Having one’s medical needs taken care of on a regular basis can be difficult for an elder when they are living with their family. The need for proper medical attention is generally why most elders decide to move into a nursing home.
Seniors who have special medical needs or who have more medical requirements then their family members can take care of on their own generally opt to move into a nursing home because of the higher guarantee that their health will be in better hands.
It is the legal responsibility of the nursing home to take care of the medical needs of their residents. If a nursing home fails to provide the appropriate care to the resident or if they administer the wrong medication to them, this comes under medical malpractice and they can be held liable for their actions.
What comes under medical malpractice in a nursing home?
The main cause of medical malpractice is generally negligence by the doctor or nurses. Medical malpractice in a nursing home can constitute any of the following:
- Giving the wrong diagnosis
- Missing medication timings
- Giving the wrong dosage
- Taking too long to treat something urgent
- Not taking allergies into consideration
- Administering the medication the wrong way
- Mislabeling medication
Anyone who has faced any of the above should call a nursing home abuse lawyer in Morris County, NJ in order to get compensated for their suffering. When a person registers into a nursing home it is the responsibility of the medical staff to ensure that the residents under their care have been given their medication on time and that their health is as good as it possibly can be. If they fail to fulfill their duty, a resident should call a legal professional to see if they qualify for litigation.
Can I sue the nursing home for medical malpractice?
If a person does not get proper medical treatment and their nurse forgets to give them their medication on time then they often have to face a lot of physical pain or relapse of their illness. Since so much suffering can come out of medical malpractice, victims of malpractice actually have significant chances of being compensated for the way they were treated.
If a person’s lawyer is able to prove that the doctor, the nurse or the pharmacy failed to do their job properly and that they were guilty of negligence then a person will most likely be able to earn compensation. The amount they earn depends highly on how severe the malpractice was and how severely a person suffered due to the malpractice.
Naturally, the more a person suffers the more they can get for compensatory damages. The money they get generally covers the medical bills which will be accumulated in order to fix the damage caused by the medical malpractice. If the malpractice was very severe and out of the ordinary then a person may be able to earn more compensation based on punitive damages.