How soon after a suspected medication error should we contact an elder health care attorney?
As soon as possible. South Carolina’s statute of limitations for personal injury claims is generally three years. However, medication error cases benefit enormously from an early investigation. This is because electronic records can be overwritten, staff members can leave the organization, and the timeframe for connecting the error to the injury can narrow over time.
What if we signed an arbitration agreement when our loved one was admitted?
Such agreements are common in elder care facility admission documents, but they’re not always enforceable. South Carolina courts have examined the validity of these agreements on a case-by-case basis. An attorney can review your family’s specific agreement and advise you on how it affects your legal options.
Can a medication error claim be pursued if the resident has since recovered?
Yes. Recovery doesn’t negate the harm that occurred or the facility’s responsibility for it. A resident who experienced a serious adverse event, was hospitalized, or suffered lasting effects from a medication error may have a viable claim, even if they ultimately survived and stabilized.
What if the medication error was made by a pharmacy rather than by facility staff?
Depending on where the error originated, both the facility and the dispensing pharmacy may share responsibility. A facility that receives an incorrectly filled prescription and administers it without verification is independently at fault. One of our attorneys can investigate the full chain of custody, from prescription to administration, and identify every party whose negligence contributed […]
How can I request my loved one’s medication administration records in South Carolina?
According to South Carolina law, residents and their authorized representatives have the right to access medical records, including medication administration records. The appropriate first step is to submit a written request to the facility. If the facility delays or refuses to provide the records, an attorney can assist with the process and, if necessary, compel […]