Can I Sue a Nursing Home for a Major Medication Error?

 Posted on December 20, 2019 in Medication Errors

A person would not be staying in a nursing home if he or she did not have physical or mental health issues that necessitate around-the-clock care. The majority of nursing home residents are on one or more medications in order to manage the symptoms caused by their health issues. When nursing home staff fail to give residents their medications on time or in the correct dosages, serious complications can result. In some cases, medication errors can even result in a resident’s death. If your loved one has suffered because a negligent nursing home facility failed to properly administer medication, you may have a valid personal injury claim.

Medication Mistakes Can Seriously Harm vulnerable Nursing Home Residents

While some minor medication errors may not cause the resident harm, other medication mistakes can cause severe damage. There are federal regulations that prohibit nursing home staff from making serious medication errors. Some of the most concerning nursing home medication-related mistakes include:

• Giving the resident the wrong medication or mixing up two residents’ medications
• Improperly administering the medication
• Giving the resident medicine that is expired or spoiled
• Administering too much or too little of a medication
• Prescribing the wrong medication for the resident’s health concern

Why Do Medication Mistakes Occur?

A great deal of nursing homes and other long-term care facilities are understaffed. One recent study showed that a deplorable 75 percent of nursing homes do not have enough registered nurses. Working at a nursing home can be grueling work and many nursing home staff are compensated very little for their time and effort. Unfortunately, this means that many facilities have trouble maintaining enough staff to care for residents’ needs. However, this is not an excuse for a nursing home to provide substandard care. The Illinois Nursing Home Care Act obliges long-term care facilities to provide adequate medical treatment to residents. When a nursing home fails to uphold its duty to properly care for a resident, the facility may be legally responsible for the damages that result.

Contact a Chicago Nursing Home Neglect Attorney

If your loved one has suffered because a negligent nursing home facility made a dangerous medication error, you may have a valid claim for nursing home neglect or abuse. At Schwartz Injury Law, we have witnessed the painful, sometimes fatal, damage that medication errors can cause a nursing home resident. That is why we are committed to holding negligent nursing homes responsible for medication errors. To schedule a free consultation with an experienced Cook County nursing home injury lawyer, call us at 312-535-4625.

Sources:

https://www.mcknights.com/news/staggering-75-of-nursing-homes-almost-never-meet-expected-rn-staffing-levels-study-finds/

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225