Most nursing home and elder care facility residents depend on medicine to treat illness and maintain their health. In order to ensure that medications are available and used safely, California law requires nursing homes, care facilities and physicians to properly order, record, store, administer, and monitor medications for each patient or resident. Despite the detailed standards, medication errors, such as unnecessary medication and over-medication, are common.
Each resident’s drug regimen must be free from unnecessary drugs. An unnecessary drug is any drug when used:
- In excessive doses
- For excessive duration
- Without adequate monitoring
- Without adequate indications for its use
- In the presence of adverse consequences which indicate the dose should be reduced or discontinued
- Any combination of the reasons above
A care facility must ensure that it is free of medication error rates of five percent or greater, and that residents are free of any significant medication errors.
A medication error is a discrepancy between the facility’s actions and either a physician’s orders, manufacturer’s specifications, or accepted professional medical standards. A medication error is considered significant when it causes the resident discomfort or jeopardizes his or her health and safety.
The laws governing the proper administration of medication at nursing homes, residential care facilities for the elderly, and skilled nursing facilities are complex. Our attorneys atBerman & Riedel, LLP not only have a complete understanding of the laws governing residents’ medication rights, but of all laws and regulations involved in litigating elder care facility cases. Berman & Riedel, LLP has represented many care facility patients and residents throughout the State of California in its elder care facility litigation cases, and is proud to have aggressively advocated for each and every client and successfully obtained the best possible results for a facility’s violation of residents’ medication rights.
If you or a loved one has experienced a violation of medication rights, Berman & Riedel, LLP offers the experience and skill necessary to provide you with sound advice concerning your legal rights. Contact an attorney at Berman & Riedel, LLP to discuss your options.