Medication Errors in Nursing Homes and Who Is Responsible

Medication plays a critical role in the health and comfort of nursing home residents. Many elderly individuals rely on daily doses of prescription drugs to manage chronic conditions, relieve pain, and support their overall well-being. However, when medications are administered incorrectly, the consequences can be devastating. Medication errors in nursing homes are more common than many people realize, and they often result in serious harm or even death.

Understanding how these errors happen and who can be held responsible is essential for families and caregivers. If your loved one suffered harm due to a medication mistake, you may have legal options to pursue justice and compensation. PKSD may be able to help you.

What Is a Medication Error?

A medication error is any mistake in the prescribing, dispensing, or administration of a drug. These errors can occur at several points in the medication process and may involve:

• Giving the wrong medication
• Administering the wrong dose
• Failing to give a prescribed medication
• Giving medication at the wrong time
• Administering medication to the wrong patient
• Crushing or splitting pills that should not be altered
• Improperly mixing medications that should not be combined
• Misreading a prescription label or medical chart

While some medication errors may seem minor, they can be extremely dangerous for elderly residents. Older adults are more vulnerable to the effects of medication due to age-related changes in metabolism and the presence of multiple health conditions. Even a small error can trigger severe reactions, hospitalizations, or long-term complications.

Common Causes of Medication Errors in Nursing Homes

Medication mistakes are often the result of negligence, poor communication, or understaffing. In many cases, these errors are preventable. Some of the most common causes include:

1. Understaffing and Overworked Staff

Many nursing homes operate with fewer staff members than needed. When nurses and aides are stretched thin, they may rush through medication rounds, make careless mistakes, or forget critical steps in the process.

2. Lack of Training

Some staff members may not be adequately trained to handle medication administration. Aides without proper certifications may be asked to give medications when they are not legally qualified to do so.

3. Miscommunication

Errors often happen when staff members misread a chart, fail to document changes, or misunderstand verbal instructions from physicians. Poor recordkeeping and handoffs between shifts can also increase the risk of mistakes.

4. Failure to Monitor for Side Effects

Even when the correct medication is given, nursing staff must monitor residents for reactions or side effects. Failing to recognize signs of distress or overdose can turn a small issue into a life-threatening emergency.

5. Physician Errors

Doctors who prescribe the wrong drug or dosage can also be responsible for medication errors. This is especially concerning when residents are taking multiple medications that could interact dangerously.

Signs That a Medication Error Has Occurred

If your loved one is in a nursing home, it is important to stay alert to changes in their behavior or health. Signs of a possible medication error include:

• Sudden confusion or disorientation
• Excessive drowsiness or lethargy
• Difficulty breathing or swallowing
• Nausea, vomiting, or diarrhea
• Rashes or allergic reactions
• Seizures or loss of consciousness
• A rapid decline in overall health

If something feels off or your loved one’s condition changes unexpectedly, do not hesitate to ask questions and request a full review of their medication regimen.

Who Is Legally Responsible for Medication Errors?

Determining responsibility for a medication error involves examining who was involved in the mistake and whether their actions meet the legal standard for negligence. In most cases, one or more of the following parties may be held liable:

1. Nursing Home Facility

The facility itself may be responsible if it failed to hire qualified staff, did not provide adequate training, or created an environment where medication safety protocols were not followed. Nursing homes are also responsible for ensuring staff compliance with federal and state regulations regarding medication administration.

2. Nurses and Care Staff

If a nurse or aide administers the wrong medication or dose, fails to monitor a resident, or makes other negligent errors, they can be held individually responsible. However, the facility that employs them may also be liable under the legal theory of vicarious liability.

3. Physicians or Prescribing Doctors

Doctors who prescribe medications are expected to ensure accuracy and take a resident’s full medical history into account. If a physician prescribes the wrong medication, fails to check for harmful drug interactions, or overlooks a known allergy, they may be held accountable.

4. Pharmacies and Pharmacists

In some cases, the error originates at the pharmacy. If a pharmacist mislabels a medication, fills the wrong prescription, or provides incorrect dosage instructions, the pharmacy may be liable for any resulting harm.

Proving a Medication Error Claim

To pursue a legal claim for a medication error in a nursing home, the following elements must typically be established:

1. Duty of Care
   The responsible party had a legal duty to provide safe and appropriate care to the resident.
2. Breach of Duty
   The individual or facility failed to meet the standard of care, such as giving the wrong medication or not properly monitoring the resident.
3. Causation
   The breach of duty directly caused harm or injury to the resident.
4. Damages
   The resident suffered physical, emotional, or financial harm as a result of the error.

Medical records, witness statements, expert opinions, and documentation from the facility can all be used as evidence in a legal case.

What Families Can Do

If you suspect your loved one was harmed due to a medication error, you should:

• Request a copy of all medical records and medication logs
• Speak with the facility administrator about your concerns
• Report the issue to your state’s health department or long-term care ombudsman
• Consult with an experienced nursing home abuse attorney

An attorney can help investigate the situation, determine liability, and pursue compensation for medical expenses, pain and suffering, and other damages.

Medication errors in nursing homes are serious and often preventable. When staff or facilities fail to follow proper procedures, residents can suffer unnecessary harm. Holding negligent parties accountable not only helps your loved one receive justice, but it can also lead to safer conditions for others in the facility.

If you believe a medication error has impacted someone you care about, take action. Speak with a legal professional who can guide you through the next steps and help protect your loved one’s rights.