As we age, more people rely on the support and care nurses and nursing home staff provide. Patient safety is of the utmost importance at these facilities, and nursing home residents deserve to receive quality healthcare and feel respected while living there.
Unfortunately, medication errors in nursing homes are more common than they should be. This can lead to adverse events for residents and devastating consequences. If you have a loved one getting ready to move into a nursing home or who has been there for some time, knowing about medication errors and what your legal rights are is essential.
The Statistics of Medication Errors in The USA
Medication errors can involve various things. Common errors involve someone giving the wrong dose, not giving the medication at the appropriate time, giving the wrong medication, or not giving the medication at all. Sometimes, it’s a combination of a few mistakes.
There are thousands of medication error incidents in these facilities, negatively impacting patient safety. Medical errors are the third leading cause of death nationwide [1]. Other startling statistics regarding national medication errors include :
- Up to 800,000 medication errors happen annually in long-term facilities [2]
- About 10% of nursing homes report medication theft, which can lead to missed doses [3]
- The most common medication theft is opioids, which are usually prescribed for pain. [3] Missed doses of pain medication can reduce quality of life.
- About half of medication errors are due to human administration errors [4]
- Nurses can spend up to one-third of their shifts administering medication. Many residents need help taking medication and are prescribed multiple pills. [4] This leaves the door open for significant medication errors.
More research is needed to determine the current rate of medication errors nationwide. It’s more than likely worse than most people realize.
Serious Consequences of Medication Errors
Giving the wrong dosage or having any other error when administering mediation will have consequences. In many cases, the errors are minor and won’t negatively impact the resident’s physical health, but severe medication errors can happen. Some of the consequences of nursing home medication errors are:
- Hospitalization or Worsening Condition: Medication errors can worsen the resident’s current health condition, and they might even have to go to the hospital for further treatment. This disrupts the resident’s life and adds strain to their overall well-being and health.
- Adverse Drug Reaction: In more minor cases, the resident won’t react to the medication error, but more often than not, they will. These reactions can range from minor side effects like mild discomfort, or it can lead to a life-threatening situation.
- Falls and Other Injuries: Some residents might react to medication errors that cause them to be drowsy, dizzy, or have blood pressure that is too low. This can lead to them falling or injuring themselves in other ways. In the elderly, even a short fall can have dire consequences.
- Emotional and Psychological Distress: When a resident has to deal with a medication error, the impacts go beyond the physical ones. They will feel stressed out, anxious, and potentially depressed. They will lose trust in those who are supposed to be responsible for their medical care, and their health status can worsen because of it.
- Death: In the most severe medication error cases, the resident can die. These fatal accidents can be caused by missing medication or nursing home residents being given the wrong medication.
Common Causes of Medication Errors
The vast majority of medication errors are by accident. They’re rarely done on purpose, and medication errors occur for a variety of reasons, such as:
- Inadequate Training and Supervision: Facilities must provide proper medication administration training to nurses and anyone legally allowed to administer medication. Without training or supervision, the rate of errors will rise.
- Understaffing and Overworked Nurses: When there’s not enough staff or staff that are too tired to think straight, errors can happen, and medications can be missed.
- Medication Administration Record (MAR) Errors: These records are used to track resident medication administration, and if they’re not updated correctly, maintained, or even provided, this can lead to huge medication errors.
- Poor Communication Between Providers: Effective communication between providers and healthcare staff is vital to patient safety and health. When they don’t communicate about medications, it can lead to a missed dose, overdose, or other errors.
- Improper Storage and Organization of Medication: Nursing homes that don’t provide proper storage or adequate organization for medications can lead to confusion and errors during medication administration.
- Lack of Proper Identification Procedures: Errors can happen when administering medication when the staff doesn’t properly identify the resident before giving the medication.
- Failure to Consider Drug Interactions: Some residents take more than one medication, and not considering the potential drug interactions can lead to adverse effects and a decline in patient care.
Nursing Home’s Responsibility for Medication Management
Every assisted living facility, skilled nursing facility, and memory care facility is responsible for caring for every resident. This includes proper healthcare and ensuring that residents receive the right medication and dosage when they’re supposed to.
Legal and Ethical Obligations
Nursing homes and the staff working there have legal and ethical obligations to the residents under their care:
- They have to ensure that residents receive the right medication, the right dose, at the right time, and through the right method.
- Staff need to monitor for any side effects of medications, even if they’ve given the correct dose and medication.
- Maintaining documentation about all medications, errors, side effects, etc.
- Continuously communicating with other health professionals on the resident’s team to prevent medication errors.
- Properly store and handle all medications so that errors are limited.
- Ensuring they have safety protocols in place like double-checking, medication reviews, and a system for reporting errors or concerns.
Signs of Medication Errors and Negligence
Some medication errors aren’t noticeable right away. If you or a loved one are living in a nursing home and are worried about a potential medication error, these are some signs you can look for that indicate an error happened:
- Frequent trips to the hospital for no clear explanation.
- Unexplained changes in health status or behavior.
- Inconsistent records and documentation.
- Missing medication or pill containers.
- Visible side effects with no clear explanation.
- No communication about medication changes.
Legal Rights and Recourse for Victims
When medication errors occur in a nursing home, residents and their families have rights, including filing a lawsuit and seeking compensation for damages.
Negligence Claims
One of the most popular avenues for residents or loved ones to take action for a medication error in a nursing home is through negligence claims. To ensure that a negligence claim is successful, you and the attorney you’re working with need to establish:
- Damages: The resident has suffered measurable damages or losses because of the medication error.
- Breach of Duty: The nursing home or care facility didn’t meet the standard of care it is expected to provide regarding medication administration and management.
- Duty of Care: Nursing homes have a responsibility and legal obligation to provide proper care, and if they don’t, it’s considered negligence.
- Causation: The breach of duty has to be directly connected to the medication error and harm that it caused.
Medical Malpractice
In other cases of medication errors, medical malpractice suits can be filed. This involves holding the specific healthcare providers responsible for the medication error. Whether it’s negligent administration, prescribing, or monitoring, it’s possible to hold those individuals accountable.
These claims tend to be complicated because of the involvement of multiple parties. That’s why working with a nursing home abuse attorney can be beneficial. Medical malpractice claims usually require you to:
- Demonstrate how the provider deviated from the standard of care they’re supposed to provide.
- Establishing the standard of care for the specific situation.
- Proving that the deviation of care if what caused direct harm to the resident.
Compensation for Damages
Whether you’re filing a negligence claim or going for a medical malpractice claim, working with an attorney like those at the Nursing Home Law Center can help you or your loved one receive compensation for the damages caused. The damages you’re entitled to and the final settlement will vary depending on your case. These damages include:
- Loss of enjoyment in life
- Pain and suffering
- Medical expenses
- Emotional distress
- Wrongful death
Why Choose Us For Your Medication Error Case
At the Nursing Home Law Center, we specialize in advocating for survivors of medication errors and other negligent practices within nursing homes across the country. Our team has everything you need when you’re looking for an attorney on your side.
Expertise in Nursing Home Medication Error Cases
Our legal team at the Nursing Home Law Center brings you a wealth of experience and knowledge about medication errors in nursing homes:
- Proven track record of successfully representing residents or their loved ones in medication error cases and obtaining substantial settlements.
- Access to medical and pharmaceutical experts who can provide testimony to support your claim.
- Knowledge of nursing home regulations and standards of care so we can help prove negligence and damages.
Compassionate and Client-Focused Representation
Outside our extensive knowledge and expertise in cases dealing with medication errors in nursing homes, we always put our clients first. We understand how these situations can negatively impact everyone involved:
- We understand the emotional toll that medication errors can take and have the empathy and sensitivity to provide comfort to residents and their loved ones.
- We’re dedicated to protecting the rights of the elderly and holding nursing homes accountable for providing a high standard of care.
- We’re prepared to fight for justice and compensation for our clients.
Taking Action After Medication Administration Errors
If you know or suspect that you or a loved one received a medication administration error, it’s vital you take action as soon as possible. Doing this will help protect resident’s rights and hold whoever is accountable for the error.
Seek Immediate Medical Attention for the Wrong Medication
The main priority after suspecting a medication error is to ensure the resident’s safety. If you suspect or know that a resident has been given the wrong medication or suffered another type of medication error:
- Request an evaluation by a physician.
- Inform the nursing home staff immediately.
- Call 911 or go to the hospital if symptoms worsen.
Fast attention to the resident after a suspected error can mean the difference between them only having mild distress or something more severe.
Report the Error to the Nursing Home and Authorities
Even though you’ve informed the nursing staff about the error immediately, you need to go through official channels, too. Reporting the incident is vital to building your claim, protecting your rights or that of your loved one, and preventing future residents from suffering the same way:
- File a formal complaint with the nursing home.
- Report the incident to your state’s nursing home ombudsman or licensing agency.
- Contact adult protective services if you suspect ongoing abuse or negligence.
Gather Evidence
To build a strong case and bring those accountable to justice, you’ll need to gather evidence of the medication error and negligence:
- Request copies of all the resident’s relevant medical records, including the patient’s medical history and medication logs.
- Keep a journal of all the resident’s symptoms, conversations with staff, and behaviors.
- Gather witnesses who can provide statements of the medication error or have any information.
- Document any visible signs of a medication error, like photos of rashes, bruises, etc.
Consult with an Experienced Attorney
Always consult with an attorney who has experience handling nursing home medication error cases. Nursing home abuse lawyers can provide guidance and insights like:
- Evaluating the strength of your case.
- Handling all communications with the nursing home and insurance companies.
- Advising you of what your legal rights and options are.
- Guiding you through the legal process.
Get in Touch With an Experienced Medication Error Lawyer Team
Nursing home medication errors are far too common, and if you or a loved one are a victim of these errors, you have legal rights. Holding a nursing home responsible for its lack of medication safety is the best way of preventing medication errors in the future.
We’ll help build your case and then fight for your rights and compensation for damages. For your free consultation, give the Nursing Home Law Center a call today at (888)-926-7565.
References: [1] National Institute of Health, [2] Catilin Morgan, [3] Lab Diagnositcs [4] United RX
