Nursing Home Medication Errors Attorney in the San Francisco Bay Area

Preventable medication errors in assisted living facilities and nursing homes are a major issue. Even minor medication-related mistakes can lead to life-threatening complications. If you or a loved one has been affected by such an oversight, contact Susan Kang Gordon, a Professional Law Corporation, to seek accountability.
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Advocating for Senior Victims of Medication Errors

‍At Susan Kang Gordon, a Professional Law Corporation, we’re committed to supporting victims of medication errors with genuine care and tenacity. We devote personalized attention to each case, ensuring that we deeply understand and address our client’s unique needs.

Our approach involves thoroughly investigating each incident to gather compelling evidence, which enables us to build robust legal arguments. In 2021, our determination helped us to win a $13.5 million verdict for one of our clients, showcasing our ability to achieve justice and fair compensation.

With a proven record of success and an unwavering focus on justice, we stand by our clients at every step, advocating fiercely to protect their rights and well-being.
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$13.5 Million
Jury Verdict 2021
Balance
$6 Million
Jury Verdict 2021
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Over $40 Million
Recovered for Families
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Medication Errors and Their Prevalence in Nursing Homes

The use of prescription drugs varies significantly across age groups in the U.S. Approximately 66% of all adults use at least one prescription drug. This figure rises to 67%–83% among those aged 50–64 and 85%–89% for seniors 65–79. It peaks at 90%–92% for those who are 80 and older.

Medication errors are preventable events that occur when a patient receives incorrect treatment due to mistakes in prescribing, dispensing, or administering medication.

These errors are particularly concerning in nursing homes, where residents often take multiple medications daily. The average nursing home resident is prescribed seven to eight medications, yet many facilities struggle to maintain a medication error rate below the recommended 5%.

Studies have shown that up to 27% of nursing home patients have experienced medication errors, a number that’s likely underreported. Furthermore, approximately 1.5 million people are harmed by medication errors annually in the United States, with an estimated hundreds of thousands of deaths resulting from these errors each year.

Types of Nursing Home Medication Errors

Medication-based errors can stem from various causes, all of which are preventable with proper training, care protocols, and vigilance. Here are the most common types of medication errors found in nursing homes:

Knowledge-Based Errors

Staff members may not know the correct dosage, potential drug interactions, or patient allergies, leading to improper medication administration.

Memory-Based Errors

Caregivers might forget to administer medication at the correct time or overlook critical patient information, such as allergies or contraindications.

Rule-Based Errors

These mistakes occur when staff members fail to follow established medication administration protocols, such as injecting medication in the wrong part of the body.

Action-Based Errors

Mistakes like picking up the wrong medication or misinterpreting instructions can lead to serious health issues.

Prescription Errors

Prescription errors can take many forms, including:

  • Misdiagnosis: Incorrectly diagnosing a condition, resulting in an inappropriate prescription.
  • Filing Errors: Mixing up the names of drugs or approved combinations.
  • Overlooking Medical History: Failing to consider drug interactions based on a patient’s history.

These blunders are particularly common, so caregivers need to be attentive when prescribing and administering medication and seek further guidance where there’s uncertainty as to the best course.

Dispensing Errors

Sometimes, pharmacists might dispense the correct drug but in the wrong dosage or form, such as 1,000 mg instead of 500 mg.

Administration Errors

There are also numerous types of administration errors to watch out for, such as:

  • Incorrect Method: Administering a drug incorrectly, such as giving a pill meant to be taken sublingually (under the tongue) orally.
  • Timing Issues: Giving medications too early or too late, diminishing their effectiveness.
  • Preparation Mistakes: Incorrectly formulating or diluting a medication.

Since nursing home staff members are primarily responsible for administering patient medications, it falls to them to be precise regarding timing, method, and preparation.

Intentional Abuse

In rare cases, staff may intentionally overdose residents or administer drugs to keep them sedated for easier management.

Contact a Lawyer for Nursing Home Medication Errors

Even minor medication errors could harm your loved one’s well-being or threaten their life. Connect with Susan Kang Gordon, a Professional Law Corporation, to protect your rights and pursue fair and adequate compensation for careless oversights.

Call our office at 510-405-0682 to set up a free, confidential consultation.

Causes of Medication Errors in Nursing Homes

Medication errors can happen for any number of reasons. However, they’re typically linked to human errors and deficiencies within the workplace environment. Understanding the underlying causes is critical for preventing future errors and ensuring the safety of residents.

Common contributing factors include:

  • Staffing Shortages: Chronic understaffing leads to overburdened employees who may rush certain tasks, increasing the likelihood of errors.
  • Inadequate Training: Insufficient or irregular training on medication protocols can leave staff ill-prepared to administer drugs safely.
  • Delegation to Unqualified Personnel: Allowing non-licensed staff to handle medications raises the risk of major errors.
  • Communication Breakdowns: Poor communication among healthcare professionals can result in mistakes like incorrect dosages or administration methods.
  • Lack of Proper Tools: Inadequate resources for secure medication management can compromise safety measures.
  • Hiring Practices: Employing underqualified personnel contributes to higher error rates due to a lack of expertise.
  • Organizational Issues: Disorganized management practices create environments prone to errors.
  • Fragmented Care: Poor coordination and communication among caregivers can contribute to medication-related mistakes.
  • Non-Compliance With Protocol: Neglecting routine procedures and best practices increases the likelihood of avoidable mistakes.
  • Outdated Systems: Reliance on outdated paper systems for prescriptions heightens the risk of clerical errors.
  • Look-Alike and Sound-Alike Drugs (LASA): Medications that resemble each other in appearance or sound can be easily confused, potentially leading to serious harm.
  • Medication Borrowing: Borrowing medication from one patient to give to another can lead to missed doses or the wrong medication being administered.

All personnel charged with caring for older patients, from staff members to facility administrators, must be aware of these causes and remain vigilant when performing day-to-day tasks.

Side Effects of Medication Errors in Nursing Homes

Medication errors can present a myriad of side effects, which can differ in severity based on the nature of the error and the patient's overall health. Even mild side effects can significantly impact elderly residents’ quality of life.

Mild side effects may include:

  • Nausea and vomiting
  • Weakness
  • Fatigue
  • Drowsiness
  • Balance and coordination problems
  • Itching and rashes
  • Constipation or diarrhea
  • Confusion
  • General discomfort

In some cases, more severe side effects may occur, such as:

  • Seizures
  • Uncontrolled vomiting
  • Rapid heartbeat
  • Fainting
  • Coma
  • Death

Effects like these not only cause immediate discomfort but also increase the risk of further injury. For instance, drowsiness, lightheadedness, and confusion from medication errors can cause falls, the leading cause of severe injuries and fatalities in nursing homes. Elderly residents are particularly vulnerable due to their diminished physical condition and slower recovery times.

Additionally, medication errors can heighten the risk of elopement, especially among residents with cognitive impairments like dementia. Elopement occurs when a resident wanders through or leaves the facility without authorization, potentially leading to serious injury or worse.

Determining Liability for Medication Errors in Nursing Homes

While it’s impossible to prevent all prescription errors, most mistakes of this kind are preventable. When they result from negligence, they can be considered medical malpractice or nursing home abuse. Various parties may be held accountable for such errors, including the following:

Prescribing Doctors

Doctors must make it a point to thoroughly review their patients’ medical histories and current medications, consider potential drug interactions, and ensure that their prescriptions meet the standard of care.

Nurses and Care Providers

Negligence in the administration and management of medications can render nurses and other care providers liable.

Pharmacists

Pharmacists who fill prescriptions incorrectly, whether by providing the wrong medication or dosage, can be held responsible for errors.

Nursing Home Facilities

The nursing home itself can be liable for errors that arise from negligent hiring or training practices, inadequate supervision, insufficient systems, or understaffing.

Damages and Compensation for Medication Errors in Nursing Homes

Medication errors in nursing homes constitute negligence and are therefore often considered medical malpractice. Proving the harm requires the knowledge of a skilled medication error attorney.

When you file a claim, you may be eligible to recover financial compensation for various damages, including:

  • Medical Costs: Expenses incurred due to the medication error, including hospital stays, treatments, and ongoing care.
  • Funeral Costs: Compensation for funeral and burial costs if the error led to the death of a loved one.
  • Pain and Suffering: Payment for the physical discomfort and mental anguish you or your loved one has experienced.
  • Emotional Distress: Damages for the emotional and mental hardship the error has caused.
  • Shortened Life Expectancy: Financial restitution if the mistake has negatively affected you or your loved one’s lifespan.
  • Increased Risk of Future Harm: Special damages if the error has increased the risk of future health issues.

In cases of blatant negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter future misconduct.

How a Medication Error Lawyer Can Help

Filing a medication error claim against a nursing home or assisted living facility can be intricate and demanding. It requires substantial evidence to prove what occurred and demonstrate the harm your loved one has suffered. Nursing homes typically have their own legal teams, which means you’ll also need an attorney on your side.

A medication error lawyer can provide crucial assistance by carrying out the following tasks:

  • Investigating the Incident: Conducting a thorough inquiry to understand how the error occurred and identify the responsible parties.
  • Collecting Evidence: Gathering and organizing medical records, witness statements, and other evidence needed to build a strong case.
  • Managing Communications: Handling interactions with the nursing home, insurance companies, and other involved parties to effectively present your case.
  • Assessing Damages: Determining the full extent of your losses, including medical expenses, pain and suffering, and emotional distress.
  • Filing Claims: Preparing and submitting the necessary legal documents to pursue compensation from the nursing home’s insurer.
  • Negotiating Settlements: Skillfully negotiating settlement terms to secure fair compensation for you.

Assuming a satisfactory settlement can’t be reached, your lawyer can also represent you in court proceedings to promote your rights and seek the compensation you deserve.

Why Choose Us for Nursing Home Medication Error Cases?

When it comes to advocating for victims of medication errors in nursing homes, attorney Susan Kang Gordon distinguishes herself as a strong advocate.

She’s been recognized as Trial Lawyer of the Year by both the San Francisco Trial Lawyers Association (2022) and the Ventura County Trial Lawyers Association (2021). These accolades highlight her dedication to legal excellence and steadfast commitment to securing optimal results for her clients, qualities that our entire firm shares.

We prioritize effective and compassionate service, and we promise to give each case the individualized attention it merits.

Our Recent Cases

$13.5 Million Verdict

10 elderly residents sued a nursing home for the neglect and abuse suffered at the hands of the operators. They alleged the failure to provide proper care for fall prevention, wounds, nutrition and hydration and medication management.

$6 Million Fee Award

For the cases which go to trial, we will always seek attorney’s fees directly from the defendant so that you do not have to pay us any fees from your award. In other words, we ask the Court to order the defendants to pay us our hourly fees. Fee awards are not granted for cases that result in a private settlement.

$1,675,000

Confidential Settlement - resident is found dead in a bathtub. - $1,675,000.

$1,500,000

Confidential Settlement - fall in residential care facility. - $1,500,000.

$975,000

Confidential Settlement - fall in residential care facility - $975,000.

$800,000

Confidential Settlement - A physical therapist's failure to transfer body properly results in hairline fracture to the leg - $800,000.

Testimonials

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Susan did an amazing job representing our family in a complex and emotionally challenging legal matter. Susan was in it for the long haul, becoming both a trusted advisor and a voice of compassion throughout the process. Susan and her team always brought professionalism, empathy, dedication and skill to our case. She achieved a very positive outcome for us, and we couldn't have been happier with her representation. I would absolutely recommend her and SKG Law.

Tom Smith, Lafayette
Stars
5

Susan was great. She really cares and it shows. We won our case. We really appreciate Susan standing up for the little people.

Brent Baisch, Brentwood
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Take Action for Your Loved One’s Health

Contact Susan Kang Gordon, a Professional Law Corporation, today at 510-405-0682 or fill out our online form to receive a free, confidential consultation. Our team is prepared to guide you through the process of filing a legal claim and ensuring that your loved one's needs are met.
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