug is withheld or not given according a set of standards. Essentially, each medicine must be given in accordance with the right:
To ensure these safe practices, nursing facilities should have several systems in place—such as pictures of the residents on their charts and the requirement that certain medications be checked by two staff members—to help avoid dangerous mistakes. If a resident refuses, or is unable to take a medication, it should be documented in the medication administration record (MAR) accordingly. This way, it is clear to see why the resident did not receive their medication or received it late.
When a medication error occurs, a resident might face severe medical consequences. As a result, an attorney familiar with filing claims for medication mistakes in Michigan nursing homes could work to determine if or how staff might be liable.
Time Limits for Filing a Claim
It is important for the families of nursing home residents to understand the state’s statute of limitations for filing a claim. As per Michigan Compiled Laws § 600.5805, there is a two-year time limit set on any claim arising from medication mistakes in Michigan nursing homes.
While exceptions might exist to this timeline, adhering to this deadline is advisable. To this end, a tenacious attorney could work with an elderly resident and their family to pursue a timely claim that satisfies the statute of limitations.
Legal Counsel for Medication Mistakes in Michigan Nursing Facilties
If your loved one suffered adverse side effects or a decreased medical condition due to a staff member’s neglectful practices, seeking legal counsel might be beneficial. A lawyer who is well-versed in claims arising from medication mistakes in Michigan nursing homes could help to explain your rights, assess your legal options, and guide you through each step.
However, because of the important deadlines for filing a claim, it is important to act quickly. To begin taking legal action, reach out to a legal professional at Buckfire & Buckfire, P.C. today
- 29000 Inkster Road
Southfield, MI 48034
- Phone: (248) 595-7544
- 19 Clifford St.
Suite 805 Merchants Row
Detroit, MI 48226
- Phone: (313) 992-8281
- 1001 Woodward Ave.
Detroit, MI 48226
- Phone: (313) 777-8482
- 343 S. Main Street
Ann Arbor, MI 48104
- Phone: (734) 888-3003
- 51424 Van Dyke Ave
Shelby Township, MI 48316
- Phone: (586) 250-2626