Nursing Home Medication Error Lawyer
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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What is Nursing Homes Medication Error ”’Chemical Restraint” and its Dangers?
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:
- Inability to talk
- Sedative effect
- Inability to interact with others
- Increases resident risk of death
What are the Devastating Effects of Medication Errors?
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:
- Drowsiness
- Physical complications (for example, dry mouth or ulcers)
- Confusion
- Withdrawal from family and friends
- Hallucinations
- Dizziness or falls
- Fractures
- Seizures
- Sudden changes in behavior
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With a personalized approach to each case, our team offers guidance and support beyond legal advice.
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Frequently Asked Questions
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:
- Drowsiness
- Physical complications (for example, dry mouth or ulcers)
- Confusion
- Withdrawal from family and friends
- Hallucinations
- Dizziness or falls
- Fractures
- Seizures
- Sudden changes in behavior
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:
- Implement strategies used in acute care hospitals to prevent medication errors in nursing homes.
- Utilize health information technologies such as electronic health records and computerized physician order entry systems, computerized decision support systems, electronic prescribing, and barcode unit dosing.
- Implement adverse event reporting systems to identify root causes and patterns of errors.
- Consider web-based or electronic error reporting systems to increase the quantity and quality of reporting.
- Use information gathered from error reporting systems for quality improvement efforts.
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.
