One of the primary reasons you may have made the difficult decision to place your loved one in a nursing home care facility is that they require assistance with managing their necessary daily medications, which your schedule does not permit you to support effectively. But when you go to visit your loved one at their facility, you may notice their odd behaviors, such as confusion, drowsiness, respiratory struggles, or a rapid health decline. This may lead you to question whether the facility staff is executing their due diligence in providing your loved one with the correct medication. With that being said, please continue reading to learn whether a medication error is considered a form of nursing home neglect or abuse and how an experienced New York City medication error attorney at Mark L. Bodner, P.C., can step in if your loved one has been made the wrongful victim of such.
What counts as a medication error in a nursing home?
There are many moving parts in running a nursing home care facility, and the smallest misstep may prompt a medication error. The following are instances of what legally counts as such:
- Administering the wrong type of medication to a resident.
- Administering the wrong dosage of medication to a resident.
- Administering a medication at the wrong time to a resident.
- Administering a new dose of medication too late to a resident.
- Administering a discontinued or recalled medication to a resident.
- Administering a medication without food, without crushing the pill, etc., to a resident.
What medication errors are considered nursing home neglect or abuse?
Even if a nursing home care facility staff member accidentally makes a medication error, it is treated legally as negligence or neglect. To reiterate, they have a duty of care to safely administer, monitor, and document your loved one’s medications, according to basic medication protocols and other standards upheld by the overarching medical community. With this, you may file a medical malpractice claim against the facility. But if it is uncovered that there was intent behind a staff member’s actions, this may constitute nursing home abuse, with which they may face criminal consequences, along with having to pay for your claimed damages. Without further ado, below are examples of when a medication error is considered negligence versus abuse:
- A medication error may be deemed nursing home neglect if:
- A staff member skips your loved one’s room during daily medication rounds.
- A staff member improperly fills out your loved one’s chart with their health history.
- A staff member may fail to monitor your loved one after giving them a new medication.
- A medication error may be deemed nursing home abuse if:
- A staff member overdoses your loved one with sedatives to make them easier to manage.
- A staff member intentionally withholds medicine from your loved one as a form of punishment.
- A staff member may administer a medication that your loved one has consciously refused to take.
The time to act is now. Please prioritize scheduling an initial consultation with a skilled New York City hospital negligence attorney from Mark L. Bodner, P.C. We would be honored to represent you in your legal case.