Nursing homes need to be held accountable for not providing proper care for people they are responsible for. It is extremely important to watch for signs of over-drugging or over-medicating, as it could mean life and death.
We are medication error lawyers who know the ins and outs of the federal and Ohio regulations and laws for nursing homes. Our lawyers limit our practice to the most extreme cases because we attack every case as if we’re going to go to trial.
If you believe your loved one has been the victim of a medication error in a nursing home, we encourage you to contact our team.
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According to Human Rights Watch (HRW), nursing facilities are knowingly endangering their residents by participating in this practice. They state that:
In an average week, nursing facilities in the United States administer antipsychotic drugs to over 179,000 people who do not have diagnoses for which the drugs are approved.
The drugs are often given without free and informed consent, which requires a decision based on a discussion of the purpose, risks, benefits, and alternatives to the medical intervention and the absence of pressure or coercion in making the decision.
It is considered wrong and extremely dangerous practice if residents were given the drugs without prior diagnosis or consent. See the side effects of this malpractice:
As stated before, when facilities are understaffed, this is an easy way to manage resident care. This is abuse. In regard to giving un-consented or unnecessary medication, HRW states:
Federal regulations require individuals to be fully informed about their treatment and provide the right to refuse treatment. Some state laws require informed consent before administering antipsychotics to nursing home residents.
Yet nursing facilities often fail to obtain consent or make any effort to do so. While all medical interventions should follow from informed consent, it is particularly egregious to administer a drug posing such severe risks and little chance of benefit without it.
They refer to this illegal practice as “chemical restraint.” Care facilities must act and run their operations with the residents’ welfare as their first concern. It should be considered abuse when they choose to violate their rights or fail to comply.
It is extremely important to be aware of the risks of such a practice. Has your loved one fallen recently? Has their mood or behavior changed drastically in a short period of time? If so, find out if there has been a change in their medication, or watch out for these other signs of medication error:
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If your loved one suffered harm, you may be wondering, “Do I have a case against a nursing home for a medication error?” In Ohio, nursing homes must provide adequate and timely nursing care, including providing medication as ordered to residents. When a nursing home gives a resident too much, too little, or the wrong medication, that medication error gives you a negligence case against the nursing home. So the answer is, Yes, you can have a claim for medication error.
Whether that claim is actionable–whether you could file a lawsuit–depends on additional factors, like whether the medication error caused injury.
To determine if you have a case against a nursing home for a medication error, an attorney will normally examine prescription orders and documentation, medication administration records (“MAR”), staffing levels, and compliance with Ohio law and federal standards. When a facility fails to meet its duty of care, families can pursue compensation under Ohio law. We handle medication error claims when they involve catastrophic injuries or death.
Families often ask, “What are chemical restraints, and are they legal in Ohio nursing homes?” Chemical restraints are drugs, often antipsychotics or sedatives, given not for medical treatment but to control resident behavior. No, chemical restraints are not legal in Ohio nursing homes when used for staff convenience or punishment, or without being medically necessary.
Under Ohio and federal law, chemical restraints are only legal when medically necessary and properly prescribed. The Nursing Home Reform Act prohibits their use for staff convenience or punishment. If your loved one was subjected to chemical restraints, this may amount to abuse and a violation of their rights.
Concerned families ask, “What signs indicate my loved one is being chemically restrained?” These cases often appear as sudden personality or health changes that may be wrongly attributed to aging or progression of a disease process.
Signs your loved one is or was being chemically restrained include unusual drowsiness, confusion, loss of personality, and an increase in falls. Recognizing these symptoms early can help families intervene, challenge unlawful restraint, and protect their loved one’s rights. Here are 15 warning signs your loved one might be being chemically restrained:
1. Sudden, not otherwise explained drowsiness or heavy sedation — The resident is hard to wake, often sleeping through meals or visits despite no prior history of such sleepiness. (This can also be a sign of infection, among other things.)
2. Marked decline in alertness or awareness — The person seems “out of it,” confused, or less responsive to questions/visitors compared to their usual self.
3. New or increased falls or stumbling — When a resident begins to fall more often, especially shortly after starting sedating medications or without clear medical reason.
4. Rapid deterioration in mobility or strength — The person becomes weak, cannot walk as before, or loses ability to engage in activities, with no new diagnosis.
5. Withdrawal from social interaction or activities — A once-engaged resident stops joining meals, stops talking much, or sits passively.
6. Unexplained increase in confusion or memory problems — Cognitive decline accelerates beyond expected progression, especially after new medications.
7. Emotional flatness, unresponsiveness or apathy — The resident appears emotionally blunted or indifferent, rather than showing normal reactions.
8. New or unexplained use of psychotropic drugs — Medications such as antipsychotics, sedatives or anxiolytics appear in the regimen without clear therapeutic justification.
9. Medication given “for behavior” rather than diagnosed condition — If the resident is told the drug is to “keep them calm” rather than treat a specific medical condition.
10. Absent or vague documentation about why the drug is used — The care plan lacks explanation of medical necessity, or the staff cannot clearly say why the drug was started.
11. Loss of dignity, ability to communicate or make choices — The resident can no longer meaningfully interact, make decisions, or express themselves as they once did.
12. Sudden, unexplained weight loss, malnutrition, dehydration — Possibly because the resident is too sedated or disengaged to eat/drink, or mobility is restricted.
13. Incontinence or toileting problems that are new or worsened — May be due to over-sedation, inability to request help, or reduced mobility.
14. Facility environment where few residents are active or awake — If many residents seem overly sedated, or there’s an unusually quiet, passive atmosphere in active hours.
15. Staff or facility reluctant to explain medication changes — When you ask “Why was this drug started?” and get vague or evasive answers, or the facility resists reviewing the care plan.
Under federal law (specifically the Nursing Home Reform Act and §483.25(l) of regulations) a nursing home must not use chemical restraints for the convenience of staff or as a disciplinary measure. They may be used only when medically necessary, with proper consent, documentation and ongoing review.
For families, spotting these signs early means you can raise questions, request records, and intervene before serious harm occurs. Here are some things you can do if you notice one or more of these signs:
● Ask for a full list of medications, dosages, and last change dates. This should include the purpose for which it was prescribed.
● Request a copy of your loved one’s care plan and Medication Administration Record. Ask specifically about alternatives tried before the drug was started.
● Meet with the attending physician or nurse practitioner (or get a call with them) and ask: “What medical diagnosis requires this medication? What alternatives have been tried? How long will it be used?”
● If responses feel vague or your concerns persist, consider contacting the state long-term care ombudsman or a lawyer experienced in nursing home abuse.
Families often ask, “Can I access my loved one’s medical records from the nursing home?” Yes, in Ohio both state and federal law guarantees that you can access your loved ones medical records from a nursing home, provided you are authorized to represent their interests through a power of attorney, guardianship, or were otherwise authorized.
Nursing homes must allow inspection within 24 hours and provide copies within two business days. Records are critical in determining whether medication errors occurred or chemical restraints were used improperly. Reviewing prescriptions, dosages, and physician notes often reveals negligence.
One key question is, “What is the statute of limitations for filing a medication error lawsuit in Ohio?” Ohio law sets strict deadlines.
Families generally have one year from the date they discovered or reasonably should have discovered the medication error to file a lawsuit. Because investigations take time, waiting too long could prevent you from filing. Acting quickly is essential to preserving your rights.
Families ask, “Who can be held liable for medication errors in nursing homes?” Liability may extend beyond just the facility.
Those who can be held liable include the nursing home for poor oversight or for their nurses or aides who administer the wrong drugs, doctors who prescribe unsafe medications, and pharmacists who dispense errors. Determining liability requires an experienced investigation into all medical and administrative records.
Families often ask, “Are nursing homes required to inform families about medication changes?” The answer is yes, nursing homes must inform resident sponsors or representatives about medication mistakes and errors.
Federal and Ohio law require facilities to notify residents and their legal representatives of significant medication changes, or changes in condition. Hidden changes may be a red flag for unlawful restraint or negligence. Clear communication is not just good practice — it’s a legal requirement.
When asking, “What compensation can I seek in a medication error lawsuit?” families in Ohio should know damages would come for the resident’s injuries (both pain and suffering, and financial harms from medical bills) and if it caused their death, next of kin can sue for wrongful death damages.
Compensation may include medical expenses, pain and suffering, emotional distress, funeral costs in wrongful death cases, and loss of companionship. By pursuing compensation, families hold nursing homes accountable and secure resources for recovery.
Families often ask, “How common are medication errors in nursing homes?” Unfortunately, they are frequent across Ohio and the U.S.
Studies show that up to one in four residents may experience at least one medication-related mistake. Errors often occur because of understaffing, poor training, or miscommunication. Recognizing their frequency underscores the need for vigilance and accountability. While hopefully most of these errors have minimal impact, there are times they cause significant harm or even death from medication overdose or lack of critical medication.
One urgent question is, “What should I do if I suspect a medication error?” Taking action quickly is essential.
Steps include documenting your concerns, requesting medical records, seeking an independent medical opinion, and consulting an Ohio nursing home injury lawyer. Acting quickly protects your loved one and strengthens any legal claim.
Families often ask, “Can the use of chemical restraints be considered nursing home abuse?” In Ohio, the answer is yes, the use of chemical restraints can be considered nursing home abuse.
When medications are used for staff convenience instead of medical necessity, it qualifies as abuse. Abuse through chemical restraint can cause lasting harm or death, and Ohio law allows families to pursue legal claims in such cases.
Families often wonder, “How do I prove that medication errors occurred in an Ohio nursing home?” Proving negligence requires documentation and expert testimony.
Helpful evidence includes medication administration records, pharmacy logs, physician prescriptions, and witness statements. Attorneys work with experts to confirm whether care standards were violated.
One question is, “What rights do Ohio nursing home residents have regarding medication administration?” Residents have strong protections.
They have the right to be informed about medications, refuse treatment, live free from unnecessary chemical restraints, and be monitored for side effects. When these rights are violated, families may pursue legal action for negligence or abuse.
Families often ask, “Are nursing homes required to report medication errors in Ohio?” Yes.
Facilities must document all medication errors and report serious ones to the Ohio Department of Health. Concealing or minimizing errors may itself violate the law and strengthen negligence claims.
Families often want to know, “How long does it take to resolve a medication error lawsuit in Ohio?” The timeline depends on complexity.
Most lawsuits take one to two years, though some resolve sooner through settlement. Factors include record collection, negotiations, and court schedules. An experienced lawyer helps move cases forward efficiently.
Many grieving families ask, “Can I sue an Ohio nursing home if medication errors led to wrongful death?” Yes.
Ohio’s wrongful death law allows family members to recover damages when negligence causes a loved one’s death. Compensation may include funeral expenses, loss of companionship, and emotional suffering under Ohio Revised Code section 2125.01 (“Action for wrongful death”).
Families sometimes ask, “What are punitive damages, and can they apply in medication error cases?” Punitive damages are meant to punish reckless conduct.
In Ohio, punitive damages may apply if a nursing home knowingly used chemical restraints or acted with conscious disregard for a resident’s rights or safety with a great probability of causing substantial harm. These damages deter future misconduct but require a higher burden of proof.
Families wonder, “Do I need a lawyer for a medication error lawsuit against a nursing home?” While not legally required, it is highly recommended. Nursing home lawsuits are medical claims (usually), which require an affidavit of merit, and expert support, in many circumstances.
Nursing home cases involve complex medical and legal issues. Attorneys interpret records, work with experts, and navigate Ohio malpractice laws. Representation greatly increases the likelihood of success.
A common question is, “Can my case settle without going to court?” Most nursing home medication error cases in Ohio settle without going to trial.
Settlement allows families to resolve claims faster and avoid trial risk. Our nursing home injury attorneys prepare cases as if for trial, which often pressures facilities to settle for top dollar.
Families ask, “Is improper medication monitoring considered negligence in Ohio?” Yes, improper medication monitoring is considered negligence in Ohio.
Nursing homes must monitor residents for side effects and interactions. Failure to do so can result in serious harm and qualifies as negligence under Ohio law.
Families often ask, “How do medication errors happen in Ohio nursing homes?” Errors usually stem from systemic failures.
Causes include understaffing, poor training, miscommunication, and outdated records. These preventable errors are grounds for legal claims when they harm residents.
Families often ask, “Can I request a change in my loved one’s medications?” Yes.
Residents and representatives have the right to participate in treatment decisions. You can request a review or second opinion. If denied without justification, this may signal negligence.
Families sometimes ask, “What role do pharmacists play in medication error cases?” Pharmacists must dispense safely and check for interactions.
If they fill prescriptions incorrectly or miss dangerous drug combinations, they may share liability. Pharmacy records are key evidence in Ohio nursing home cases.
Families ask, “Are medication errors reportable to Ohio state authorities?” Yes.
Serious medication errors causing injury or death must be reported to the Ohio Department of Health. Regulatory action does not replace a family’s right to sue, but it strengthens accountability.
Families ask, “Can nursing home staff be held personally responsible for medication errors?” Yes, in some cases.
While the facility is often the main defendant, nurses, doctors, or aides may also be liable if their negligence or intentional misconduct caused harm.
Families ask, “What evidence strengthens a medication error claim in Ohio?” Strong documentation is key.
Important evidence includes medical records, pharmacy reports, expert testimony, and proof of harm such as hospitalizations or autopsies. Gathering this quickly preserves the case.
Families ask, “Can family members request autopsies in suspected medication error deaths?” Yes, you ca n request an autopsy, although whether a coroner or medical examiner will perform one depends on the circumstances.
Autopsies and toxicology reports can reveal overdoses or harmful interactions. They provide crucial evidence in wrongful death lawsuits and must be requested quickly. If the county medical examiner or coroner will not do one, families can seek private post mortems.
Families ask, “What federal laws protect nursing home residents from medication abuse?” The key is the Nursing Home Reform Act and the Ohio Resident’s Rights law and administrative code.
These federal and state regulations and laws guarantee residents the right to refuse unnecessary medications and live free from chemical restraints. They also regulate medication administration. Ohio nursing homes must comply with these protections.
Families ask, “What if my loved one signed a waiver at admission—can we still sue?” Yes.
Admission agreements cannot waive basic rights. Courts often refuse to enforce waivers that shield facilities from negligence liability. Families retain the right to sue in Ohio. While arbitration agreements are legal in Ohio, including in nursing homes, they can be challenged, particularly if the facility’s arbitration agreement does not follow Ohio law (which many we’ve seen do not!).
Families ask, “How much does it cost to hire a nursing home abuse attorney in Ohio?” Most work on a contingency fee basis.
This means no upfront costs — attorneys are only paid if they win. This makes skilled legal representation accessible for families pursuing justice.
If nursing home staff intentionally overmedicate a resident, it is considered “chemical restraint.” Jump back to this section to read more about What is Nursing Homes Medication Error ”Chemical Restraint” and its Dangers?
The improper use of antipsychotic drugs in elderly residents, without proper diagnosis and consent, can lead to serious side effects such as speech impairment, sedation, and social withdrawal, increasing the risk of death.
Unfortunately, some elderly residents are administered these medications without their consent. It’s crucial to be aware of warning signs in such cases which may include:
If you believe that you or a loved one has been a victim of this horrific practice of chemical restraint, please contact us to discuss options for filing a lawsuit. Nursing homes need to be held accountable for not providing proper care for people under their responsibility. It is extremely important to watch for signs of over-drugging or over-medicating as it could mean life and death.
According to Human Rights Watch (HRW), nursing home facilities are knowingly endangering their residents by participating in chemical restraint practices. Over 179,000 people, who do not have diagnoses for which the drugs are approved, get administered with antipsychotic drugs in nursing facilities in the United States.
HRW states that drugs are frequently administered without the patient’s free and informed consent, which calls for a decision based on a discussion of the purpose, risks, benefits, and alternatives to the medical intervention as well as the absence of coercion or undue pressure.
According to a study published on the National Library of Medicine, nursing homes can implement several strategies to prevent medication errors, including:
Eadie Law: Nursing Home Injury Lawyers handles serious injuries caused by abuse and neglect including cases of medication error. We serve all of Ohio so it doesn’t matter where you are in the state.
If you need assistance or have questions, don’t hesitate to reach out to us by phone at 866-642-2873.
