Medication Errors in Nursing Homes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- May 22, 2025
Nursing home abuse refers to the physical abuse or emotional abuse of the elderly and other vulnerable adults that takes place in residential, long-term care facilities, nursing homes, or assisted living facilities. It is also sometimes referred to as institutional elder abuse, and in the worst cases, can result in the wrongful death of the patient. Caring for elderly family members is one of our most sacred duties as a society, yet many nursing home residents suffer personal injury and mistreatment from the very care facilities we entrust with their proper care.
- What Are Medication Errors?
- How Can You Identify a Medication Error?
- Prevalence of Medication Errors in Nursing Homes
- Nursing Home Medication Regulations
- How Our Medication Error Lawyers Can Help
- Liability for Medication Errors at Nursing Homes
- Evidence Needed To File a Nursing Home Medication Error Lawsuit
- How Long Do You Have to File a Nursing Home Medication Error Claim in Missouri?
- Protect Your Loved Ones and Get Help With a Medication Error Claim
Nursing home medication errors can be dangerous or even deadly, but you have legal options to protect yourself or a loved one. Missouri state law gives you the right to legal action to hold wrongdoers accountable and recover damages for medical mistreatment.
If you suspect a medication error in a St. Louis nursing home, Brown & Crouppen, P.C., can help you navigate the legal system to find justice and dignity.
What Are Medication Errors?
Medication error refers to any mistake in the prescription or administration of a drug. These errors vary in severity, but many are dangerous or even fatal to nursing home patients, who can be especially susceptible to drug interactions and overmedication.
Medication errors can include the following:
- Improper dosage, where patients are administered too much or too little medication
- Incorrect administration method, where patients may receive an injection in the wrong part of the body or get a drug through a different administration route than intended
- Unauthorized drugs that may be contraindicated
- Medication given to a patient at the wrong time
- Omission of a necessary medication or forgetting to give a dose altogether
How Can You Identify a Medication Error?
It’s essential to be aware of the signs of medication errors and other nursing home abuse, which include the following:
- Unexplained changes in health
- New or worsening medication side effects
- More frequent trips to the hospital
- Unfamiliar medications in the patient’s medical record
Speaking up about a possible medication error can protect your loved one’s health and well-being. Let doctors and nursing home staff know that you suspect there was a mistake, and call 911 if you feel your loved one is in immediate danger. Document any noticeable signs of a medication error.
If a medication error has harmed your loved one, you may be eligible to pursue legal action on their behalf. Seeing your loved one suffer medical harm is overwhelming, and at Brown & Crouppen, we know that you may feel worried, angry, and even embarrassed. Our dedicated attorneys will listen to your story and help you understand your options to seek justice.
“When it comes to a nursing home case, it is essential that the entire family be involved to get that case across the finish line. This can be challenging because a lot of times they’re embarrassed to call a lawyer about something that happened to their father or their mother in a nursing home...For the jury to truly understand what a victim’s damages mean, they need to hear from the family. The family needs to be able to say, ‘This is what my mother was able to do before this neglect, and now she’s a shell of herself—and it’s because of the negligence of the people that were hired and paid handsomely to take care of her.’ Family involvement is key.”
Prevalence of Medication Errors in Nursing Homes
Medication errors are shockingly common in nursing homes. One large review of scientific studies found that 16 to 27 percent of patients had experienced a medication error.
While the same review also found low reported numbers of serious injuries and deaths, the authors questioned whether these reports accurately captured the full number of serious medication errors. Doctors may not recognize how a medication error affects an older person, and nursing home patients with dementia may be unable to report health changes.
Low staffing at nursing homes may contribute to both the frequency of medication errors and the difficulties in reporting them. Missouri has some of the worst nursing home staffing in the country, which can cause overworked employees to skip tasks, make mistakes, or fail to report medication interactions and side effects.
Medication errors are unacceptable, regardless of the cause. You are your loved one’s best advocate—if you notice something wrong, you can speak up and fight back on their behalf.
Nursing Home Medication Regulations
Missouri’s nursing home regulations aim to protect patients and families and ensure good patient care.
- A pharmacist or RN must review each patient’s medications every three months for potential drug interactions and contraindications.
- Medication errors or adverse reactions must be reported to the patient’s doctor and the nursing home administrator.
- Medication records need to be maintained for each resident.
- A licensed nurse must supervise medication distribution. Staff must document each time a patient is administered a medication.
Unfortunately, not all nursing homes abide by these regulations, despite being legally required to do so. If a nursing home fails to properly care for a loved one, you may be eligible to pursue legal action.
How Our Medication Error Lawyers Can Help
You shouldn’t act alone if you suspect a medication error. Nursing home lawyers have the resources and legal authority to ensure a thorough investigation. They can also help you protect your rights as you pursue compensation for your loved one.
For over 40 years, our attorneys have sought justice for some of our community’s most vulnerable members, including nursing home abuse victims. We’ve secured more than $1 billion for thousands of clients.
You don’t have to worry about the costs—we don’t charge any upfront fees. You only pay us if we win your case.
At our law firm, you’ll find compassionate, courageous, and award-winning attorneys ready to help you fight for your loved one. We’re also committed to serving St. Louis by volunteering and engaging in community involvement.
You deserve attorneys who value clients over cases, and that’s precisely what you’ll find at our firm.
Liability for Medication Errors at Nursing Homes
Liability for medication errors in assisted living facilities isn’t always straightforward. Sometimes, a specific person is responsible, such as when a nurse fails to document a medication change or a doctor writes down the wrong dosage.
Other times, it may be harder to determine what caused an error. For example, a manufacturer may have mislabeled a medication, resulting in a dosage error. Pharmacists can also make mistakes, such as misreading a doctor’s prescription and providing the wrong drug.
Assigning liability for a medication error requires careful medical record research. Nursing homes also may be reluctant to provide key documents without a subpoena.
Our legal team has the resources to conduct a thorough investigation and determine who is responsible for a medication error. We’re proud to help St. Louis residents navigate the court system to obtain justice from negligent nursing homes and other bad actors.
Evidence Needed To File a Nursing Home Medication Error Lawsuit
To prove your case for medication error, you must show that a medical professional breached their duty to your loved one. Your evidence may include:
- Your loved one’s medical records and medical history
- A timeline of when the medication error happened
- Expert witness testimony
- Video or photo evidence of the error’s health effects
How Long Do You Have to File a Nursing Home Medication Error Claim in Missouri?
Missouri’s statute of limitations for a medication error lawsuit depends on the damages suffered. Medical malpractice lawsuits must be filed within two years, and wrongful death cases have a three-year cutoff date.
Narrow exceptions apply. If you discover medical harm after an injury, the statute of limitations may start from when you learned of it. If a person who was previously mentally incompetent is found competent, they have three years from the date they are declared competent to file most civil actions.
If the person responsible leaves Missouri after the error but before you can file legal action, the statute of limitations pauses until they return to the state.
The statute of limitations may seem like plenty of time, but it can go by fast. The best way to ensure you file the proper lawsuit within the statute of limitations is to contact a qualified medication error attorney.
Protect Your Loved Ones and Get Help With a Medication Error Claim
Medication errors in nursing homes can cause physical, mental, and emotional consequences to both the victims and their family members. You deserve the highest quality of legal representation from legal professionals who treat you with kindness and respect.
If you suspect a medication error, the Brown & Crouppen Law Firm can help protect your loved one and seek accountability. Let us put our legal knowledge and four decades of experience to work for you.
Call us at 800-536-4357 or contact us online for a free consultation.
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- Last Modified:
- May 22, 2025
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