The reality is that these cases are very difficult to prove, and there are many essential facts missing from your question. For example, did a doctor prescribe the oxycontin that the caregiver gave to your mother? Was it part of the job of the caregiver to give your mother prescribed medications? Was the doctor who prescribed the medication provided with full history and information regarding reasons why oxycontin might pose a problem for your mother? There is much more information needed, and the fact that your mother had a history of serious mental illness will make it harder to prove that this particular drug caused her menta reaction. You would need a medical malpractice attorney to evaluate the records and determine if there is a viable case. Good luck.
Elder Law Office of Judith M. Flynn
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Rockland, MA 02370
Sorry to hear about your mother's ordeal. I would agree that these are difficult cases and I would rather see you spend your energy in making sure that this does not happen again. That said, you may have a case depending on many facts. Many facts will need to be discovered before the viability of the claim could be established. Rajiv Nagaich.
Seek a medical malpractice attorney who works with Nursing Homes. They are typically known by elder Law attorney who could also make referrals of this type if attorney in your area. Good Luck since this is a tough case even if many of the facts that are missing are in your favor. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Dan W. Armstrong, Attorney
Law Offices of Dan W. Armstrong, P.A.
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