Can You Sue a Nursing Home For a Medication Mistake That Resulted in Injury or Death?

Can You Sue a Nursing Home For a Medication Mistake That Resulted in Injury or Death?

Entrusting a family member’s care to a healthcare facility, whether it’s a hospital, nursing home, or other medical establishment, carries with it a certain expectation of safety and professionalism. However, medication errors in these settings can lead to severe consequences, including injury and death. This article discusses whether you can sue for damages when a medication mistake occurs, outlining the legal framework, potential challenges, and the steps involved in seeking justice.

Understanding Medication Errors

What Constitutes a Medication Error?

Medication errors can occur in any healthcare setting, ranging from minor errors to severe mishaps that can result in significant health complications or even death. Common errors can include:

  • Administering the wrong medication
  • Dispensing the incorrect dosage
  • Failing to administer medication at the correct time
  • Ignoring potential drug interactions

These errors may stem from several factors such as understaffing, inadequate training, or systemic issues within the facility. When these mistakes compromise the health and safety of residents, it is critical to consider legal recourse.

Legal Grounds for Suing a Healthcare Facility


Negligence is a common claim in lawsuits against hospitals, nursing homes, and other healthcare facilities. Proving negligence involves demonstrating:

  • The facility owed a duty of care to the resident.
  • There was a breach of this duty.
  • The breach directly caused injury or death.
  • The injury resulted in specific damages, such as pain and suffering, additional medical costs, or diminished quality of life.

Medical Malpractice

Medical malpractice claims address failures in professional healthcare that fall below the accepted standards of medical practice, including:

  • Incompetence or lack of skill among medical professionals.
  • Errors in judgment or in the administration of medication.

Wrongful Death

If a medication error results in death, the victim’s family might pursue a wrongful death lawsuit to seek compensation for:

  • Funeral expenses.
  • Lost income potential.
  • Loss of companionship.
  • Emotional distress.

Challenges in Medication Mistake Lawsuits

Suing a nursing home or another healthcare facility for a medication error involves complex legal challenges:

  • Proving Fault: It must be demonstrated that the mistake was not just a tragic accident but a preventable error resulting from negligence or incompetence.
  • Medical Records: Obtaining and interpreting medical records to support your case can be difficult without legal expertise.
  • Expert Testimony: Often, these cases require the testimony of medical experts to define what the standard of care should have been and how it was not met.

Steps to Take if You Suspect a Medication Error

If you believe a loved one has been harmed due to a medication mistake in a nursing home, consider the following steps:

  • Document Everything: Keep detailed records of all medications and interactions with the nursing home or other healthcare facility.
  • Seek Medical Advice: Consult a healthcare professional to assess the health impacts and get a second opinion.
  • Report the Error: Notify the facility management and file a complaint with your state’s health services department.
  • Consult a Personal Injury Attorney: Contact a lawyer who specializes in nursing home abuse and negligence. They can offer advice, help gather evidence, and represent your interests in court.

Have You or Your Loved One Suffered from Medication Mistakes or Negligence? Sugarman Law is Here to Help

At Sugarman Law, we understand the trust you place in healthcare facilities when a family member requires care. When that trust is broken due to medication errors, abuse, or negligence leading to harm or health complications, the impact can be devastating. If you or your loved one has experienced such an unfortunate situation in a hospital, nursing home, or any other healthcare facility in New Jersey, you may be entitled to compensation.

Medication errors can manifest in many ways, including incorrect medication dispensation, dosage mistakes, and overlooked drug interactions that can significantly affect health. These errors are often preventable and point to deeper issues of neglect and inadequate care in healthcare facilities. Sugarman Law has a dedicated team that specializes in navigating these complex cases, ensuring that those affected are not left to face these challenges alone.

Contact Sugarman Law Today To Safeguard Your Rights

Don’t let the wrongdoing of a healthcare provider go unchallenged. Sugarman Law offers a free initial consultation to discuss your case and explore your legal options. Our team is committed to securing the compensation and justice you and your family deserve.

For more detailed information or to schedule your free consultation contact us today. Your fight for justice and your right to compensation are our priority—let us be your voice in this critical time.

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