Key Takeaways
- Due to age-related changes in how the body processes drugs, elderly patients face significantly higher risks from wrong medication than younger adults.
- Common consequences of medication errors in elderly patients include falls, organ failure, cognitive decline, cardiac events, and death.
- Polypharmacy, or the use of multiple medications simultaneously, dramatically increases the risk of dangerous drug interactions in nursing home residents.
- Families who notice sudden, unexplained changes in a loved one’s condition after a change in medications should seek an independent medical evaluation immediately.
- An elder health care attorney can help families determine if a medication error contributed to a loved one’s injury or death.
Why Are Elderly Patients More Vulnerable to Medication Errors Than Younger Adults?
What Happens When an Elderly Patient Receives the Wrong Medication?
- A resident who receives a blood thinner intended for another patient is at immediate risk of internal bleeding. Blood thinners like warfarin have an extremely narrow therapeutic range, meaning the difference between a dose that prevents clotting and a dose that causes uncontrolled bleeding is minimal, even for the intended patient. For patients with no clinical indication for the drug, even a single dose can trigger bleeding events in the brain, digestive tract, or other organs.
- Sedatives and antipsychotic medications are among the most frequently misadministered drugs in nursing home settings, and they pose a particular danger to elderly patients. These medications suppress the central nervous system, so in elderly patients, they dramatically increase the risk of falling, cause respiratory depression, and can trigger agitation reactions that caregivers misinterpret as behavioral symptoms requiring more sedation. A resident who falls while oversedated and sustains a hip fracture or traumatic brain injury has experienced a chain of harm that began with a medication error.
- Cardiac medications, including beta-blockers, digoxin, and calcium channel blockers, can have serious consequences when administered incorrectly. An elderly patient who receives too high a dose of a beta-blocker, for example, can experience a dangerous drop in heart rate and blood pressure, which can lead to fainting, cardiac arrest, or stroke. Digoxin, which has one of the narrowest therapeutic windows of any commonly prescribed cardiac drug, can cause fatal arrhythmias at doses only slightly above the therapeutic range.
- Administering antibiotics to the wrong patient or in incorrect doses contributes to the growing problem of antibiotic-resistant infections in care facilities. It can also trigger severe allergic reactions, including anaphylaxis, in residents with documented allergies that were not properly verified prior to administration.
What Is Polypharmacy and Why Does It Matter?
- Sudden confusion or cognitive decline that resembles dementia progression.
- Fatigue that appears to be part of the natural aging process.
- A fall that looks like a balance problem.
- Nausea, weight loss, and weakness can look like a new illness developing.
What Are the Warning Signs That a Medication Error May Have Occurred?
- A parent who was alert and conversational during last week’s visit but is now barely responsive has shown a change that deserves an immediate and thorough explanation.
- A resident who develops new tremors, unusual bruising, extreme drowsiness, breathing difficulties, an irregular heartbeat, or signs of internal bleeding after a medication adjustment is experiencing more than just a bad day. Something may have gone wrong with their medication.
When Does a Medication Error Become a Legal Matter?
- First, was the facility required to administer medications correctly and safely?
- Did the facility breach this requirement due to an error, oversight, or systemic failure?
- What harm resulted directly from that breach?
- What damages, medical costs, pain and suffering, cognitive decline, or wrongful death flow from that harm?
Your loved one’s safety is not optional. Contact Hughey Law Firm now, and we will work together to clear things up!
How can I request my loved one’s medication administration records in South Carolina?
According to South Carolina law, residents and their authorized representatives have the right to access medical records, including medication administration records. The appropriate first step is to submit a written request to the facility. If the facility delays or refuses to provide the records, an attorney can assist with the process and, if necessary, compel the facility to provide the records through legal channels.
What if the medication error was made by a pharmacy rather than by facility staff?
Depending on where the error originated, both the facility and the dispensing pharmacy may share responsibility. A facility that receives an incorrectly filled prescription and administers it without verification is independently at fault. One of our attorneys can investigate the full chain of custody, from prescription to administration, and identify every party whose negligence contributed to the error.
Can a medication error claim be pursued if the resident has since recovered?
Yes. Recovery doesn’t negate the harm that occurred or the facility’s responsibility for it. A resident who experienced a serious adverse event, was hospitalized, or suffered lasting effects from a medication error may have a viable claim, even if they ultimately survived and stabilized.
What if we signed an arbitration agreement when our loved one was admitted?
Such agreements are common in elder care facility admission documents, but they’re not always enforceable. South Carolina courts have examined the validity of these agreements on a case-by-case basis. An attorney can review your family’s specific agreement and advise you on how it affects your legal options.
How soon after a suspected medication error should we contact an elder health care attorney?
As soon as possible. South Carolina’s statute of limitations for personal injury claims is generally three years. However, medication error cases benefit enormously from an early investigation. This is because electronic records can be overwritten, staff members can leave the organization, and the timeframe for connecting the error to the injury can narrow over time.
Disclaimer: This blog post is intended for general informational and educational purposes only and does not constitute legal advice. Every case is different. You should not act or refrain from acting on the basis of this content without consulting a licensed attorney. Statistics referenced from the Journal of the American Geriatrics Society and other sources are cited for general educational purposes only. The statute of limitations referenced reflects general South Carolina law and may vary based on individual circumstances. Past results do not guarantee future outcomes. Hughey Law Firm is located at 171 Church Street, Suite 330, Charleston, SC 29401.