Nursing Home Medication Error Lawyer
Nursing Home Medication Error Lawyer

Minnesota Nursing Home Medication Error Lawyer

According to federal law nursing homes need to take several measures to protect residents from medication errors.  Pursuant to federal regulation 42 CFR 483 45:

(d) Unnecessary drugs—General.  Each resident’s drug regimen must be free from unnecessary drugs. An unnecessary drug is any drug when used—

(1) In excessive dose (including duplicate drug therapy); or

(2) For excessive duration; or

(3) Without adequate monitoring; or

(4) Without adequate indications for its use; or

(5) In the presence of adverse consequences which indicate the dose should be reduced or discontinued; or

(6) Any combinations of the reasons stated in paragraphs (d)(1) through (5) of this section.

(e) Psychotropic drugs.  Based on a comprehensive assessment of a resident, the facility must ensure that—

(1) Residents who have not used psychotropic drugs are not given these drugs unless the medication is necessary to treat a specific condition as diagnosed and documented in the clinical record;

(2) Residents who use psychotropic drugs receive gradual dose reductions, and behavioral interventions, unless clinically contraindicated, in an effort to discontinue these drugs;

(3) Residents do not receive psychotropic drugs pursuant to a PRN order unless that medication is necessary to treat a diagnosed specific condition that is documented in the clinical record; and

(4) PRN orders for psychotropic drugs are limited to 14 days. Except as provided in §483.45(e)(5), if the attending physician or prescribing practitioner believes that it is appropriate for the PRN order to be extended beyond 14 days, he or she should document their rationale in the resident’s medical record and indicate the duration for the PRN order.

(5) PRN orders for anti-psychotic drugs are limited to 14 days and cannot be renewed unless the attending physician or prescribing practitioner evaluates the resident for the appropriateness of that medication.

(f) Medication errors. The facility must ensure that its—

(1) Medication error rates are not 5 percent or greater; and

(2) Residents are free of any significant medication errors.

Federal law mandates:

• Decrease medication errors and adverse drug events
• Assure proper medication selection
• Monitor drug interactions, overmedication, and undermedication
• Improve the documentation of medication administration

Information About Medication From Nursing Home Medication Error Lawyer

According to CMS, medications are an integral part of the care provided to nursing home residents. They are administered to achieve positive outcomes, such as curing an illness, diagnosing a disease or a condition, modifying a disease process, reducing or eliminating symptoms, or preventing a disease or symptom. However, any medication or combination of medications may result in adverse consequences. Therefore residents must only receive medications when there are clear clinical indications and when the potential benefits outweigh the risks.

The facility is expected to have a proactive, systematic and effective approach to monitoring, reporting, and acting upon the effects, risks, and adverse consequences of medications. The pharmacist may need to conduct the medication regimen review more frequently (for example weekly), depending on the resident’s condition and the risks for adverse consequences related to current medications. The requirement for the medication regimen review applies to all residents, including residents receiving respite care, residents at the end of life or who have elected the hospice benefit, residents with an anticipated stay of less than 30 days, or residents who have experienced a change in condition. Complex residents generally benefit from a pharmacist’s review during the transition from hospital to skilled nursing facility

Nursing Home Medication Error

There are several types of medication errors and mistakes in nursing homes and assisted living facilities including residents not being given medication, the wrong doses, wrong medication, theft and replacement of medications also call drug diversion.  Medication errors often lead to hospitalizations for the nursing home resident.

Nursing Home Medication Error Reporting

Pursuant to Minn. Statute 144.7065, Subd. 5(1), events reportable under this subdivision include:

  • patient death or serious injury associated with a medication error, including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose.

In addition to the reporting requirements for the facility you should also report any medication errors to the Minnesota Department of Health Office of Health Facility Complaints, OHFC.  See the attached for more information about reporting elder abuse and neglect.

Nursing Home Medication Error Lawyer

If you have questions about medication errors in a assisted living facility or other elder provider or nursing home or other elder abuse and neglect issues contact Minnesota Nursing Medication Lawyer Kenneth LaBore for a free consultation.  There is no fee unless there is a verdict or settlement offer from the wrongdoer.  Mr. LaBore can be reached directly at 612-743-9048 or toll free at 1-888-452-6589 or by email at


Nursing Home Medication Error Lawyer
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