Antipsychotic drugs have a reputation for being called “deadly weapons,” often due to their misuse or improper use. If you suspect your loved one developed a serious health condition because of it in a California nursing facility, here is what you need to know.
Usage of antipsychotic drugs in nursing homes
While nursing homes can legally use antipsychotic drugs, they must limit their usage to specific diagnosed medical conditions. Furthermore, nursing homes using them require a written order from a licensed healthcare practitioner who treats the resident. Even after obtaining these orders, the facility owes the resident a duty of care and must administer the drugs appropriately.
Some nursing homes may use these drugs for staff convenience instead of treating diagnosed medical conditions. This is a violation of federal law and the loved ones of the victim may file a lawsuit seeking compensation.
Some challenges you might encounter
You may encounter certain challenges when suing a negligent nursing home for medication error or misuse. The court may expect you to prove that:
- The facility used the drug in an unauthorized way
- The facility breached the standard of care
- The misuse or improper use of antipsychotic drugs caused the healthcare complication
Meeting these requirements is essential for building a successful legal claim against the nursing home.
How a legal guide may help
An elder abuse or wrongful death lawsuit against a well-funded care facility and its insurance carriers requires specialized legal knowledge. A personal injury attorney focusing on California nursing home negligence can help protect your family’s rights by securing and analyzing medical records.