Yes, if we can prove "recklessness, oppression, fraud, or malice" under the California Elder Abuse Act. This allows families to recover not just medical costs and pain and suffering, but also the legal costs required to bring the negligent Oakland facility to justice.
Both the pharmacy and the nursing home can be held liable. Even if the pharmacy makes a mistake, the nursing home staff has a "last clear chance" responsibility to verify the drug and dosage against the doctor's orders before giving it to the resident.
While the police may investigate criminal "elder abuse," most medication errors are handled through civil litigation and regulatory complaints. You should report the error to the California Department of Public Health (CDPH) East Bay office and consult a civil...
Absolutely, as failing to administer life-sustaining medication is a form of physical neglect. If a resident in an Oakland facility suffers a stroke or heart attack because the staff forgot or neglected to provide their prescribed blood thinners or blood pressure...
The statute of limitations is typically two years from the date of the injury, but it can be shorter for medical malpractice claims. Because medication errors often require complex audits of facility records and pharmacy logs, it is vital to contact an Oakland...
Yes, this is a classic "Wrong Patient" error and is considered a significant breach of the standard of care. Such errors usually stem from a failure to follow identity verification protocols, such as checking wristbands or photographs, which are mandatory safety steps...
Look for sudden, unexplained changes in personality, extreme drowsiness, or a loss of appetite. If your loved one appears "over-medicated" or unusually compliant and the facility cannot provide a clear clinical diagnosis justifying the use of sedatives or...
Yes, if the facility's failure to provide "care and supervision" led to the error and subsequent harm. While assisted living staff (RCFEs) are not always nurses, they are still legally required to follow Title 22 regulations regarding the assistance and distribution...
The MAR is the Medication Administration Record, and you can obtain it by submitting a formal written request to the facility's Director of Nursing. Under California law, facilities must provide access to these records. The MAR is the most critical piece of evidence...
