Medication Mistakes in Michigan Nursing Homes

Medication mistakes in Michigan nursing homes are a major problem.  Families of residents trust that their loved ones are being well cared for by the nursing home facility.  When a medication mistake causes harm to a resident, the facility and staff must be held accountable for their negligence.

If your loved one has been subject to a medication error in a care facility, a knowledgeable and tenacious lawyer familiar with medication mistakes in Michigan nursing homes could help. By working tirelessly to establish fault and calculate loss, a compassionate attorney at The Buckfire Law Firm will be a valuable ally through each step of the lawsuit process.

• Standards of Care for Giving Medication
• Common Medication Mistakes in Nursing Homes
• Time Limits for Filing a Claim
• Contact a Michigan Medication Mistake Lawyer

Most Nursing Home Residents Require Medications

Most nursing home residents rely on one or more medications to sustain their health or quality of life. When administered correctly to the right resident, the medications are generally safe and serve a valid purpose. However, when they are not administered as they should be, are given to the wrong resident, or are withheld against a doctor’s order, elderly residents may suffer greatly.

Medication safety is the responsibility of doctors, pharmacists, nurses, and other ancillary staff in nursing homes. Each one of them owes a duty of care to each nursing home resident, especially regarding the medications they receive or do not receive.  When an error occurs, there may be a basis for a medication mistake lawsuit.

Standards of Care for Giving Medication

Among other duties, nursing home staff must give their residents medications as prescribed by their physician. Therefore, a medication mistake arises when a drug is withheld or not given according to a set of standards. Essentially, each medicine must be given in accordance with the right:

• Patient
• Drug
• Dose
• Time
• Route
• Documentation

To ensure these safe practices, nursing facilities should have several systems in place—such as pictures of the residents on their charts and the requirement that certain medications be checked by two staff members—to help avoid dangerous mistakes. If a resident refuses or is unable to take a medication, it should be documented in the medication administration record (MAR) accordingly. This way, it is clear to see why the resident did not receive their medication or received it late.

Common Medication Mistakes in Nursing Homes

A recent medical study outlined the most common types of medication errors in long-term care facilities.  These include:

• Staff not monitoring the resident after giving the medication
• Following the wrong med pass routine
• Giving expired medications
• Skipping a dose of medication
• Giving too many pills or too high of a dose of a drug
• Giving the medication at the wrong time or at the wrong rate
• Giving the wrong form of the medication, the wrong strength
• Providing the resident with wrong medication, including one that was intended for another patient
• Using an incorrect med administration technique

When a medication error occurs, a resident might face severe medical consequences.  Residents can have adverse reactions, suffer irreversible harm, and even die from a medication error.   Residents and their families should hire an experienced Michigan nursing home attorney to pursue a case in the event of a harmful mistake.

Time Limits for Filing a Claim

It is important for the families of nursing home residents to understand the state’s statute of limitations for filing a claim. As per Michigan Compiled Laws § 600.5805, there is a two-year time limit set on any claim arising from medication mistakes in Michigan nursing homes.

While exceptions might exist to this timeline, adhering to this deadline is advisable. To this end, a Michigan attorney will work with an elderly resident and their family to pursue a timely claim that satisfies the statute of limitations.

Medication Mistake Case Study

An 80-year-old woman was admitted to a Michigan assisted living facility. Seven days after her admission, her family was contacted and told their mother unexpectedly passed away. This was a shock to family members who visited her just days before and did not observe her to be ill.

Two days after her death, her daughter received a phone call from an unidentified staff member advising her that her mother was overdosed on morphine by an inexperienced aide. Without that phone call, the true cause of death would not have been known.

The Buckfire Law Firm further investigated the case and pursued claims for the family. After several mediations, we obtained a significant settlement for a confidential amount of money.

Contact a Michigan Medication Mistake Lawyer

If your loved one suffered adverse side effects or a decreased medical condition due to a staff member’s neglectful practices, seeking legal counsel might be beneficial. A lawyer who is well-versed in claims arising from medication mistakes in Michigan nursing homes will help to explain your rights, assess your legal options, and guide you through each step.

To begin taking legal action, reach out to a legal professional at The Buckfire Law Firm today!

We do not charge any legal fees unless you receive a settlement! And, it costs nothing to start your case.