Visitor Question

Facility’s negligence of medication…

Submitted By: Ellen (Conroe, Texas)

My mother was not provided medication as prescribed for 10 days (this amounts to 4 dosages being missed) at the facility she was in. They also ran out of one of the 3 nebulizer treatment meds she needed, causing her to miss that treatment for 4 days as well. Her primary diagnosis entering the facility was COPD. Within 3 months of entering the facility she passed away.

Department of Aging and Disability Services (DADS) was called and an investigation resulted. The facility was cited for failure to provide medication and lack of trained staff in managing her oxygen care. Do we have grounds for a lawsuit against the facility? How would we proceed? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ellen,

There certainly may be a link between the facility’s negligence in failing to properly dispense your mother’s medication and her untimely death. However, proving that negligence will be a challenge.

To have any chance of succeeding in a negligence lawsuit against the facility, you will have to prove the facility’s failure to dispense the proper medication was the direct and proximate cause of the death of your mother.

If you want to pursue a personal injury claim against the facility, start by gathering copies of your mother’s medical records and bills.

Next, contact the Department of Aging and Disability Services and ask for information they have regarding the facility. Since DADS is a government agency, you may have a right to access the records under the freedom of information act.

Under Section Sec. 552.001 of the Texas Government Code, you have a right to petition the The Department of Aging and Disability Services for copies of records regarding the investigation into the facility in which your mother was treated.

With copies of your mother’s medical records from the facility, and copies of records from the Department of Aging and Disability Services, seek the advice and counsel of several personal injury attorneys in your area. Most will not charge for an initial office consultation.

The attorneys you consult with will be able to give you their opinion of the viability of your claim against the facility. You will not be able to handle a wrongful death case like this on your own.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 14, 2015

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