Having repeatedly taken on many nursing homes in New Mexico, we have a hometown advantage, and we are ready to put our experience, skills, and resources to work for you and your family.
Families count on nursing homes to care for their elderly loved ones. That includes depending on facility staff to administer the appropriate medications. Unfortunately, many nursing homes are chronically understaffed, and many others undertrain employees or fail to conduct adequate background checks on new hires. These realities stretch potentially underqualified workers thin to the point where critical mistakes happen.
If your loved one was harmed by any issue with medication administration, the Harvey & Foote Law Firm can help you exercise your rights and hold responsible parties accountable. Our seasoned Albuquerque nursing home medication error lawyers have handled thousands of cases and are prepared to try yours all the way.
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Types of Medication Errors Made in New Mexico Nursing Homes
For a medication to do its job, residents must receive the appropriate dosages at the appropriate times and frequencies. Some medications must also be administered in a specific manner in order to be effective. Consequently, most medication errors are related to dosage, timing, or administrative method.
Examples of common medication errors that frequently occur in nursing homes include:
- Administrating too high or too low a dosage
- Administrating medications too frequently or not often enough
- Administering medications at inappropriate times
- Administering the incorrect medication
- Slicing medications that cannot be crushed
- Failing to adequately mix or shake medications that require these actions
- Failing to ensure residents swallow medications
- Failing to ensure residents allow sublingual medications to dissolve
- Failing to provide accompanying sustenance for medications that must be taken with food
- Failing to provide sufficient liquids with medications that can trigger dehydration
Common Causes of Medication Errors in New Mexico Nursing Homes
Though there are cases where an abusive staff member may intentionally sabotage medication administration to harm a resident, most medication errors in nursing homes are accidental. They are frequently the result of facilities that fail to adequately screen, hire, train, and monitor staff.
Put another way, a nursing home staff member is more likely to make a mistake when they are overworked. Understaffing creates situations where staff members are forced to work long hours and care for an unrealistic number of residents. Exhaustion and burnout can steadily build, leading to scenarios where a staff member is not paying full attention to medication administration.
An unqualified staff member hired by a negligent nursing home is also more likely to make serious mistakes. A staff member who does not receive proper training may not be aware of how to safely administer certain types of medications, leading to avoidable errors.
Proving Fault in New Mexico Medication Error Cases
Nursing home staff members and medical professionals tend to be legally responsible for the consequences of negligent behavior. A nursing home can also be held liable for a staff member or medical professional’s medication error. If you are not sure whether you have a case, our Albuquerque nursing home medication error attorneys can review your situation and help you understand your legal options.
To prevail in a claim made against a nursing home for a medication error, you will need to prove:
- The nursing home owed a duty of care to your loved one. Nursing homes owe a legal responsibility to their residents by default.
- The nursing home breached this duty of care to your loved one. A nursing home may breach its duty to a resident if its administrators do not adequately staff the facility or train its employees.
- This breach resulted in a medication error. Overworking staff or failing to properly train them can lead to situations where an employee makes a mistake.
- The medication error resulted in harm. The medication error must have directly caused one or more serious injuries, or death. You do not have a case if your loved one suffered no serious injuries, even if a mistake was undeniably made.
How the Harvey & Foote Law Firm Can Help
If we believe you have a case, we will help you report the misconduct to the appropriate authorities and explore filing a lawsuit against the responsible parties. Our firm’s team is well-versed in how to build and strategically approach these cases, and our familiarity with how these matters are adjudicated in New Mexico gives us the knowledge and tools needed to protect the interests of your loved one in and out of the courtroom. In addition to holding the nursing home accountable for negligence, we will also seek to recover compensation for economic and non-economic losses.
Our Albuquerque nursing home medication error lawyers will work to secure compensation for:
- Past, current, and future medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
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