When an Oversight Is Considered Negligence
Nursing homes have a legal obligation to disburse medication in a reasonable and safe manner. If a nursing home and/or its employees fail to meet their duty of care to residents, it could be held liable for negligence. In Rhode Island, most medication error personal injury lawsuits must demonstrate the following:
- The nursing home owned the resident a duty of care
- The nursing home breached its duty of care by acting negligently
- The nursing home’s negligence caused the medication error
- The medication error resulted in injuries and other damages
An experienced nursing home abuse attorney may be able to help you and your family collect the evidence needed to show that the nursing home caused or contributed to your loved one’s injuries.
Evidence Needed to Win a Nursing Home Medication Malpractice Claim
- Official registers of prescribed and approved medications
- Medication orders and prescriptions
- The nursing home’s individual patient charts
- The nursing home’s hiring practices and policies
- The nursing home’s medication disbursal and administration policies
If the nursing home negligently breached its duty of care by failing to take the reasonable measures necessary to ensure that patients receive safe and appropriate medications, they could be held liable for any resulting damages.
Potential Damages in an RI Medication Error Lawsuit
Rhode Island is one of several states that does not cap the damages available to medication error and medical malpractice victims. You and your family could receive compensation for damages, including:
- Past, present, and anticipated medical expenses
- Corrective surgery
- Assisted living expenses
- The income you lost from work to take care of or visit your loved one
- Loss of enjoyment
- Loss of companionship
- Wrongful death
- Funeral fees
- Burial costs
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