Nursing home to hospital transfer did not communicate medications needed

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Nursing home to hospital transfer did not communicate medications needed

My brother fell down in the nursing home and as a precaution got sent to the hospital. My brother is epileptic. The hospital did not give him his anti seizure medications for his epilepsy for almost 3 days. Someone dropped the ball. He suffered grand mal seizures at the hospital and is currently in the ICU. Do you think we have a case?

Asked on November 22, 2016 under Malpractice Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.
Negligence on the part of the hospital is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence on the part of the nursing home is the failure to exercise due care (that degree of care that a reasonable nursing home would have exercised under the same or similar circumstances to prevent foreseeable harm).
If it cannot be determined whether the nursing home failed to provide the hospital with information that your brother required anti-seizure medication or whether the hospital was informed and failed to provide the medication, both are liable for negligence.
Prior to your brother filing a lawsuit against the nursing home and hospital, it may be possible to settle the case with their insurance carriers.
Your brother's claim filed with the insurance carriers for the nursing home and hospital should include his medical bills and medical reports.
When your brother completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his treatment where no further improvement is anticipated, obtain his medical bills and medical reports.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature of his medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the insurance carriers for the nursing home and hospital, NO lawsuit is filed.
If your brother is dissatisfied with settlement offers from the insurance carriers, he should reject the settlement offers and file a lawsuit for negligence against the nursing home and hospital.
If the case has settled with one but not both parties (nursing home and hospital), only name the party with whom the case has not settled as a defendant in the lawsuit for negligence.
If the case is NOT settled, your brother's lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or he will  lose his rights in the matter forever.


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