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Can You Sue a Nursing Home for Medication Errors?

Nursing home medication errors are one of the most common—and dangerous—forms of negligence in long-term care facilities. While negligence in nursing homes can take many different forms, mistakes involving medications often have serious, even life-threatening, consequences. These errors can lead to insurmountable physical, emotional, and financial costs for residents and their families. 

Generally speaking, nursing home residents and families who are dealing with the consequences of nursing home medication errors can sue the nursing homes that are responsible. Simply put, these errors should not happen—there are too many easy ways to avoid them. As a result, when nursing home staff members make mistakes involving residents’ medications, residents and their families will often have clear grounds to hold the nursing home legally accountable. 

What Types of Medication Errors Can Justify Lawsuits Against Nursing Homes?

All types of nursing home medication errors can justify lawsuits against nursing homes. In Wisconsin, nursing homes have a legal duty to ensure that they are providing adequate care to their residents; and, when they fail to meet this duty, they can—and should—be held liable. With this in mind, some examples of nursing home medication errors that can support claims for nursing home negligence include:

  • Mixing up a resident’s medications
  • Giving one resident’s medications to another resident
  • Giving a resident too much of a medication (overdosing)
  • Giving a resident too little of a medication (underdosing)
  • Failing to assist a resident with his or her medications (failure to medicate)

Regardless of the specific circumstances involved, if you have any reason to suspect a medication error in a Wisconsin nursing home, you should not ignore your concerns. Unfortunately, if your suspicions are correct, there is a very good chance that the staff member who made the mistake will make the same mistake again. You may also be entitled to financial compensation, and filing a lawsuit could both help prevent future nursing home medication errors and ensure that you receive the financial compensation you deserve. 

What Should You Do After Nursing Home Medication Errors? 

With this in mind, what should you do after nursing home medication errors in Wisconsin? To maximize your chances of filing a successful lawsuit, you should:

  • Try to Save Your (or Your Loved One’s) Medication Bottles –  If possible, you should save all of your (or your loved one’s) medication bottles. Do not throw them away, even if they are empty. 
  • Try to Collect All Relevant Records – You should also do what you can to collect your (or your loved one’s) prescriptions and medical records from after the medication error. With that said, if you are not sure how to access these records, that is completely fine. 
  • Take Detailed Notes – It will also be helpful if you can take notes about what happened. If you can write down everything you know, this will assist your lawyer with assessing your legal rights. 
  • Avoid Discussing the Error with Nursing Home Staff – At this point, you should not discuss the medication error with nursing home staff. Your lawyer will be able to communicate with the nursing home on your behalf as necessary. 
  • Talk to a Nursing Home Negligence Lawyer – Suing for a medication error in a nursing home requires experienced legal representation. You should schedule a free consultation with an experienced nursing home negligence lawyer promptly. 

To be clear, these are not all of the steps that will be involved in taking legal action. But, once you hire an experienced nursing home negligence lawyer, you can rely on your lawyer to pursue just compensation on your behalf (while keeping you updated and involved as necessary). Since talking to a lawyer in this scenario is completely free, there is no reason not to learn more about your legal rights. 

What Can You Expect from a Medication Error Lawsuit Against a Nursing Home?

Let’s say you sue a nursing home for a medication error. What can you expect from your lawsuit?

Generally speaking, the goal of filing a lawsuit in this scenario is to hold the nursing home fully accountable. As we discussed above, this will both help prevent future mistakes and help ensure that you and your family have the financial resources you need for the future. An experienced lawyer will be able to provide a clear and straightforward assessment of the strength of your case, and then you can use this to make informed decisions about your next steps. 

Speak with a Madison Nursing Home Negligence Lawyer for Free

Nursing home medication errors are more than just unfortunate mistakes—they are preventable failures that can lead to devastating consequences for vulnerable residents and their families. If you suspect that you or a loved one has suffered due to a medication error in a Wisconsin nursing home, it is important to take action not only to pursue the compensation you deserve, but also to help prevent similar harm from happening to others.

At Boller & Vaughan, we have extensive experience holding negligent nursing homes accountable. Our legal team understands the complexities of these cases and is prepared to advocate tirelessly on your behalf. We can help you gather the necessary evidence, navigate the legal system, and pursue the justice your family deserves.

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Contact Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.