A mistake with medication in a nursing home can have serious consequences. If your family member was harmed because of a medication error, you are probably wondering how to seek justice.
If a nursing home medication error injures your loved one, you should take them to a doctor, report the incident, and contact an attorney to discuss next steps.
If your loved one suffered harm because a nursing home gave them the wrong medication, administered the wrong dosage, or failed to provide prescribed medicine, you have the right to take legal action. A Tampa medication error lawyer can gather evidence that supports your case and help you obtain fair compensation.
What Should You Do If a Nursing Home Medication Error Injures Your Loved One?
Learning that your loved one was harmed by a medication mistake in a nursing home can be distressing.
Once you receive the news, it’s important to:
- Take your relative to a doctor: If your loved one is experiencing serious symptoms, seek emergency medical care right away.
- Report your concerns: If you suspect nursing home neglect, you should notify the nursing home’s director of nursing or facility administrator.
- Ask for a complete explanation: Request that the nursing home explain what happened, including which medication was involved, when the error occurred, and who administered it.
- Document everything: Keep copies of medication records, hospital records, physician reports, discharge paperwork, photographs, and any written communications with the nursing home.
- Write down what you observe: Record changes in your loved one’s physical condition, mental state, appetite, mobility, or behavior.
- Request medical records: Nursing homes maintain medication administration records (MARs), physician orders, nursing notes, and incident reports that may help determine how the mistake occurred.
- Avoid signing documents: The facility may ask you to sign statements or accept explanations before the full extent of your relative’s injuries becomes clear. Don’t sign anything until you talk to a lawyer.
- Speak with an attorney: Our lawyers can investigate the circumstances surrounding the medication error, identify the at-fault parties, and determine whether your family has grounds for a legal claim.
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How Long Do You Have to File a Nursing Home Medication Error Claim in Florida?
In Florida, you generally have two years from the date you discovered (or reasonably should have discovered) your loved one’s injury to file a personal injury or medical malpractice lawsuit. In cases involving medical malpractice, you cannot file a claim more than four years after the date the medication error happened, regardless of when you discovered it.
If the nursing home or staff intentionally hides, alters, or conceals medical records to hide the error, the filing deadline for your nursing home neglect claim can be extended up to seven years. Lastly, if the medication error causes fatal injuries, you have two years from the date of your relative’s death to file a wrongful death lawsuit.
Signs Your Loved One Was Injured By a Medication Error
Potential warning signs of nursing home medication errors include:
- Sudden confusion
- Unusual drowsiness
- Loss of consciousness
- Difficulty breathing
- Severe dizziness
- Unexplained falls
- Rapid changes in blood pressure
- Irregular heartbeat
- Seizures
- Skin rashes or allergic reactions
- Unexpected weight loss
- Agitation
- Hallucinations
- Significant changes in behavior
- Hospitalization without a clear explanation
- A rapid decline after a medication change
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What Is Considered a Nursing Home Medication Error?
A medication error occurs whenever a nursing home resident does not receive medication exactly as prescribed or receives medication that should never have been administered.
Examples include:
- Giving the wrong medication
- Administering the wrong dosage
- Giving medication to the wrong resident
- Failing to administer prescribed medication
- Administering medication at the wrong time
- Giving medication despite known allergies
- Failing to monitor a resident for dangerous side effects
- Mixing medications that interact negatively
- Crushing medications that should not be crushed
- Continuing medication after a resident’s physician discontinued it
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Common Causes of Nursing Home Medication Errors
Most medication errors are preventable. Some of the most common causes include:
- Understaffing: Overworked nurses and caregivers may rush through medication rounds or fail to double-check prescriptions.
- Poor staff training: Employees who are not properly trained may misunderstand physician orders or fail to recognize medication interactions.
- Communication breakdowns: Miscommunication between physicians, pharmacists, nurses, and caregivers can result in incorrect medication administration.
- Failure to follow procedures: Nursing homes should have safeguards in place for identifying residents and verifying medications before administration.
- Inadequate supervision: Facilities that fail to properly supervise staff may allow repeated mistakes to occur.
- Incomplete medical records: Missing or outdated records can cause staff to administer discontinued medications or overlook allergies.
- Pharmacy errors: In some cases, an outside pharmacy fills a prescription incorrectly.
Who Is Liable for a Nursing Home Medication Error?
Liability for a medication error depends on how the mistake occurred. More than one individual or organization may share responsibility.
Potentially liable parties include:
- Nursing home staff: Nurses, licensed practical nurses, certified nursing assistants, and caregivers who improperly administer medication may bear responsibility.
- The nursing home: Facilities may be liable if inadequate hiring, supervision, staffing, or training contributed to the error.
- Treating physicians: A doctor who prescribes an inappropriate medication or incorrect dosage may be responsible.
- Pharmacies: Dispensing the wrong medication or incorrect dosage can shift liability to pharmacies.
- Management companies: Some nursing homes are operated by larger corporations whose staffing policies and operational procedures can contribute to injuries.
Consult a Medication Error Attorney
While no amount of money can undo the harm caused by a medication error, a legal claim can help you hold the at-fault parties accountable. If your relative was harmed because of a medication-related mistake, an experienced medication error attorney from Distasio Law Firm can investigate the incident, assist with your claim, and help you recover a fair settlement.
Distasio Law Firm is not a settlement mill. If we take on your case, you will have access to your attorney, who will answer your questions and provide guidance throughout the legal process. Schedule a free case evaluation to find out how we can help you pursue justice.
Call or text (813) 259 0022 or complete a Free Case Evaluation form