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If my brother's nursing home didn't give him the proper medication/dosage and he died, are they liable?

Question Details:My brother was put in the hospital for high blood pressure and high sugar; he was sick he went into a coma for 4 days. Later after he came out the coma we were told that he had a stroke, which is the reason he couldn't walk on his own. He was there for about 3 weeks, where he start his rehabilitation about 3 days before leaving. Then it was time for him to go to the nursing home for further rehabilitation where he died (10/08/09) after being there about 3-4 days. The second day he was there I found out that they didn't have the right of amount of dosage for one of his high blood pressure pills. So I asked them did they have all 3 of them and was told "No".

Asked 2 years ago under Medical Malpractice | 958 Views | More Legal Topics

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Jason E. Kipness | Kipness Law Firm Answered 2 years ago | None Contributor with 0 answers This Dallas, TX attorney is licensed in Texas

I agree with the first posting.  Get the medical records (not bills) and you need to meet wtih a medical malpractice/nursing home neglect lawyer licensed in Texas.

The medicial records will need to be reviewed to see if there is malpractice.

For free information on Texas nursing home and malpractice cases, please visit http://www.kiplawfirm.com or send confidential e-mail through our website.

Jason

J.M.A., Member in Good Standing of the Connecticut Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Medical malpractice occurs when a doctor deviates from the average standard of care utilized in his field of medicine which proximately causes damages to another person.  The negligent act or omission must be the proximate cause or bringing about of the damages.  If there is an intervening cause that breaks the chain of the doctor's negligent act, the doctor is not liable for the damages.  In this case, I suggest that you obtain the medical bills and bring them to a lawyer to have a doctor in the same field review.  the doctor will be able to tell you whether there is a basis for you to make a claim agaist the nursing home and its doctors.

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