Nursing Home Liability For Medication Errors
Nursing homes are responsible for ensuring the safe administration of medication on their premises. Administering medication needs to be taken seriously. Failure to do so can lead to serious injury or death. Handling medication for the elderly is more complicated than standard medication administration. The elderly, particularly patients suffering from dementia or Alzheimer’s, often can’t keep track of their own medication.
If a nursing home erred while administering or failing to administer medication, it could be held liable through an insurance claim or lawsuit. These approaches usually necessitate legal action. If you believe that your nursing home erred while administering medication to your loved one, consider contacting a lawyer. A nursing home abuse and neglect lawyer can review your case.
The Definition Of Medication Errors
TheFood and Drug Administrationdefines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of a healthcare provider, patient, or consumer.”
Notably, this definition doesn’t account for intentional misuse of medication or non-preventable medication errors.
Intentional misuse of medication – when a nursing home employee intentionally administers the wrong medication – is considered abuse, not an error. Non-preventable medication errors are situations where:
Regardless of this distinction, though, nursing homes have a responsibility to keep their patients safe. In cases of nursing home negligence, such as a medication error, the employee or employer can be financially liable for resulting damages.
Medication Errors In A Nursing Home
Medication errors take several forms in nursing homes. These are the most common types of medication errors:
The National Coordinating Council for Medication Error Reporting and Prevention (NCC MERP)categorizes these errors in severity on a scale from A to I. Errors between A and D don’t result in harm reaching a patient. Errors from E onwards cause harm to the patient. If the error is category H, the patient requires life support as a result. Category I indicates a medication error that ended in wrongful death.
How Can Nursing Homes Avoid Medication Errors?
The traditional model for correct medication administration – called the Five Rs – was introduced to provide nurses with a guideline to follow when administering medication. These are the steps involved:
While these steps are a great place to start for nursing home employees,a 2021 research articlenoted that may not be enough on their own. Workplace strains, like understaffing, interruptions, and excessive workloads can reduce the efficacy of the five Rs.
Nursing home procedures don’t take place in a vacuum. If a home is understaffed or in poor working order, the quality of services offered can decline. A desire to increase profits by lowering staff salary costs is what drives most of the understaffing problems at U.S. nursing homes.
Speak With A Nursing Home Abuse And Neglect Attorney Today
If you believe that your loved one is suffering from medication errors or another form of neglect at their nursing home, contactBrown & Barron. Medication errors are a form of neglect or negligence and can be grounds for a lawsuit or insurance claim. Our team can work towards establishing liability. We can help you investigate the quality of care your loved one is receiving at their nursing home.
Don’t wait to get started on your case. In Maryland, thestatute of limitationsfor a nursing home case is almost always three years from the date of injury. In limited circumstances, when an injury is not immediately known, the statute can be extended to three years from the time the injury was discovered. However, even with this extension, the lawsuit must be filed within five years from the date of the negligence. If you miss this deadline, you can’t file a lawsuit. Call our offices for a free no-obligation case review.