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Can I sue a nursing home for negligence for being late with serving my mom her medication pills on time?
Question: The nursing home my father is in hands out their pills to them because most of the residents aren’t really able to manage their own medications. My dad has a blood pressure pill he has to take at the same time every day, in order to prevent potential complications. They know this, but they are consistently late bringing him the pill. Well, he recently suffered a stroke and I’m convinced it is because he doesn't’ get his medication at the same time every day. Can I sue them for nursing home negligence for being late with is pill?
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Answers (1)
42 CFR 483.25 of the Federal Nursing Home Reform Act of 1987 states that it is the responsibility of nursing homes to ensure that patient’s are free of any significant medication errors. Since your father is required to take his medication at a certain time every day, if the nursing home was aware of this information, their failure to provide the pill may constitute a significant medication error. This violation of 42 CFR 483.25 may indicate that the nursing home was negligent in providing your father’s care. You should speak with an attorney who is experienced in elder care to discuss the specific situation and evaluate potential remedies available to your father.
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Posted by Christy Rakoczy on 21 Jan 2010