How Medication Errors Can Be a Form of Nursing Home Neglect
Many nursing home residents depend on daily prescriptions to manage pain, chronic illness, or memory conditions. When medications are administered properly, they help residents stay stable and comfortable. When mistakes happen, the effects can be disastrous. In some cases, repeated or preventable medication errors may point to nursing home neglect.
Knowing how medication errors happen helps families ask better questions and protect their loved ones. A Chicago, IL nursing home neglect lawyer can help explain when a concern may be more than a one-time mistake.
Are Medication Errors Common in Nursing Homes?
Medication errors happen more often than you might expect. Nursing homes care for residents with complex health needs. Staff may also be responsible for many residents at the same time. This can increase the chance of mistakes.
Errors often happen during shift changes or when medications are changed. Problems can also occur when staff are rushed or not properly trained. Under 210 ILCS 45/2-101, Illinois law requires nursing homes to provide safe and supervised care. That law includes the responsibility to manage medications safely and carefully.
When a Medication Error Becomes Nursing Home Neglect
Not every medication mistake is neglect. A single error can happen even in a well-run facility. Concerns grow when errors happen more than once or when staff do not fix known problems.
Medication errors may become neglect when staff do not follow the doctor's orders or fail to monitor residents after giving medication. Ignoring warning signs can also be an issue. Illinois law protects a resident’s right to proper medical care. When that right is not respected, families may question whether neglect occurred, and they often notice changes first. Sudden confusion, unusual sleepiness, changes in behavior, or a rapid decline in health should be taken seriously.
Who Is Responsible for Medication Errors in Nursing Homes?
Responsibility depends on how the medication error happened and who was involved. More than one party may share responsibility, depending on the facts. Common parties that may be involved include:
-
The nursing home, for failing to hire qualified staff, provide training, or maintain safe medication policies
-
Nurses or caregivers, if they did not follow medication instructions or care procedures
-
Outside pharmacies, if medications were filled or labeled incorrectly
-
Prescribing doctors, if orders were unclear or not properly reviewed
Determining responsibility often requires reviewing medication records, care plans, and communication between providers.
When Can You Sue for a Medication Error in an Illinois Nursing Home?
A lawsuit may be an option when a medication error causes harm and could have been prevented. These cases focus on whether the nursing home failed to provide safe care. Medical records and expert review are often used to understand what went wrong.
Illinois law also sets time limits for filing these cases. Under 735 ILCS 5/13-212, claims related to medical treatment must generally be filed within a specific period after the injury occurs or after it is reasonably discovered. In nursing home cases, this law may apply when a medication error involves professional medical care. These deadlines can be complex, especially when harm is not clear right away. An attorney can help determine how this statute applies to your situation and whether a claim is still allowed.
Schedule a Free Consultation With a Hyde Park, IL Nursing Home Neglect Attorney
If you are worried your loved one might be suffering from medication errors, a Chicago, IL nursing home neglect lawyer can help you understand your options. Attorney David A. Kadzai is a native of Chicago and understands the concerns of local families. He has earned recognition as an Elite Lawyer. He has also been named among The National Black Lawyers Top 40 Under 40, The National Trial Lawyers Top 40 Under 40, and Who’s Who Top Attorneys of North America. Call Kadzai Law Group, LLC today at 312-229-0050 for a free consultation with an attorney who has a proven record of putting his clients first.












