Can I Sue for Nursing Home Medication Errors?

Can I sue for nursing home medication errors

Medication errors in assisted living homes can lead to serious harm to residents. These errors stem from many factors, including overlooking a patient's medical history (and potentially missing allergies), incorrect medication administration, or wrong prescription medications.

When these mistakes occur, they can cause serious injury or worsen a nursing home resident's health condition. Understanding how to prevent medication errors and recognizing the signs of medical malpractice is crucial for ensuring the safety of nursing home residents.

If a nursing home medication error has harmed your loved one, you may have grounds to pursue legal action. Zaveri Law Firm is here to hold nursing homes accountable for medication errors and help you pursue justice.

What Is a Nursing Home Medication Error?

A nursing home medication error occurs when a resident receives the wrong medication or dose or misses a dose altogether. This can happen for various reasons, from inadequate staffing to improper medication administration errors.

Some of the most common medication errors in nursing home settings include incorrect dosages, administering the wrong drug or drugs, or failing to provide necessary medications.

According to a 2024 report by the SingleCare Team, the FDA receives over 100,000 reports annually concerning medication errors. Medication errors can have serious consequences, especially for elderly residents who may be taking multiple medications or have complex health issues.

These errors can lead to adverse drug reactions, worsening of medical conditions, or even death. Nursing home staff must follow strict protocols to keep patient safety and ensure residents receive the correct medications at the right times. When these protocols are not followed, and harm occurs, it can be grounds for legal action.

What Makes Nursing Home Medication Errors Dangerous?

Nursing home medication errors are dangerous because they can lead to health complications. Elderly residents usually have sensitive health, making them more susceptible to the harmful effects of inappropriate medication use. A single error can cause a chain reaction of health issues that could worsen their condition.

Poor medication management can also eliminate trust in the facility and its staff. Families place their loved ones in nursing homes, expecting professional and attentive care. When serious medication errors occur, it undermines this trust and highlights potential systemic issues within the facility.

Can I Sue for All Nursing Home Medication Errors?

Not all medication errors may qualify for a lawsuit. To sue for a nursing home medication error, you must prove that the error resulted from negligence and caused harm to the resident. Remember that just because there was medication error reporting there was a negative outcome doesn't mean that negligence took place. Instead, you need us to investigate the poor outcome and see if a mistake was made.

Maryland's statute §19–343 holds staff members responsible for administering medication, the right medication and dispensing medication properly in assisted living facilities. Statute §19–343., section VII, states that the resident can expect and receive appropriate assessment, management, and pain treatment as an integral component of the patient's care.

However, you may have a valid claim if a medication error leads to injury, an adverse reaction, or death. It's important to consult with an experienced nursing home abuse lawyer to determine if you have a case. They can help assess the situation and guide you through the legal process.

Elements of a Nursing Home Medication Error: What You Must Prove

Elements of a nursing home medication error_ what you must prove

Certain legal elements must be established to sue for a nursing home medication error successfully. We must show how the nursing home facility or nursing staff member led to adverse events. Each element is key in building a strong case of nursing home neglect.

Here are the factors that prove errors in nursing homes:

Duty of Care

In a nursing home setting, the facility and its staff are legally obligated to provide their residents with a certain standard of health care there. This includes a duty to the patient's safety and residents' health. The first step in proving negligence in a medical error case is to prove a nursing home facility's duty of care was not met or upheld to cause patient harm.

Elder abuse attorneys will examine the risk factors and pursue a nursing home negligence case for you. A free case review will allow us to understand your situation better and have the proper knowledge to pursue financial compensation on your behalf.

Breach of Duty

A breach of duty happens when the nursing home staff does not meet the expected standard of care. This can involve giving the wrong dose of medication, incorrect dosages, or failing to administer the medication at all.

Evidence like medical records and expert testimony can help demonstrate this breach. We can prove that inadequate training led to improper medication administration. This could be an example of a nursing home needing to uphold its duty of care.

Causation

Causation connects the breach of duty directly to the harm suffered by the resident. It must be shown that the medication error directly caused the injury or worsening of the resident's condition.

Damages

Finally, you must prove that the resident suffered damages due to a medication error. Damages can include medical expenses, physical pain, mental suffering, and other related costs. Proper documentation and expert testimony are crucial in quantifying these damages.

Common Types of Medication Errors

Unfortunately, medication errors in nursing homes can occur in many ways. Understanding these common types of medication errors is critical for your case. A few common medication errors include:

  • Incorrect medication: Taking the wrong medication can lead to a drug reaction or a bad health condition. Staff must ensure they double-check prescriptions before giving them to residents.
  • Wrong dosage: Giving too much or too little medication can be harmful. Accurate dosage is critical, especially for medications with narrow therapeutic ranges.
  • Missed doses: Failure to administer a prescribed medication can cause a resident's health to worsen. Consistent monitoring and timely administration are essential.
  • Improper administration: Medications must be given in the correct form, whether oral or intravenous. Incorrect administration methods can reduce effectiveness or cause harm.
  • Expired medications: Using expired medications can create harmful side effects. To prevent this, expiration dates must be checked regularly.
  • Lack of monitoring: Residents must be monitored for adverse reactions after giving medication. Failing to do so can result in untreated complications.

Causes of Medication Errors

Causes of Medication Errors

Medication errors can occur due to several contributing factors. They include:

Inadequate Staffing and Training

One major cause of the medication dispensing errors is inadequate staffing and insufficient training. Nursing homes must ensure they have enough trained staff to meet the needs of their residents. Mistakes are more likely to occur when staff are overworked or poorly trained.

Miscommunication Among Healthcare Providers

Miscommunication is another significant factor. Errors can occur when proper communication between doctors, nurses, and other healthcare providers is lacking. For example, if a physician's order for prescription drugs is misinterpreted or not properly conveyed, the wrong medication might be given.

Effective communication protocols and thorough documentation by medical providers can help prevent these errors. For example, healthcare providers should hold regular meetings to ensure everyone is on the same page about a resident's care.

Errors in Prescription and Administration

Unfortunately, prescription errors and wrong medication dosages can happen in nursing homes. These errors can result from misunderstandings, lack of attention, or poor documentation.

Ensuring that prescriptions are clear can mitigate these risks. Regular training and adherence to protocols are also key in preventing such errors.

Signs of a Medication Error

Recognizing the signs of a medication error is crucial for health care professional to prompt action. Look for sudden changes in the resident's health, such as unusual symptoms or worsening conditions. These signs may say that something is wrong with their medication regimen.

Steps to Take if an Error is Suspected

If you suspect a medication error is occurring, acting immediately is important. Here are the steps to take in a nursing home abuse lawsuit:

  1. Report the error: Inform the nursing home staff and administration immediately. Document your concerns in writing to ensure there is a record.
  2. Seek medical attention: Ensure the resident receives prompt medical evaluation and treatment. A healthcare professional can assess any harm caused by medication mistakes or prevent adverse reactions.
  3. Gather evidence: Collect important documents, such as medical information, prescriptions, and witness statements. This documentation will be key for any potential legal action against nursing home facilities.
  4. Contact a lawyer: Consult an experienced nursing home abuse lawyer to discuss your case. Our attorneys guide the best legal options available. We hold the nursing facility accountable.
  5. File a complaint: Report the incident to state regulatory agencies. This can prompt an investigation and help prevent future errors in nursing facilities.

Role of a Nursing Home Medication Error Lawyer

Role of a nursing home medication error lawyer

A nursing home medication error attorney can help you get through the legal process and fight for your loved one's rights. They will investigate the medication safety incident in detail, gather evidence, and build a strong case for you. Their expertise in assessing these cases can increase your chances of securing fair compensation.

How We Fight for Your Family's Rights

Zaveri Law Firm holds nursing homes accountable for medication errors in Baltimore. We take pride in ensuring our clients get the justice and fair compensation they deserve. Our team protects your family's rights and advocates for your loved one's well-being.

Contact Our Baltimore Nursing Home Abuse Lawyer for a Free Consultation

Contact our Baltimore nursing home abuse lawyer for a free consultation

If you suspect a nursing home medication error has harmed your loved one, don't hesitate to seek legal help. Zaveri Law Firm offers free consultations to discuss your concerns and explore your options.

Contact us to schedule your consultation, and let us help you fight for the justice and compensation your family deserves.

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