City of Saint Peters, MO asked in Criminal Law, Personal Injury and Elder Law for Wisconsin

Q: Can I be held criminally responsible for the fact my mom's prescription expired and wasn't refilled?

My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.

Her blood sugar levels have rapidly increased into the danger zone. Although I did not at that time have med POA, I was doing my best to keep tabs on her upcoming appts and therapies through her MyChart app. I did not notice this RX had lapsed. Because she was in a temp facility, they also were not aware.

I've been told this situation is my fault. I should have been keeping better watch on her expansive list of meds to make sure refills were happening when needed. I'm currently try to get this refilled

Medical POA has since been activated. My brother has that job. Am I responsible for any harm that occurs because of this oversight?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent oversight made in being overwhelmed with the duties of caring for an elderly parent. Keep the nursing home staff apprised of all you mother's medical and prescription needs. I hope your mother is okay. Good luck

1 user found this answer helpful

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