Medication management is one of the most critical responsibilities of nursing homes. When medication errors occur, they can lead to severe health complications or even the wrongful death of your loved one. Medication errors are not simple accidents. They are often the result of systemic negligence, inadequate policies, and a disregard for patient safety. Understanding the root causes, warning signs, and legal obligations surrounding medication errors is essential in holding negligent nursing homes accountable. 

Causes of Medication Errors in Nursing Homes

Medication errors in nursing homes often stem from a dangerous combination of poor management, understaffing, and a lack of proper training. These errors include, but are not limited to: 

• Negligent Administration. Administering the wrong medication, giving incorrect dosages, or missing doses altogether can have serious health consequences. Nursing homes must ensure that medication is given exactly as prescribed by a physician. 
• Lack of Proper Training. Nursing home staff members, particularly those responsible for dispensing medication, must be adequately trained. When facilities cut corners on training, residents pay the price. 
• Understaffing and Overworked Employees. Many nursing homes operate with insufficient staff, leading to rushed medication administration, overlooked dosages, and failure to track medication schedules properly.
• Failure to Recognize Drug Interactions and Side Effects. Some residents are on multiple medications that require careful monitoring. A failure to check for adverse drug interactions or properly assess side effects can cause severe health complications. 
• Poor Documentation and Record-Keeping. Nursing homes must maintain accurate records of medication administration. When records are incomplete or falsified, it becomes nearly impossible to ensure residents are receiving proper treatment. 
• Neglect of Individualized Care Needs. Every resident has unique medical conditions and requirements. When nursing homes fail to tailor medication management to each resident's needs, dangerous oversights occur. 

Signs of Medication Errors: What Families Should Watch For

Visiting your loved one often is crucial to ensuring their wellbeing and safety in a nursing home, including watching for signs that your loved one may have suffered from a medication error. Potential indicators include:

1. Sudden, Unexplained Changes in Health: If a resident experiences an unexpected decline in health, it may be due to a missed dose, overdose, or adverse drug reaction. 

2. Increased Confusion or Unusual Behavior: Some medications impact cognitive function. If a loved one suddenly appears disoriented, overly sedated, lethargic, or agitated, it could signal a medication issue. 

3. Unexplained Falls or Injuries: Overmedication, incorrect drug administration, or drug interactions can lead to dizziness and falls. 

4. Worsening of Existing Medical Conditions: If a resident's condition deteriorates without explanation, it could be due to improper medication management. 

5. Discrepancies in Medication Packaging or Labels: If you notice inconsistencies in prescribed medications, dosages, or labels, it may indicate negligence. 

Preventing Medication Errors in Nursing Homes

Nursing homes must implement strict protocols to prevent medication errors. These essential safeguards may include: 

• Strict Adherence to Physician Orders. Medications must be administered precisely as prescribed, without unauthorized changes or omissions. 

• Implementation of a Double-Check System. Nursing homes should require at least two qualified health professionals to verify medications before administration to catch potential errors, and the double check should be conducted independently by both individuals.

• Routine Medication Audits. Regularly scheduled audits can help identify discrepancies and ensure compliance with safety protocols. 

• Comprehensive Staff Training and Supervision. Nursing home staff must undergo continuous education on proper medication administration, recognizing drug interactions, and documenting dosages accurately. 

• Adequate Staffing Levels. Facilities must maintain sufficient staffing levels to ensure medications are given correctly and on time, without rushed or careless administration.  

Legal Accountability: Wisconsin and Federal Laws on Medication Safety in Nursing Homes

Nursing homes have a legal and ethical obligation to ensure the safe administration of medications. Both Wisconsin and federal laws establish regulations to protect residents from medication-related harm. 

Wisconsin Law

Under Wisconsin Administrative Code DHS 132, nursing homes must:

• Properly store, label, administer, and document all medications.
• Ensure medications are given only by authorized personnel.
• Monitor residents for potential side effects and adverse reactions.
• Maintain accurate records and follow physician-prescribed dosages without deviation.
• Document and report medication errors and suspected or apparent drug reactions as soon as discovered. 
• Develop and follow policies and procedures designed to provide safe and accurate medication administration. 

Federal Law

At the federal level, the Nursing Home Reform Act requires that nursing homes receiving Medicare and Medicaid funding must:

• Provide residents with the necessary pharmaceutical services to ensure their wellbeing. 
• Employ licensed healthcare professionals to manage medication administration.
• Conduct periodic reviews of drug regimens for each resident to prevent unnecessary or inappropriate prescriptions. 
• Protect residents from avoidable harm caused by medication errors or adverse drug reactions. 

Holding Wisconsin Nursing Homes Accountable

Medication errors in nursing homes are not minor oversights. They are serious breaches of duty that can cause significant harm, suffering, or even wrongful death. If your loved one has been affected by a medication error in a Wisconsin nursing home, you may have legal recourse. 

Lojewski Abuse & Injury Law is dedicated to holding negligent facilities accountable. Wisconsin Nursing Home Abuse Attorney Kristen Lojewski fights for justice on behalf of nursing home residents and their families, ensuring that negligent facilities face consequences for their actions. If you suspect a medication error has harmed your loved one, contact Kristen today to Be Seen, Be Heard, Be Safe, and Be Championed.