Are nursing homes liable for medication errors?

Nursing Home Medication Mistakes Claim Lives

Nursing home residents are usually administered medication by trained medical personnel. However, even experienced professionals make mistakes. A patient could inadvertently be given the wrong medicine or an incorrect dosage of the correct medication.

Nursing home medication errors | Rhode Island Nursing Home Abuse Lawyer

Ways Medical Personnel Make Medication Mistakes

The nurse misreads a physician’s instructions

The patient consents to receive a medication without being informed of its side effects or potential for adverse interactions with other drugs

The nursing home fails to regularly or routinely disburse medication to a patient who cannot be reasonably expected to take the medication without supervision

The Most Common Types of Medication Errors

Use of expired prescription drugs

Administration of an incorrect or inappropriate dosage

Not following manufacturer instructions

Some medication errors involve patients’ unique characteristics and disabilities. These could include:

Instructing patients to eat before or after taking a medication without ensuring they follow through

Asking patients who have swallowing disorders to swallow a pill

Allowing a patient to crush or otherwise alter a medication that is intended to be swallowed whole

When an Oversight Is Considered Negligence

Nursing homes have a legal obligation to disburse medication in a reasonable and safe manner. If a nursing home and/or its employees fail to meet their duty of care to residents, it could be held liable for negligence. In Rhode Island, most medication error personal injury lawsuits must demonstrate the following:

The nursing home owned the resident a duty of care
The nursing home breached its duty of care by acting negligently
The nursing home’s negligence caused the medication error
The medication error resulted in injuries and other damages

An experienced nursing home abuse attorney may be able to help you and your family collect the evidence needed to show that the nursing home caused or contributed to your loved one’s injuries.

Evidence Needed to Win a Nursing Home Medication Malpractice Claim

Official registers of prescribed and approved medications
Medication orders and prescriptions
The nursing home’s individual patient charts
The nursing home’s hiring practices and policies
The nursing home’s medication disbursal and administration policies

If the nursing home negligently breached its duty of care by failing to take the reasonable measures necessary to ensure that patients receive safe and appropriate medications, they could be held liable for any resulting damages.

Potential Damages in an RI Medication Error Lawsuit

Rhode Island is one of several states that does not cap the damages available to medication error and medical malpractice victims. You and your family could receive compensation for damages, including:

Past, present, and anticipated medical expenses
Corrective surgery
Assisted living expenses
The income you lost from work to take care of or visit your loved one
Loss of enjoyment
Loss of companionship
Wrongful death
Funeral fees
Burial costs

Do You Believe Your Loved One Has Been Subjected to Nursing Home Abuse?

If you feel your loved one has been subjected to nursing home abuse or neglect you need to speak with an experienced nursing home abuse attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help clients in Providence, Warwick and all areas of Rhode Island.

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