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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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My Father is in a care home for long term. Spouse passed last

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My Father is in a care home for long term. Spouse passed last year. I am my father's Power of Attorney. Yesterday the care home supervisor called me and told me that my father had been given a wrong medication. Tried to make it sound like it was my father's fault that this incident happened. What legal recourse cand I take?
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • Did your father suffer any harm? If so, what?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 3 years ago.
Wrong med was taken around 8:00 .am. . Slurred speach, lack of concentration, sleepy, non-caring attitude, slower to walk than usual, clumbzyness, lack of communication still at 9:08 p.m. lastnite.
Expert:  Joseph replied 3 years ago.
This all happened last night? How is he now?
Customer: replied 3 years ago.
Have not spoke with him yet this morning. He is 86 years old. None of the caregivers are certified to give meds which include narcotics. They are deligated by a RN. It happened around 8:00 am yesterday morning. The supervisor is trying to make it sound like it's my fathers fault, she says he grabbed the med box from the caregiver and took the pill before she could stop him. my father always asks what meds are being given to him before he takes them. I do not believe her. she appears to be trying to save her own ...! I am so tired...responsibilities weigh heavy on me. I went to court for guardianship and conservatorship, and was refused at that time. I am at a legal standstill for making sure my father is properly taken care of. I need help.
Expert:  Joseph replied 3 years ago.

First and foremost, my thoughts go out to your father, I certainly hope that he suffers no real harm from this situation.

 

Having said that, for their to be any real legal recourse here, your father would need to suffer some harm. If this terrible mistake on the part of the staff has no real negative effect, then the law would consider your father to be "whole" and to have no viable cause of action.

 

If your father does suffer some harm, such as the "Slurred speach, lack of concentration, sleepy, non-caring attitude, slower to walk than usual, clumbzyness, lack of communication", then there may be legal recourse at that time. In that event, you would want to speak to an attorney that focuses on medical malpractice and personal injury cases. As his caregiver and power of attorney, you would have the legal ability to speak with an attorney and initiate the cause of action.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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