Medication abuse in a nursing home can take many forms. It may happen because of neglect, accidental errors, poor staffing, outdated care plans, or cruel intent. No matter why it happens, medication abuse can place vulnerable residents in serious danger.
When a nursing home resident is given the wrong medication, denied medication they need, overmedicated, or sedated for staff convenience, the consequences can be severe.
If your elderly loved one is being overmedicated, undermedicated, or otherwise harmed by medication abuse in a New Mexico nursing home, Sorey & Hoover, LLP can help. Call (903) 230-5600 today to speak with our team about a possible New Mexico nursing home medication abuse case.
What Is Nursing Home Medication Abuse?
Medication abuse occurs when a nursing home misuses, mismanages, withholds, or improperly administers medication to a resident. In some cases, the abuse is intentional. In others, it may result from understaffing, disorganization, poor training, or failure to update a resident’s plan of care.
Even if a medication error was not intentional, it should not be dismissed as a simple mistake that will never happen again. It is a nursing home’s job to properly care for residents.
Missed Medication Due to Neglect
Medication neglect can happen when a nursing home is severely understaffed. With too many residents to care for, staff members may forget to administer or hand out the medications residents need.
Even when unintentional, missed medication can be dangerous. Without proper medication, a resident’s condition can get out of control and worsen, leading to a decline in health, hospitalization, or early death.
Medication Errors and Wrong Dosages
Accidental errors often happen for the same reasons as neglect. When a facility is understaffed, workers may be forced to care for more residents than they can safely manage. Files can become mixed up, orders can be misread, and the wrong medication may be given to the wrong resident.
Even a common medication, such as blood pressure medicine, can be incredibly dangerous if administered to the wrong person or in the wrong dose. Medication mistakes can lead to illness, falls, emergency treatment, hospital stays, and sometimes death.
Intentional Overmedication and Chemical Restraints
Intentional medication abuse can occur when nursing homes give antipsychotic medications or sedatives to residents who are considered difficult to manage. Residents with dementia, PTSD, agitation, aggression, irritability, wandering behaviors, or other challenges may be medicated to control their behavior rather than to treat a legitimate medical condition.
This practice is especially concerning when medication is used for staff convenience. A resident who is heavily sedated may be easier for an understaffed facility to manage, but chemical restraint can rob the resident of dignity, alertness, mobility, and quality of life. It can also increase the risk of serious injury or death.
Why Medication Abuse Happens in Nursing Homes
Medication abuse often points to larger problems inside a nursing home. The issue may not be one isolated employee. It may be a facility-wide failure involving staffing, training, supervision, recordkeeping, and resident care planning.
Understanding what is behind medication abuse can help families recognize when a nursing home may be placing residents at risk.
Understaffing and Overworked Caregivers
Elderly people with dementia, PTSD, or behavioral issues can be challenging to manage. Difficult nursing home residents are sometimes sedated to make the job easier for overworked staff, particularly in facilities that do not have enough employees to provide proper supervision and care.
Understaffing can also lead to medication errors. When staff members are rushed, distracted, or responsible for too many residents at once, they may skip important checks, administer medication late, miss doses, or fail to monitor side effects.
Outdated or Inaccurate Care Plans
A resident’s plan of care is supposed to guide nursing home staff in providing proper care. It should include detailed instructions about the resident’s medical needs, medications, supervision requirements, and other important health information.
These plans should be updated and reviewed regularly. When nursing homes fail to update care plans, staff may rely on outdated information. This can make it easier to administer the wrong medication, give an incorrect dose, or fail to provide a medication the resident needs.
Poor Communication Between Staff and Providers
Medication safety depends on clear communication. Doctors, nurses, pharmacies, caregivers, and family members may all play a role in a resident’s care. If orders are not communicated properly, records are incomplete, or shift changes are rushed, medication errors can occur.
A resident may be especially vulnerable after a hospital stay, medication change, new diagnosis, or change in condition. Nursing homes must respond carefully when a resident’s needs change.
Federal Rules Against Chemical Restraints
Federal law strictly limits the use of chemical restraints in nursing homes. A chemical restraint generally involves using medication to control behavior or restrict a resident’s freedom of movement when the medication is not a standard treatment for the resident’s medical or psychiatric condition.
These drugs may not be used simply for discipline, staff convenience, or any other non-medical reason. They may only be used in limited circumstances, such as when a resident’s behavior creates a safety risk and less restrictive measures have been ineffective.
If these drugs are used at all, they should be used for a defined and limited period. They should also be stopped as early as possible. When a nursing home uses medication to keep a resident quiet, sedated, or easier to manage, the facility may be violating the resident’s rights.
Health Risks Linked to Nursing Home Medication Abuse
All medications carry risks, and those risks can increase dramatically when medication is administered incorrectly or given to someone who does not need it. Antipsychotic drugs can be especially dangerous for elderly residents with dementia.
The FDA has warned of an increased risk of mortality when elderly patients with dementia are treated with antipsychotics. Medication abuse can also increase the risk of falls, infections, medical decline, and loss of independence.
Potential risks associated with nursing home medication abuse include:
- Diabetes
- Pneumonia
- Blood clots
- Stroke
- Visual disturbances
- Cognitive decline
- Increased fall risk
- Overdose
- Dyskinesia, or involuntary muscle movements
- Hospitalization
- Death
When a loved one suddenly becomes lethargic, confused, weak, or withdrawn, families should not assume the change is simply part of aging. Medication changes, missed doses, overmedication, or improper administration may be involved.
Dangerous Medications When Misused in Nursing Homes
Any medication can be dangerous if it is administered improperly. Drugs have specific dosages, timing requirements, purposes, interactions, and side effects. However, some medications may be especially harmful when given incorrectly or to a resident who does not need them.
Insulin
Insulin errors can cause dangerous blood sugar changes. Too much insulin, too little insulin, or missed monitoring can lead to confusion, weakness, unconsciousness, hospitalization, or death.
Pain Medications
Pain medications can cause sedation, dizziness, breathing problems, confusion, dependency, or overdose when misused. Residents may also suffer if necessary pain medication is withheld.
Anti-Seizure Medications
Missed or incorrect anti-seizure medications can place residents at risk of seizures, falls, injury, and medical emergencies.
Antipsychotics and Antidepressants
Antipsychotics and antidepressants may be appropriate for some residents when properly prescribed and monitored. However, these drugs can be dangerous when used as chemical restraints or given without proper medical need.
High Blood Pressure Medications and Blood Thinners
Blood pressure medications and blood thinners require careful administration and monitoring. Mistakes can lead to falls, bleeding, stroke risk, or other serious complications.
Signs of Medication Abuse in Nursing Homes
It can be difficult to spot medication abuse, especially because family members are not present every time medication is administered. Many cases of nursing home abuse or neglect go unnoticed or unreported because residents may not understand what is happening or may be unable to communicate clearly.
Families should watch closely for changes in behavior, appearance, mood, or physical condition.
What Families Can Do to Protect a Loved One
Family involvement can make a meaningful difference in a nursing home resident’s care. While families cannot monitor every dose, they can ask questions, request records, and pay attention to changes.
Always stay involved in your loved one’s care. Ask for regular updates and reviews of the resident’s care plan. Be present during those reviews whenever possible. Ask staff what medications are being administered, why they are being given, who prescribed them, and whether there have been recent changes.
You should also never be afraid to seek a second opinion from a medical professional. Residents may not know that they are being given the wrong medication, that medication is being withheld, or that their medication is being administered improperly.
Who Is Liable for Nursing Home Medication Abuse?
A nursing home can be held legally responsible when negligence or abuse causes harm to a resident. If your elderly loved one has been the victim of medication abuse, you may be entitled to file a lawsuit against the facility.
A nursing home that accepts Medicare or Medicaid must follow federal regulations, including rules that restrict the use of chemical restraints. A facility that violates these rules or fails to administer medication safely may be liable for damages.
Potentially responsible parties may include:
- The nursing home facility
- Facility owners or operators
- Nurses or staff members
- Medical providers
- Pharmacies
- Corporate management companies
- Third-party contractors
Identifying the responsible parties requires a careful review of records, medication logs, care plans, staffing levels, and the resident’s medical condition.
Why You Need an Attorney for a Medication Abuse Case
When a resident is injured in a nursing home, it is not always clear how the injury occurred or who is responsible. Evidence may be incomplete, inaccurate, or written in a way that protects the nursing home. Families may be told that the resident’s decline was unavoidable, age-related, or caused by an existing condition.
An experienced nursing home medication abuse lawyer can investigate what happened, obtain and preserve evidence, identify responsible parties, build a strong case based on the facts, and hold the responsible parties accountable under the law.
Connect With Sorey & Hoover, LLP
Medication abuse in nursing homes is a serious matter. When elderly residents with dementia are overmedicated with antipsychotic drugs or other medications, it can rob them of their quality of life and increase their risk of serious injury or death.
If you suspect your loved one is a victim of medication abuse in a New Mexico nursing home, it is essential that you take action right away. Sorey & Hoover, LLP can help you ask the right questions, protect your loved one, and determine whether the nursing home may be responsible.
Call (903) 230-5600 today for a free consultation. We will answer your questions, even if we do not take your case.
