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.
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.
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:
Staff members may not know the correct dosage, potential drug interactions, or patient allergies, leading to improper medication administration.
Caregivers might forget to administer medication at the correct time or overlook critical patient information, such as allergies or contraindications.
These mistakes occur when staff members fail to follow established medication administration protocols, such as injecting medication in the wrong part of the body.
Mistakes like picking up the wrong medication or misinterpreting instructions can lead to serious health issues.
Prescription errors can take many forms, including:
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.
Sometimes, pharmacists might dispense the correct drug but in the wrong dosage or form, such as 1,000 mg instead of 500 mg.
There are also numerous types of administration errors to watch out for, such as:
Since nursing home staff members are primarily responsible for administering patient medications, it falls to them to be precise regarding timing, method, and preparation.
In rare cases, staff may intentionally overdose residents or administer drugs to keep them sedated for easier management.
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:
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.
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:
In some cases, more severe side effects may occur, such as:
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.
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:
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.
Negligence in the administration and management of medications can render nurses and other care providers liable.
Pharmacists who fill prescriptions incorrectly, whether by providing the wrong medication or dosage, can be held responsible for errors.
The nursing home itself can be liable for errors that arise from negligent hiring or training practices, inadequate supervision, insufficient systems, or understaffing.
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:
In cases of blatant negligence or intentional harm, punitive damages may also be awarded to punish the wrongdoer and deter future misconduct.
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:
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.
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.
