In-depth studies of long term care facilities reveal that a huge number of residents will experience a medication error at some point during their stay, with past estimates suggesting around one in four (up to 27%) residents go through these preventable incidents. Even worse, more recent studies show that medication errors in nursing homes and assisted living facilities are on the rise!
Nursing home medication regulations exist to prevent these types of errors, but these regulations are only effective when they are followed correctly.
If you or a loved one recently experienced a medication error at a long-term care facility, then it’s time to get informed regarding your options and rights. Learn more about medication errors and how our team here at Singleton Law Firm can help you navigate a claim for compensation below.
What Are Medication Errors in Assisted Living Facilities?
Assisted living facilities and nursing homes exist to provide the medical and physical support dependent individuals need to survive and thrive. Medication errors happen when the staff members at these facilities fail to uphold their duty of care towards patients and make a mistake involving medication.
Definition and Examples of Medication Errors
Medication errors happen when a patient’s health needs are not met as a result of medication mismanagement. A few examples of medication errors include forgetting to give a patient their medication when needed, providing an incorrect dose, giving a patient the wrong medication, administering expired medicine, or combining medications that are dangerous together.
Consequences of Medication Mistakes for Residents
Medication mistakes can be extremely consequential for impacted residents depending on the circumstances and facts surrounding the error. In minor cases, medication mistakes might not cause any side effects, or they might lead to minor issues like dizziness or nausea. Serious cases, however, could cause patients to sustain a serious fall, suffer internal injuries, or even pass away as a result of the incident.
Nursing Home Medication Regulations: Federal and State Laws
Considering the potential severity of a medication error, it makes sense that the federal government and Georgia state have set out specific nursing home medication regulations to ensure residents receive safe and appropriate care.
One of the most general laws is that residents have the right to pursue a personal injury lawsuit against nursing homes that were negligent in protecting them from medication errors.
Key Federal Regulations
Nursing home medication regulations require long term care facilities to take reasonable steps to ensure the safety and care of their residents, including ensuring medication is properly stored, administered, and monitored. Staff must also respect a resident’s rights regarding their medication choices. The Omnibus Budget Reconciliation Act (OBRA) of 1987 specifically requires nursing homes to ensure residents are free from significant medication errors. The Federal Nursing Home Reform Act (FNHRA) also sets forth regulations that ensure residents are only given medication for treatment of medical symptoms, not for staff convenience or disciplinary reasons.
Georgia-Specific Assisted Living Facility Laws
The Georgia Department of Community Health is in charge of regulating assisted living communities in the state. The Healthcare Facility Regulation Division (HFRD) supports the department by upholding federal law and the state’s health regulations.
Things Nursing Homes are Not Allowed to Do
Under federal and state laws, there are specific actions nursing homes are prohibited from taking. One of the key things nursing homes are not allowed to do is overmedicate residents. Laws specifically state that medication should only be provided for a patient’s symptoms and never for disciplinary reasons or for the staff’s comfort. FNHRA also mandates that nursing homes ensure residents are free from unnecessary chemical restraints.
Nursing homes are also responsible for ensuring that medications do not adversely interact with each other or with the patient’s allergen requirements. Nursing homes are also obligated to respect and uphold a resident’s rights.
Medication Policy and Procedure for Assisted Living Facilities
When medication policies and procedures aren’t being followed, that could be a clear sign of nursing home neglect. If you suspect the facility isn’t following the law, then it’s best to report them and protect yourself or your loved one from harm.
Required Protocols for Safe Medication Administration
To ensure that medication is administered safely, facilities should first ensure their staff is adequately trained. Next, they should implement double-check systems that ensure each patient receives the right medication at the right time and at the right dosage. Facilities should also have an emergency response plan in the event errors do happen.
Role of Licensed Nurses vs. Unlicensed Staff
In Georgia, laws state that unlicensed staff can assist residents with self-administration of medication, but it’s important to note that they are not permitted to administer medication directly. To provide medication directly, staff must be appropriately trained and licensed.
Who is Liable for Medication Errors in Assisted Living?
If a medication error arises in an assisted living situation, then it’s important to get in touch with an attorney about determining who might be liable for the accident. In some situations, the pharmacist may be liable for making a filling error, and in other cases, the nursing home could be liable for medication mismanagement, failing to follow medication regulations, or inadequate staffing or training. Facility administrators could also potentially be liable in some situations.
The best way to determine who might be liable in your case is to go over all the specific details about your situation directly with an attorney.
Legal Options for Victims of Medication Errors
If you or a loved one was impacted by a medication error, then it’s important to fully research your legal options. If your loved one suffered an injury, then they can seek out a personal injury lawsuit against the nursing home or assisted living facility that failed to take proper care of your loved one. If your loved one suffered a fatal injury, then you can file a wrongful death claim.
These claims can help you recover financial compensation to cover losses like medical bills, increased care costs as a result of the injury, burial costs, pain and suffering, and more.
Filing a Complaint with Georgia State Agencies
To ensure that no one else gets harmed by the facility’s negligence, it might be a good idea to file a complaint with Georgia state agencies who will investigate the situation further. For a medication complaint, you’ll want to call 1-800-878-6442 to get in touch with the Georgia Department of Community Health.
Pursuing a Nursing Home Neglect Lawsuit
On top of that, it might be best to contact a nursing home or assisted living abuse lawyer to determine whether seeking out a claim for compensation would be in your best interests. This type of claim could help you cover costs associated with your losses.
Compensatory Damages (Medical Costs, Pain and Suffering)
If the facility is determined to have acted negligently, then they’ll be responsible for paying your compensatory damages. These damages could come in the form of medical expenses, a loss of quality of life, pain and suffering, and other costs incurred as a result of the medication error incident.
Punitive Damages for Gross Negligence
In some rare cases when the negligence was extreme or intentional, you may be able to seek out punitive damages. These damages are on top of compensatory damages, and they’re meant to punish the offender rather than reimburse you for your losses.
How an Attorney Strengthens Your Case
The right lawyer will make sure your case is solid before presenting it to the other party. They’ll collect all the evidence and documentation you need to fully prove what happened, who was negligent, the extent of the injury, and the total value of your losses. The right lawyer will strive to ensure you’re 100% compensated for every loss you endured.
Frequently Asked Questions About Medication Errors
Do you have more questions about medication errors? While an attorney can give you the most accurate advice about your situation directly, we’ll go over some broad answers to some of the most commonly asked questions below.
Can I Sue for a Medication Error in an Assisted Living Facility?
Yes, if you or a loved one was injured due to a medication error, then you could have a claim for compensation.
How Do I Report a Violation of Nursing Home Medication Regulations?
You can report a violation to the Georgia Department of Community Health’s Healthcare Facility Regulation Division by calling 1-800-878-6442.
What is the Statute of Limitations in Georgia?
In Georgia, you have up to two years from the date of the injury to file a medication error claim.
Protect Your Loved One’s Rights Today
The best way to protect your loved one’s rights after a medication error is to hire an assisted living facility or nursing home abuse attorney. The right attorney will ensure you’re fully informed regarding your rights and options.
Steps to Take After a Medication Error
After a medication error, first get the medical treatment necessary to heal. Once you’ve done so, reach out to an attorney to determine your options. If you have a claim, then your next steps will involve collecting the right evidence and getting started on a claim.
Why Hire a Georgia Assisted Living Abuse Lawyer
Nursing home medication regulations require long term care facilities to take reasonable steps to ensure the safety and care of their residents. While mistakes happen, a medical error that rises to the level of negligence is a serious deal that could result in a lawsuit.
A Georgia assisted living abuse lawyer can help you determine if it’s worth your time and effort to pursue a claim depending on the circumstances of your situation.
Attorney Don Singleton has been advocating for injured individuals throughout Atlanta for over 30 years. His team’s leading paralegal, Lisa Neely also has 30+ years of administrative experience handling personal injury claims. That said, our team is fully prepared to help your family navigate your medication error claim.
Contact us now to discuss your situation in more detail with one of our leading attorneys.
