Nursing Home Medication Errors Lawyer

Recover Compensation for Nursing Home Residents Harmed by Medication Mistakes 

If your loved one was harmed due to a medication error, the Nursing Home Law Center is here to help. Our legal team has extensive experience handling medication error cases and holding facilities accountable for their negligence.

We have secured significant settlements for victims of nursing home neglect, including:

• $3,000,000 for the family of a man who suffered fatal pressure sores.
• $2,150,000 for the wrongful death of a resident who developed sepsis due to untreated bed sores.
• $1,700,000 for a resident who suffered a serious injury from a preventable fall.
• $1,500,000 for the family of a dementia patient who ingested toxic chemicals.
• $1,250,000 for a fatal choking incident that resulted from miscommunication among staff members.
• $735,000 for a resident who sustained multiple fractures after a fall caused by neglect, compounded by improper administering of medication.

If your loved one suffered harm due to errors in nursing homes, contact us today for a free consultation to explore your legal options.

Understanding Nursing Home Medication Errors

A medication error happens when a resident in a nursing home receives the wrong dosage or medication or experiences a mistake in administering medication. These errors can happen due to miscommunication, inadequate training, or failure to review a patient’s medical history and potential drug interactions when taking multiple medications.

Such errors can lead to serious harm, including adverse reactions, worsened health issues, and even fatal outcomes. If a facility’s negligence resulted in harm to a resident, families may have grounds for a medical malpractice claim. 

Nursing Home’s Responsibility for Medication Management

Under 42 CFR §483.45, long-term care medication administration guidelines require facilities to provide safe and accurate medication management, including proper storage, monitoring for potential drug interactions, and documentation of all prescription drugs administered.

The Nursing Home Reform Act (1987) establishes the resident’s right to correct medications and safe treatment and requires facilities to prevent common medication errors through adequate training and oversight.

The Med pass system was developed as part of the guidelines for administering medication to standardize and improve medication management in nursing home facilities. Its key aspects involve:

• Verifying the Resident’s Medication against their medical records to ensure accuracy. This includes reviewing potential drug interactions, allergies, and the nursing home resident’s medical history.
• Following the Five Rights of Medication Administration: right patient, right medication, right dose, right route, and right time.
• Proper Documentation of every administered dose in the medical records and noting any missed doses, refusals, or reactions.
• Avoiding Disruptions by completing in a controlled setting to minimize distractions that could lead to medication errors.
• Monitoring for Adverse Effects that may cause serious consequences for residents.

Common Medication Errors in Nursing Home Facilities 

Dispensing and Prescription Errors

Administering the wrong medication due to misdiagnosis or confusion.

Dispensing the wrong dosage, such as giving too much medication or missing a dose.

Failing to consider potential medication interactions, leading to adverse reactions.

Providing expired medications or the wrong form of a prescribed medication.

Administration Errors

Administering medication at the wrong time or in the wrong way (e.g., giving a sublingual drug orally).

Mixing up an elderly resident’s medication, causing dangerous medication interactions.

Failing to monitor for adverse reactions or ensuring the resident actually takes the medication.

Missed doses, leading to ineffective treatment or worsening conditions.

Knowledge and Rule-Based Errors

Lack of training of nursing home staff leading to incorrect medication administration.

Ignoring medication administration guidelines or failing to follow proper protocols.

Overlooking allergies, dietary restrictions, or other healthcare providers’ instructions.

Intentional Medication Misuse and Neglect

Intentional overmedication (chemical restraints) to sedate or control residents.

Failing to prevent medication errors by neglecting patient safety measures.

Ignoring safety procedures, leading to medication errors in assisted living facilities.

Common Causes of Nursing Home Medication Errors

Medication errors occur due to a combination of inadequate training, miscommunication, and systemic failures between healthcare professionals in nursing home facilities. Below are some of the most common causes of medication errors in nursing homes:

• Lack of Training and Supervision 
• Understaffing and Overworked Nurses 
• Medication Administration Record (MAR) Errors  
• Poor Communication Between Providers  
• Improper Storage and Organization of Medications 
• Lack of Proper Resident Identification Procedures  
• Failure to Consider Drug Interactions and Medical History  

Reporting Medication Errors in Nursing Home Facilities 

If a medication error occurred in a nursing home, it’s important to report it to the appropriate authorities. Below are the key options for reporting nursing home medication errors:

• Nursing Home Administration
• State Survey Agency (Department of Health)
• Long-Term Care Ombudsman Program
• Adult Protective Services (APS)

Call 911 if you suspect the medication error is due to intentional harm, criminal activity, or severe neglect.

Additional reporting options include:

• FDA MedWatch – Report issues related to prescription drugs and adverse reactions.
• Institute for Safe Medication Practices (ISMP) – Tracks medication errors in care facilities. 

The Statistics of Medication Errors in Nursing Homes and Assisted Living Facilities 

• As much as 27% of nursing home residents experience medication errors, ranging from missed doses to receiving the wrong medication.
• The most common errors are dose omission (32%), overdose (14%), underdose (7%), wrong patient (6%), wrong product (6%), and wrong strength (6%).
• Of the incidents with the most serious patient impact, 24% are wrong patient errors, 22% are dose omissions, and 20% are overdoses.
• The most common cause is basic human error (48%), followed by transcription error (18%), and poor communication (4%).
• Most mistakes occur during administration (47%) or documentation (38%), while dispensing, monitoring, and prescribing account for 11%, 3%, and 2%, respectively.
• The majority (67%) of the errors with the most serious patient impact occurred in the administering phase, 22% in the documenting phase, and 8% in the pharmacy dispensing phase.
• The majority of medication errors in nursing homes (59%) involve licensed practical nurses (LPNs). Registered nurses (RNs) account for 22%, while support personnel is linked to 11% of errors. Pharmacists play a role in 6% of incidents, and medication aides are involved in 1%. Physicians are the primary cause in just 1% of cases. 
• Among those responsible, 92% are permanent staff, while 4% are temporary or contract workers, and the remaining 4% have an unreported employment status.
• One in three medication errors in long-term care facilities results in harm, with some leading to severe injury or even death.

Serious Consequences of Medication Errors

• Hospitalization or Worsening Condition 
• Adverse Drug Reactions
• Falls and Other Injuries 
• Emotional and Psychological Distress 
• Death 

Signs of Negligent Medication Administration 

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: 

• 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. 

Elements of a Nursing Home Medication Error Lawsuit

A nursing home medication error lawsuit must establish four key legal elements:

1. The nursing home and its healthcare providers have a legal duty to ensure residents receive the correct medications, in the correct dosage, at the right time while monitoring for adverse events.

2. A breach occurs when nursing home staff, pharmacists, or other responsible parties fail to follow proper medication administration protocols, leading to medication errors such as missed doses, wrong medication, or incorrect dosages.

3. The medication error must be directly linked to the resident’s harm, such as worsening health conditions, serious injury, or even death.

4. The resident or their family members must show both economic and non-economic damages resulting from the medication error.

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. Fast attention to the resident after a suspected error can mean the difference between them only suffering mild distress or something more severe. 

Report the Error to the Nursing Home and Authorities

Reporting the incident is vital to building your negligence claim, protecting your rights or that of your loved one, and preventing future errors and residents from suffering the same way. 

Gather Evidence

To build a strong case and bring those accountable to justice, you’ll need to gather evidence such as: 

• Copies of all the resident’s relevant medical care records, including the patient’s medication history.
• A journal of all the resident’s symptoms, conversations with staff, and behaviors. 
• Witnesses statements of the medication error or any other information. 
• Documentation of 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. 

Why You Need a Nursing Home Medication Error Lawyer 

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 to handle a nursing home abuse or neglect case. 

Expertise in Nursing Home Medication Error Cases

• We have a proven track record of successfully representing residents or their loved ones in medication error cases and obtaining substantial settlements. 
• We will discuss your case with medical and pharmaceutical experts who can provide testimony to support your claim. 
• We have in-depth knowledge of nursing home medication regulations and standards of care so we can help prove negligence and damages. 

Compassionate and Client-Focused Representation

• We’re prepared to fight for justice and compensation for our clients.
• 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. 

Liability for Nursing Home Medication Errors

When nursing home medication errors occur, multiple parties may be held accountable depending on the circumstances of the error and the level of negligence involved, such as:

• Nursing Homes & Assisted Living Facilities – If they fail to provide adequate staff training, enforce medication protocols, or prevent medication errors, they may be held liable for nursing home neglect or medical malpractice.
• Nursing Home Staff & Healthcare Providers – If licensed practical nurses (LPNs), registered nurses (RNs), and medication aides give the wrong medication, wrong dose, or miss a dose, they can be held accountable for improper medication administration and patient harm.
• Pharmacists & Prescribing Physicians – Pharmacists can be liable if they dispense the wrong medication or fail to recognize potential interactions. Similarly, physicians may bear responsibility if they prescribe incorrect medications or neglect a patient’s medical history when ordering prescriptions.
• Third-Party Care Providers – If other healthcare providers, such as home health agencies or contracted nurses, contribute to a medication error, they may also face liability claims.

Financial Compensation for Medication Errors Harming Residents’ Health 

Victims of nursing home medication errors may be entitled to compensation for the harm they suffered. Compensation can cover medical expenses, including hospital stays, rehabilitation, and ongoing care. Non-economic damages, such as pain and suffering, emotional distress, and diminished quality of life, may also be awarded. 

In cases of wrongful death, families may seek damages for funeral and burial costs. If negligence was particularly severe, punitive damages may be imposed to hold responsible parties accountable.

Consult a Nursing Home Medication Error Attorney Today! 

Nursing home medication errors can have devastating consequences, but victims and their families may be entitled to financial compensation. At Nursing Home Law Center, we’ll help build your case and defend your rights. For your free consultation, call us at (800) 926-7565.