Overmedication within nursing homes is an extremely relevant issue that directly impacts the well-being of elderly residents. In this piece, I will discuss the very real implications that overmedication poses to residents within nursing homes. Furthermore, I will explain how medical record review services can help lawyers navigate these issues.
Introduction
Overmedication in nursing homes puts the residents’ health at risk which can lead to dire complications, both medically and legally. For caregivers that serve these frail elders, understanding the risks while being legally protected them succumbs as a challenge. My intention with this article is to create awareness about the issue and explain its significance, specifically appealing to practitioners bound with medical records review services focused on effective case work.
What is Overmedication?
• Definition – Overmedication is receiving more medication than required by a person, and in this case, a resident. It leads to a wide array of health issues, as residents will not respond particularly well to all the drugs that are pumped into their bodies.
• Statistics: In reasonably good health, one-third of American nursing home residents are already on antipsychotic medications, which in and of themselves are powerful drugs, without sufficient reasoning, which the National Center for Health Statistics reports is around 40% alongside other revealing statistics does not bode well.
• Financial Motivation: Some facilities might not prioritize patients over profits, which lead them to prescribe medications that are not needed.
Consequences of Overmedication
• Health Risks: Dealing with overmedication can cause life threatening side effects such as mental decline, increased likelihood of falling, and death.
• Decreased Quality of Life: Residents may have a lower quality of life because of the effects that stem from being heavily medicated.
• Negligence and Legal Action: Families may file lawsuits against the nursing homes for suspected neglect or abuse due to overmedication.
Legal Boundaries of Overmedication
• Federal Rules: Under the Nursing Home Reform Act, one of the responsibilities is to uphold that residents have the right to be protected from unwanted medications.
• State Regulations: There are state laws that provide specific rules for the use and administration of medications in nursing homes which offer further safeguarding for the residents.
• Bound by Law: Case law suggests that the nursing homes can be liable for damages incurred due to overdose of medication.
Overmedication Medical records review services:
• Complete Records: Medical records review services complete the analysis of all documentation and accompanying prescriptions for medications stridentified
• Detecting Omitted Overmedication Instances: Services are able to identify cases of overprescribing medication that may not be instantly clear.
• Case Builders: Reviewers of medical records can provide insights that can be valuable to pose further legal actions.
Common Questions about Overmedication
• What should families do if they suspect overmedication?
• Families should speak to a healthcare professional and consider getting legal counsel.
• How can medical records assist in proving overmedication?
• Medical records are a relevant form of evidence in terms of the prescribing pattern and the patient’s medication responses.
• What are the signs of overmedication?
• Signs may consist of residents appearing confused, overly forgetful and exhibiting unusual changes in behavior.
Case Studies
Case Study 1: Overview, Challenges, Solutions and Compensation
• Overview: An 82-year-old resident was placed on multiple antipsychotic medications without an appropriate workup.
• Challenges: The nursing home refused to accept liability arguing that they were meeting the standard of care because the medications were needed for behavioral issues.
• Solutions: There was no documentation justifying such medications in the medical record obtained.
Case Study 2: Overview, Challenges, Solutions and Compensation
• Overview: A 75-year old man was hospitalized due to severe side effects from overmedication.
• Challenges: The family struggles to provide proof of negligence due to gaps in the medical records.
• Solutions: Gaps in the records created inconsistencies in how the medications were documented in the patient’s records.
Conclusion
Nursing home overmedication puts the residents at extreme risk and also exposes the facilities to legal liability. Advocacy for these families requires knowledge of the interdisciplinary approach that includes understanding the law, the role of medical records review services, and records production. Legal action needs to be pursued in instances of documented overmedication because the claims are backed through expert documentation and analysis. In doing so, these clients are healed from the legal abuse of overmedication.
