Medication errors in nursing homes can cause serious harm. Sometimes they’re fatal. When staff members give residents the wrong medication, incorrect dosages, or fail to monitor dangerous drug interactions, families don’t have to accept it. You have legal options under Ohio law, and understanding them matters when someone you love suffers because of a preventable mistake.
What Counts As A Medication Error
These errors take many forms in long-term care facilities. Some happen during routine administration. Others result from poor record-keeping or inadequate staff training that never should’ve been allowed in the first place. Common medication errors include:
- Administering the wrong drug to a resident
- Giving incorrect dosages (too much or too little)
- Missing scheduled doses entirely
- Failing to check for dangerous drug interactions
- Ignoring documented allergies
- Poor documentation that leads to duplicate dosing
The consequences range from mild discomfort to organ failure, stroke, or death. Severity often depends on which medication was involved and how quickly staff recognized and addressed the error. But here’s what you need to understand: most of these mistakes are completely preventable.
Proving Negligence In Medication Error Cases
Ohio law allows families to sue nursing homes when medication errors result from negligence. You’ll need to prove four elements to build a successful case. First, the nursing home owed your loved one a duty of care. This duty exists automatically when a facility accepts a resident. Second, the facility breached that duty through actions or failures that fell below accepted standards. That’s where things get specific. Third, the breach directly caused harm to your loved one. Fourth, your family suffered measurable damages because of that harm. Documentation becomes everything in these cases. Medical records, medication administration records, and witness statements help establish what happened and when. A Cleveland Nursing Home Abuse Lawyer can review these documents to determine if negligence actually occurred and whether you’ve got a viable claim.
Who Can Be Held Liable
Multiple parties may share responsibility for medication errors. The nursing home itself often bears liability for inadequate policies, insufficient staffing, or failure to train employees properly. That’s the most common scenario we see. Individual nurses or aides who administered the wrong medication may also face personal liability, though that’s less frequent.
Pharmacies that fill prescriptions incorrectly can be held accountable. Doctors who prescribe dangerous drug combinations without proper consideration may share fault. In some cases, the medication manufacturer could be liable if defective packaging or labeling contributed to the error. It’s not always straightforward, and that’s why investigation matters. Joseph Law Group, LLC works to identify all responsible parties so families can pursue full compensation for the harm their loved ones suffered.
Damages Available In Ohio Medication Error Claims
Ohio law allows families to recover several types of damages after medication errors injure or kill a nursing home resident. Economic damages cover medical bills, additional care costs, and funeral expenses in wrongful death cases. These amounts reflect actual financial losses your family incurred. They’re usually easier to calculate because you’ve got receipts and invoices.
Non-economic damages compensate for pain and suffering, emotional distress, and loss of quality of life. These damages acknowledge the physical and psychological harm your loved one experienced. They’re harder to quantify but no less real. In cases involving particularly reckless behavior, courts may award punitive damages designed to punish the wrongdoer and deter similar conduct.
Time Limits For Filing Claims
Ohio’s statute of limitations gives families one year to file medical malpractice claims against nursing homes. One year. That’s not much time. This deadline starts from the date the injury occurred or when you reasonably should have discovered it. Wrongful death claims must be filed within two years of the resident’s death.
Missing these deadlines typically means losing your right to seek compensation entirely. Gathering evidence, consulting medical professionals, and building a strong case takes time. You can’t rush through it, but you also can’t wait forever. Starting the process early protects your legal options.
Taking Action After A Medication Error
If you suspect a medication error harmed your loved one, document everything. Take photos of visible injuries. Keep copies of all medical records and correspondence with the facility. Report the incident to the nursing home administrator in writing, not just verbally. Ohio law requires nursing homes to investigate serious incidents. Request a copy of their investigation report. Don’t just assume they’ll do the right thing. Contact the Ohio Department of Health to file a complaint. These steps create an official record of the problem, which matters more than you might think. A Cleveland Nursing Home Abuse Lawyer can evaluate whether you have grounds for legal action. They can handle communications with the facility and insurance companies while you focus on your loved one’s care and recovery. Taking prompt action protects both your family’s rights and other vulnerable residents who may be at risk from the same dangerous practices that harmed someone you care about.
