A medication error in a nursing home constitutes negligence when a resident is harmed due to the facility or its staff failing to meet the accepted standard of medical care.
This breach of duty, often addressed in a nursing home medication error lawsuit, refers to a healthcare provider’s careless action or mistake that a reasonably prudent professional would not have made under similar circumstances.
Insights from a medication error lawyer during a free case evaluation can help families understand their rights and the complexities of proving that a preventable error led to their loved one’s suffering.
Unsure what caused your loved one’s medical issues in a Baltimore nursing home? Steven H. Heisler, The Injury Lawyer, is ready to help.
Call (410) 625-4878 or complete a brief online form to learn about your rights and explore your legal options.
Key Takeaways About Nursing Home Medication Error Lawsuits in Baltimore, Maryland
Defining negligence: A medication mistake transitions from a simple error to legal negligence when it breaches the professional standard of care and directly causes harm, injury, or wrongful death to a resident.
Proving the case: A successful claim requires demonstrating that the nursing home had a duty of care, breached that duty through a medication error, and that this breach directly resulted in quantifiable damages, such as additional medical bills or pain and suffering.
Maryland’s legal framework: In Maryland, cases involving nursing home negligence are often guided by specific statutes, including the Health Care Malpractice Claims Act. A lawyer can help navigate these laws to build a strong case for compensation.
Statute of limitations: Maryland law sets a time limit for filing a claim. Generally, a lawsuit for injury or wrongful death must be filed within three years from the date of discovery or five years from the date the injury occurred, whichever is sooner.
Common warning signs: Families should be alert for warning signs of medication errors, such as sudden changes in a resident’s physical or cognitive condition, the appearance of new, unexplained symptoms, or discrepancies in medication records.
What is the Standard of Care in Nursing Homes?
Every nursing home has a fundamental legal and ethical obligation to provide competent care to its residents. This obligation is commonly referred to as the “standard of care.”
Think of it as the baseline level of skill and attention that a reasonably careful healthcare facility and its staff should provide. When it comes to medication, this standard is quite high.
Nursing home medication administration involves more than just handing out pills. It requires a systematic approach to ensure safety and accuracy:
- Verifying the correct resident, medication, dose, and time.
- Administering the drug via the proper route (e.g., oral, injection).
- Documenting every dose given in the resident’s medication records.
- Monitoring residents for side effects or adverse reactions.
- Communicating effectively with the prescribing physician.
When a facility or its staff deviates from these established nursing home medication protocols and a resident is harmed, it’s not just a mistake. It is a failure to meet the standard of care, which is the foundation of a personal injury negligence claim.
Common Medication Errors That May Constitute Negligence
While any mistake is concerning, some medication errors are more likely to cause serious harm and form the basis of a nursing home negligence case.
Recognizing these situations is the first step toward understanding if you have grounds for legal action:
Wrong dosage: Giving a resident too much or too little of a prescribed medication can have severe consequences. An overdose can be toxic, while an underdose can leave a serious medical condition untreated.
Wrong medication: Administering a drug intended for another resident or a completely incorrect medication can lead to dangerous drug interactions or allergic reactions.
Missed doses: Consistently failing to administer medication as scheduled can worsen a resident’s condition. For conditions like diabetes, heart disease, or Parkinson’s, a missed dose can be life-threatening.
Improper administration: Some drugs must be given with food, on an empty stomach, or crushed. Failing to follow these specific nursing home medication guidelines can reduce a drug’s effectiveness or cause harmful side effects.
Failure to monitor: After giving a new medication, staff have a duty to watch for adverse reactions. Failing to monitor a resident who then suffers a severe allergic reaction could be seen as negligence.
Documentation failures: Inaccurate or incomplete nursing home medication records can lead to double-dosing or missed doses. Proper documentation is a critical part of safe medication management.
These errors often stem from systemic issues within a facility, such as understaffing, inadequate training, or poor communication. Identifying the root cause is a key part of investigating a potential nursing home abuse or negligence claim.
Who is Liable for Medication Errors?
Determining liability for medication errors can be complicated, as several parties may share responsibility. The goal of a legal investigation is to pinpoint exactly where the breakdown in care occurred.
Nursing Home Staff Liability
Nurses and certified medication aides are on the front lines of medication administration.
If they make an error due to carelessness, distraction, or failure to follow procedures, they can be held directly responsible.
This includes failing to check a resident’s ID bracelet, misreading a doctor’s order, or neglecting to record a dose.
Facility-Level Liability
Often, the nursing home itself is liable for the actions of its employees under a legal principle known as “respondeat superior,” which translates to “let the master answer.” The facility can also be held liable for its own negligence, such as:
Negligent hiring: Hiring staff without proper credentials or background checks.
Inadequate staffing: Not having enough qualified nurses to safely care for all residents.
Insufficient training: Failing to train staff on proper medication administration protocols.
Poor policies: Lacking clear and effective nursing home medication management systems.
In some situations, the prescribing physician or the pharmacy that filled the prescription could also bear some responsibility. A thorough investigation is needed to uncover all contributing factors.
Why Legal Representation Matters in Nursing Home Medication Error Claims
Proving negligence in nursing home medication error claims is a complex process that requires gathering and analyzing strong evidence.
Each piece of evidence plays a critical role in building a compelling case and demonstrating how the error caused harm.
However, collecting the necessary evidence demonstrating negligence isn’t always easy, as these cases often involve intricate medical and legal details:
Medical records are the foundation of any claim. A detailed review of the resident’s chart, doctor’s orders, and nursing home medication administration records can uncover discrepancies, missed doses, or other errors that contributed to the harm.
Witness testimony can provide valuable context. Statements from family members, other residents, or even whistleblowing staff members can shed light on what happened and support the claim.
Photographs and videos can document the harm. Visual evidence, such as pictures of rashes, bed sores, or other visible effects of a medication error, can be a powerful tool in illustrating the impact of negligence.
Facility policies and procedures can reveal systemic issues. Reviewing the nursing home’s internal policies on medication administration can reveal whether staff adhered to their own guidelines or if lapses in protocol contributed to the error.
Interpreting and presenting this evidence effectively requires a deep understanding of both medical and legal standards.
A legal professional experienced in nursing home medication error claims can help families navigate these challenges, ensuring that no critical detail is overlooked.
By seeking legal guidance early, families can strengthen their case and work toward securing the maximum compensation available under the law.
What Kind of Compensation Is Possible?
When a medication error results in a successful negligence claim, the settlement or award is intended to compensate the resident and their family for the harm they suffered.
While no amount of money can undo the damage, it can help cover the financial burdens caused by the negligence and provide a sense of justice.
The damages in a nursing home medication error settlement may cover:
Medical expenses: Costs for hospitalization, additional treatments, and rehabilitative therapy necessary to correct the harm caused by the error.
Pain and suffering: Compensation for the physical pain, emotional distress, and loss of enjoyment of life the resident experienced.
Wrongful death: If the medication error was fatal, a nursing home medication error wrongful death claim could be filed. This may include compensation for funeral expenses, loss of companionship, and the family’s emotional suffering.
Each case is unique, and the potential compensation depends on the severity of the injury, the extent of the negligence, and the total financial impact on the resident and their family.
Baltimore Nursing Home Medication Error Personal Injury Claim FAQs
What should I do if I suspect a medication error?
Start by addressing your loved one’s immediate health needs. Once their condition is stable, reaching out to an attorney who handles nursing home negligence cases can help you take the right steps to protect their rights. They can guide you in documenting the situation and identifying potential evidence for a claim.
How can I prove that the medication error caused harm?
Establishing the connection between a medication error and the harm it caused requires a thorough review of medical records and input from medical experts. A personal injury lawyer can coordinate this process, ensuring the evidence is presented effectively to support your case.
Can I file a claim if my loved one has passed away?
If a medication error led to your loved one’s death, pursuing a wrongful death claim may be an option. An attorney experienced in these cases can help you navigate the legal process, meet filing deadlines, and seek justice on behalf of your loved one’s estate.
Are medication errors common in nursing homes?
Medication errors occur more frequently than many realize, often due to issues such as understaffing or inadequate training. A lawyer can help determine whether the error in your loved one’s case was preventable and whether it meets the legal standard for negligence.
Hold Nursing Homes Accountable with the Help of Steven H. Heisler, The Injury Lawyer
Watching a loved one suffer due to a preventable mistake is deeply upsetting. When medication errors cross the line into negligence, it’s possible to hold the responsible parties accountable and seek justice for the harm caused.
If you’ve noticed unexplained changes in a family member’s condition that could be linked to a medication error, taking action quickly can make all the difference.
An attorney experienced in nursing home negligence cases can clarify your legal options, help gather the evidence needed to build a strong claim, and work toward securing the compensation your family may be entitled to under Maryland personal injury law.
Contact Steven H. Heisler, The Injury Lawyer, online or at (410) 625-4878 to discuss your case with someone who knows how to fight for the justice and compensation your loved ones deserve.