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Are Medication Errors in Nursing Homes Considered Neglect?

Preventable medication errors in nursing homes constitute neglect if the health care providers fail to follow a reasonable standard of care. If the neglect leads to an injury, the patient might have grounds for a negligence claim. However, if the mistake did not result in harm, there is no viable negligence claim.

Not every adverse reaction to medication stems from negligence. All medications carry risks. Prescribing doctors have a legal duty to meet the accepted professional standard of care by weighing the risks and benefits, informing the patient about them, and prescribing the medication. If you or your loved one has suffered an injury from a medication in a nursing home, our experienced medication error attorneys can investigate and determine whether medical malpractice occurred.

What Circumstances Make a Medication Error Neglectful?

Before a nursing home resident receives medication, multiple health care providers participate in a multi-step process as follows:

  • The doctor prescribes the medication and sends the prescription to the pharmacy.
  • The pharmacy receives and fills the prescription.
  • The pharmacy dispenses the medication to nursing home staff.
  • The nursing staff administers the medication to the patient.
  • The nursing staff monitors and documents the patient’s response.
  • The treating physician adjusts the medication as necessary.

Medication errors can occur at any stage and may include a flawed prescribing decision, an incorrect dosage, improper administration, or incorrect frequency of medication.

Avoiding Preventable Errors Through Reasonable Care

It only takes one mistake to cause irreparable harm. Every health care provider in the chain must follow a reasonable standard of care while prescribing, filling, dispensing, or administering medication.

  • When choosing a medication, the prescribing physician must consider the patient’s medical history, current medications, allergies, and health conditions.
  • The pharmacist must dispense the correct medication in the correct dosage, verify the prescription with the doctor if it is illegible, and label it accurately and clearly.
  • Nursing staff must compare the label to the patient chart to ensure it matches, administer it as prescribed, monitor the patient’s response, and promptly report adverse reactions to the doctor.

When The Error Resulted In Foreseeable Harm

Medication errors only constitute negligence if they cause harm, such as organ damage, illness, the need for invasive treatment, or death.

Nursing home residents may suffer significant preventable harm as a result of the following errors:

  • The wrong medication
  • Overdose or underdose
  • Incorrect administration method
  • Incorrect timing or frequency
  • Delays in receiving medication
  • Unreported adverse reactions
  • Inappropriate prescriptions

Many nursing homes—particularly understaffed facilities—improperly use antipsychotic medications as chemical restraints on residents to reduce their mobility. These medications often have serious side effects, including death or reduced quality of life.

When There Was a Lack of Adequate Supervision or Training

Understaffing in nursing homes may cause nurses to rely on certified nursing assistants, or CNAs, to administer medications. CNAs should only administer medication if they have the appropriate certification. Many medication errors occur when short-staffed nursing homes require unqualified CNAs to administer medication.

When There Was a Failure to Communicate Effectively

Health care providers rely on medical records to communicate vital information for making medical decisions. If any of the following pertinent medical information is missing, dangerous medication errors may occur:

  • Allergies
  • History of adverse reactions
  • Current medications
  • Family and medical history
  • The last time medication was administered and its dosage
  • Changes in the patient’s condition

At every stage of the medication process, health care providers have a legal duty to carefully review the patient’s chart and document their actions, whether they are the prescribing doctor, pharmacist, or nurse administering the medication. Most communication failures occur during patient transitions to or from the hospital, shift changes, and changes in prescribing physicians.

When There Were Systemic Issues

Nursing homes may have systemic issues that increase the risk of medication errors. For example, a lack of policies and procedures regarding the organization of the medication cart and proper labeling can lead to all types of medication errors.

The most serious systemic issue plaguing nursing homes today is understaffing, which pressures nurses and CNAs to rush through patient care and take shortcuts to ensure they can provide care to all patients.

Rushing through patient care can lead to nurses opening the wrong patient’s drawer in the medication cart and giving the patient someone else’s medication. They may administer medication without reading the chart carefully or fail to record when they administer the medication. They may use the wrong method of administration. Any of these scenarios can result in an overdose. In some cases, understaffing could cause patients to miss doses of important medication.

How Levin & Perconti Can Assist if a Loved One Experienced Medication Error Negligence in a Nursing Home

We were one of the nation’s first law firms to hold negligent nursing homes accountable. Our medical malpractice attorneys have developed the most effective and aggressive strategies to litigate nursing home cases.

Our award-winning nursing home abuse lawyers will handle the following:

  • Investigate and gather medical and prescription records.
  • Retain medical experts to testify on your behalf.
  • Identify incriminating medication billing irregularities.
  • File your lawsuit before the statute of limitations expires.
  • Negotiate a settlement.
  • Represent you at trial if the opposition refuses to pay fair compensation

Our financial resources allow us to spend every dollar necessary to prosecute your case with no upfront costs to you. We will collect our fees from your compensation. You only pay if we win. Since 1992, Levin & Perconti has recovered over $2 billion in compensation, including numerous six and seven-figure results in nursing home medication error cases.

Contact us online or call us today at (312) 332-2872 to schedule your free consultation.

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