Nursing Home Medication Errors

Under the best of circumstances, it can be difficult to select a good nursing home or care facility for your loved ones. Trusting such institutions to help our loved ones and family members following hospitalizations or for long-term care is a stressful and complicated process. That decision can be even more nerve-wracking when widespread practices of elder abuse, medication errors, and financial abuse are uncovered. When nursing homes and care facilities fail to meet the basic requirements of care for residents, they must be held accountable.

A recent news report detailed a concerning pattern at a local Washington D.C. rehabilitation and nursing home facility. According to the report, The D.C. Department of Health has launched an investigation into Capitol City Rehab nursing home following a near-deadly medication error episode on site. The report states that Rosezena Jackson’s family checked her into the nursing home in December of 2022 to recover from a hospitalization for a blood clot. They trusted the facility to take care of Rosezena fully, including administering prescription medications. However, issues quickly arose, and doctors had to put the 74-year-old Rosezena into a medically induced coma for over a week to help her survive. At the nursing home, Rosezena was given medications that were not intended for her, including a blood pressure drug that she is severely allergic to. The drugs had a different person’s name and were not meant for Rosezena.

Further review of federal inspection reports revealed that Capitol City Rehab had similar episodes in 2020 and 2021. In both years, the facility’s pharmacist failed to properly identify a medication error and on several occasions, staff members failed to administer prescription medication. In one instance, the staff failed to administer a physician-ordered drug for 19 days. The D.C. Health Regulation and Licensing Administration is currently investigating Capitol City Rehab and declined to comment on the ongoing case.

In the tragic event of a death due to a Maryland pharmacy error, the victim’s family may be able to file a wrongful death claim against the person or entity responsible for the error. Maryland wrongful death claims are intended to compensate family members for their own loses due to their loved one’s untimely death. Maryland’s Wrongful Death Act (the “Act”) allows some family members to file suit against the party at fault. Normally, it must be filed by a spouse, parent, or child of the decedent, but may be filed by another dependent in some cases. The Act was enacted in order to compensate family members, as opposed to the decedent’s losses, which could be recovered by the decedent’s estate.

Under the Act, a claim can be brought for a wrongful act, neglect, or default that would have allowed the decedent to file a claim for damages if the decedent were still alive. A wrongful death claim can only be filed once and must be filed within three years of the decedent’s death. There are some exceptions, including in the case of an occupational disease.

The plaintiffs in a wrongful death claim may be able to recover compensation for emotional pain and suffering, loss of companionship, mental anguish, parental care, marital care, filial care, advice, and guidance.

Articles Posted in Nursing Home Medication Errors

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