Who’s Liable When a Nursing Home Resident Receives the Wrong Medication?

According to a 2022 study published in the National Library of Medicine, 91% of nursing home residents take more than five medications per day, and 65% of residents take more than 10 medications per day.

The sheer number of medications administered every day in nursing homes means that mix-ups can and do occur. These mix-ups can mean residents’ medications are switched, or that one resident gets another resident’s medication in addition to their own daily regimen.

Medications can help significantly improve health and quality of life in nursing home residents, but when residents receive the wrong medications, they can suffer serious complications that can quickly turn life-threatening.

In this blog, we’ll explore how these mix-ups happen, who can be held liable for them, and how our Atlanta nursing home negligence lawyers can protect residents’ rights after the fact. Our team is here to help residents throughout Georgia.

How Do Medication Mix-Ups Occur in Nursing Homes?

Medication errors in nursing homes can happen for many reasons, but they’re often due to a breakdown in proper communication and procedures. Common causes of medication mix-ups include:

  • Staffing Shortages and Overwork: When facilities are understaffed, nurses and aides may rush through medication rounds, increasing the likelihood of mistakes.
  • Poor Record-Keeping: Inaccurate charts or outdated medication lists can cause staff to administer the wrong drug or dosage.
  • Confusing Packaging: Similar-looking pills or packaging may cause staff to confuse one medication for another.
  • Failure to Monitor Residents: Some residents may be given medications without supervision, leading to missed doses, double doses, or even self-administered errors.
  • Untrained Agency Staff: Often times Nursing Homes use agency staff to meet the minimum staffing requirements but don’t take the time to train these temporary workers or to orient them to the residents that they will be caring for. This can lead to an agency staff member mistaking one resident for another or not understanding the physician’s orders for a particular resident. 

When facilities cut corners or fail to train their staff properly, these small mistakes can have devastating consequences for vulnerable residents.

Who Can Be Held Liable for Medication Mix-Ups?

Multiple parties may be responsible when a resident receives the wrong medication:

  • Nursing Home Staff: Nurses, aides, or other employees who administer medications incorrectly can be held liable if they were negligent during any part of the process.
  • The Nursing Home Facility: The nursing home facility’s owners and administrators can be held liable failing to properly train staff, supervise employees, or maintain safe staffing levels.
  • Pharmacists or Outside Providers: If prescriptions are filled incorrectly, mislabeled, or dispensed with unclear instructions, the pharmacists or pharmacies that provided the medications may be considered responsible.
  • Doctors or Prescribing Physicians: If they prescribe the wrong medication, fail to review medical histories, or overlook potential drug interactions, doctors can face liability for prescription drug injuries.

While liability depends on the circumstances, in most cases, the facility itself can also be held accountable for the actions of its employees. An experienced injury lawyer can help you determine who is legally responsible for your loved one’s medication injury.

What Are the Complications of Medication Mix-Ups?

With so many nursing home residents reliant on multiple daily medications, the effects of a medication mix-up can be devastating and even life-threatening. Possible complications residents may face after receiving the wrong medications can include:

  • Adverse drug reactions that cause severe illness or organ damage
  • Allergic reactions ranging from rashes to life-threatening anaphylaxis
  • Dangerous drug interactions when the wrong medication is given alongside others
  • Overdose or underdose consequences, especially with heart, diabetes, or blood pressure medications
  • Cognitive decline or behavioral changes that worsen a resident’s quality of life

For elderly residents with fragile health, even a single mistake can trigger long-term complications or premature death.

How Can a Lawyer Help My Family After a Medication Mix-Up?

If your loved one has been harmed by a medication error, an experienced Atlanta nursing home negligence lawyer at Prieto, Marigliano & Prieto, LLC, can:

  1. Investigate the Incident: We review medical records, prescription logs, and staff reports to identify where the mistake occurred.
  2. Gather Evidence of Negligence: We can obtain witness statements, facility policies, and expert medical opinions.
  3. Identify Responsible Parties: We determine whether the facility, a pharmacist, or a doctor played a role in the error.
  4. Build a Strong Case for Compensation: We calculate damages for medical expenses, pain and suffering, and loss of quality of life.
  5. Negotiate or Litigate on Your Behalf: We fight for accountability through settlement negotiations or even take the case to trial if necessary.

Having a lawyer on your side not only gives you peace of mind during this stressful time, but it also ensures that your family isn’t left to face powerful nursing home corporations or insurance companies alone.

Contact Our Atlanta Nursing Home Negligence Lawyers

If your loved one received the wrong medication in a nursing home, your family may be entitled to compensation for the harm it caused. At Prieto, Marigliano & Prieto, LLC, we are dedicated to holding negligent facilities in Georgia accountable and protecting the rights of vulnerable residents.

Don’t wait to get the answers your family deserves during this difficult time. Contact us today for a free consultation, and let us help your family pursue justice.

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