There is risk in overmedication or polypharmacy, especially for people over 60. The Johns Hopkins Medicine website states that for elders taking multiple daily medications for various chronic conditions, some drugs can reduce the effectiveness of others or increase their side effects.
If you or a loved one had experienced the dangers of overmedication in the hospital or care home, you would understand the loss of life and health it could cause.
According to overmedication lawyer Scott W. Roberts, there are some medications that are prohibited by the federal law in nursing homes due to the dangers they pose for the health of their residents. Such cases go by the legal claims of medical malpractice, negligence, and wrongful death.
But how can a person pursue legal claims related to overmedication? You should understand your options. Let’s discuss the steps you can follow toward achieving justice.
Understanding Overmedication: Risks and Consequences
Most patients assume that a doctor possesses information regarding what is best for them when they are prescribed medications. Too much medication spells trouble for one’s health. Side effects such as tiredness and confusion could interfere with daily functioning.
A depo shot lawsuit exists for cases where the prolonged usage of the injectable Depo-Provera (birth control) results in the development of brain tumors. This scenario just proves that more medicine does not mean better treatment. Instead, these medications could complicate a person’s health or even lead to dependency.
Talking openly with your healthcare provider regarding medications can prevent harm from happening to you. Advocating for yourself gives you a strong sense of belonging within your healthcare journey. When you know your rights, you empower yourself to step forward and do the right thing in making decisions within yourself.
Types of Legal Claims Related to Overmedication
Aside from health problems, overmedication also carries legal ramifications. If you have been overmedicated, you will want to file a medical malpractice case citing that the health providers did not comply with the accepted standards for patient care and treatment. A negligence claim presents another option, demonstrating how inadequate supervision resulted in incorrect medication practices.
A wrongful death claim could also be pursued if the overmedication of a loved one has resulted in an untimely death. Moreover, product liability cases could arise when the drug causes unexpected side effects.
A claim carries on with jurisdiction-related deadlines and procedural variations with respect to the processes, but just knowing what you can do is the very first step in seeking justice and making at least one or both parties accountable for what happened to you or a family member.
Gathering Evidence to Support Your Claim
The stronger overmedication claim you want to make, the more irrefutable evidence will be required. You should first collect medical records reflecting what preparations had been prescribed and administered.
Mark down or highlight all changes in your condition after taking these medications. Have fellow residents and their families testify of their similar experiences to bolster your case. Keep a record of your conversations with the staff about your concerns.
Should you find any, the opinions of experts or reviews of your medical treatment will substantiate any claims of negligence. Maintain a detailed journal of your experiences. Record the dates, times, and symptoms accurately. Presenting strong evidence will convey the seriousness of your claim while introducing the claimant to the pursuit of justice.
The Role of Medical Experts in Legal Cases
Seeking assistance from medical experts could significantly strengthen your case as you go over and deal with your overmedication claim. The experts may provide unwarranted insights that illuminate how overmedication occurred and its effects on patients. Having their input will bring credibility and elucidate complicated matters in your case.
The manner in which expert testimony is presented will chiefly sway the court’s view of your claim. The experts in question could firmly establish a connection between excessive use of drugs and the resulting injuries, bolstering your case. Their testimonies allow the jurors to understand what the acceptable medical standards and physician practices are. Jurors will be able to find out what went wrong through the statements of these industry experts. Hiring medical consultants is one of the important processes in getting justice for your loved one.
Steps Families Can Take to Pursue Justice
After expert testimony is taken, families can pursue specific steps in seeking justice for their loved ones who suffered from overmedication.
Medical records, medications, and communications with healthcare providers might be put forth as evidence for your case. Get an attorney in the field of malpractice or personal injury. The procedure will be overseen during its course by a veteran legal advocate who will inform you about your rights. Join support groups to tell your story and hear from others who are in the same circumstances.
Take your time and expect the legal process to be slow. Your commitment to your case will be worth it once you receive justice and fair compensation.