Federal law stipulates that “Outdated, mislabeled, or otherwise unusable drugs must not be available for patient use,” according to the Centers for Medicare & Medicaid Services (CMS). You can sue for the administration of expired prescriptions in nursing homes if you became injured as a result of this negligence. Nearly all nursing homes abide by federal regulations in order to receive government funding, which are usually doubly-backed by state laws.
Laws and regulations like these are set in place to provide nursing home residents with the best quality of life possible, which is the ultimate goal for long-term care facilities. When a nursing home resident requires medication, it is important for the medications to be administered as prescribed by a licensed physician.
Medication Needs in Nursing Homes
Nursing home residents are often prescribed medications to control symptoms of a variety of common chronic conditions. Some medical conditions may require temporarily administered medications, such as antibiotic treatment after suffering an infection, and other conditions might require medication for the rest of their lives. Nearly 85% of older adults have at least one chronic disease, according to the National Institute on Aging (NIA). Some common chronic conditions include the following:
- Heart Disease
- Cancer
- Stroke
- Diabetes
- Kidney Disease
- High Blood Pressure
- Chronic Pain
- Depression and Anxiety
- Dementia
Nursing home residents with one health condition may suffer from another at the same time, and the complications of treating them can grow with increasing age. This means an older person with a number of health conditions may be on several medications, like antibiotics, antihypertensives, cardiac or psychiatric medications, and pain relievers. We trust nursing homes to care responsibly for the prescribing and administration of medication to our loved ones.
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Legal Considerations for Medication Administration
Federal nursing home laws provide that each resident is entitled to a good quality of care, which ensures the best possible opportunity for life with dignity. Most nursing home residents will have a care plan that outlines their specific medication requirements.
Care plans for nursing home residents account for the following:
- Medical needs
- Nursing needs
- Psychosocial needs
Failing to administer medication correctly as prescribed by a doctor, or administering drugs that are ineffective or outdated could gravely affect the above needs of any nursing home resident. Each resident should be under the care of a physician, who prescribes directions for medication amounts, times, and other considerations.
Additional monitoring and help with medication may also be a part of the resident’s care plan. Certain family members and legal representatives can have a part in forming an individual’s health care plan, which is formalized with a written contract. Legal issues can arise with medication when a resident is improperly monitored, medication is not administered by a doctor’s orders, or when a resident suffers due to abuse or negligence from nursing home staff.
Seeking Legal Counsel for Expired Prescriptions in Nursing Homes
Working with a lawyer to address any concerns about your loved one’s care in a nursing home is a legal right. In addition, your loved one’s nursing home is assigned local representatives to investigate and report any suspected cases of abuse or negligence. However, you may seek to work with a lawyer to build a case.
Lawsuits concerning medication errors can be complicated, which is why you might not want to handle this type of case alone. Working with someone who understands the complicated laws surrounding nursing home care can simplify the entire process for you and your loved one.
Targeting Nursing Home Abuse Cases
Proceeding with a lawsuit against a negligent or abusive nursing home will involve thorough investigations of all liable parties. You may find that the case quickly becomes complex with all of the possible avenues of investigation. Fortunately, a lawyer can help determine the leading cause of your loved one’s medication errors and file the right claim:
- Personal Injury or Wrongful Death: This type of claim would pursue compensation for all costs related to the treatment of injuries that your loved one suffered. In cases where someone needlessly dies, a wrongful death claim can be made to hold liable parties accountable.
- Medical Malpractice: You could hold a negligent or abusive licensed medical professional accountable for administering expired medications.
- Breach of contract: Your loved one’s care plan may make a strong case for breach of contract legal battles.
- The claim types above are not the only kinds that can help nursing home residents and their families pursue legal compensation.
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Seeking Legal Counsel for Expired Prescriptions in Nursing Homes
You can sue for the administration of expired prescriptions in nursing homes. Working directly with a nursing home abuse lawyer can help build your case in ways you may not have thought possible. You might be able to fully understand your legal options and the consequences that liable parties can face when you work with a lawyer.
Contact the team at Ben Crump Law, PLLC for more information about getting started at 800-959-1444.
Call or text 800-712-9119 or complete a Free Case Evaluation form