Injury guide

Medicine errors in a nursing home

A medicine error may cause harm, but not every bad reaction is an error. Ask the care team to check the drug record and symptoms.

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Updated Oct 4, 202617 sources

This may apply to you if

  • Prepare the facility name, care dates and concern you want reviewed.
  • Check the resident’s wishes and actual authority to obtain records or act for them.
  • Ask about applicable duties, care, harm and the individual legal time limits.

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

Centers for Disease Control and Prevention · National Center for Emerging and Zoonotic Infectious Diseases · Agency webpage first published May15,2024; earlier guideline work and April12,2024 review distinct

Finding: Core practices include trained staff, hand hygiene and safe medication preparation across care settings. The guidance is not an investigation of a particular resident’s illness.

CDC: core infection prevention practices (opens in a new tab) · May 15, 2024 · Checked Oct 4, 2026

The evidence and its limits

U.S. Department of Health and Human Services, Office of Inspector General · 2026

Nursing Homes’ Inappropriate Use of Antipsychotic Drugs Poses a Risk to Residents

Design:
Agency review
Participants:
A purposive sample of 40 CMS nursing-home inspection reports from 2018–2021; not a random sample of residents.
Finding:
The reviewed inspections included examples of inappropriate antipsychotic drug use and failures in care safeguards.
Main limitation
The selected inspections do not establish national prevalence or causation in an individual resident. OIG did not independently verify the accuracy of the inspection reports.

Read the source: Nursing Homes’ Inappropriate Use of Antipsychotic Drugs Poses a Risk to Residents (opens in a new tab) · Checked Oct 4, 2026

The short answer

What is a medicine error?
It is a preventable event that may lead to wrong use or harm. An error may happen without an injury. A bad reaction is not always an error. [15]
What symptoms or drug concerns should I tell the team?
Describe the change and the medicines involved. Ask the treating clinician to assess it. Do not assume a symptom proves a wrong dose or decide the dose yourself. [16]
How do diagnosis and medication review fit together?
A doctor checks symptoms and possible causes. A pharmacist checks the drug record under the federal rule. Ask how the team will address a problem. [16]
What does the antipsychotic evidence show?
The OIG found concerns in selected inspection reports. It did not measure the rate in all homes. Its findings do not prove the cause of one resident’s harm. [10]

The process

What happens next

  1. 01

    You answer a few questions

    About two minutes. Nothing is sent until you agree on the last step and press submit.

  2. 02

    A lawyer looks at it

    A lawyer at the firm reads your answers and checks them against the current case criteria.

  3. 03

    The firm decides and gets in touch

    If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.

When it fits this case

  • Prepare the facility name, care dates and concern you want reviewed.
  • Check the resident’s wishes and actual authority to obtain records or act for them.
  • Ask about applicable duties, care, harm and the individual legal time limits.

A medicine error may cause harm, but not every bad reaction is an error. Ask the care team to check the drug record and symptoms. Do not change a medicine from this page.

What is a medicine error?

It is a preventable event that may lead to wrong use or harm. An error may happen without an injury. A bad reaction is not always an error.

FDA separates avoidable errors from some reactions that could not be predicted. Covered homes need accurate medicine processes and must prevent significant errors. A survey error-rate threshold is not the cutoff for one person’s claim.

What symptoms or drug concerns should I tell the team?

Describe the change and the medicines involved. Ask the treating clinician to assess it. Do not assume a symptom proves a wrong dose or decide the dose yourself.

The facility’s pharmacy process includes chart review and action on reported irregularities. Give the team the actual drug name and records you hold, rather than a guessed explanation. Federal resident rights include understandable information about proposed care.

How do diagnosis and medication review fit together?

A doctor checks symptoms and possible causes. A pharmacist checks the drug record under the federal rule. Ask how the team will address a problem.

The rule requires monthly review by a licensed pharmacist. It also requires recorded action on found problems. Drugs used for mental processes and behavior have special safeguards. None of this directs a family member to change or stop treatment.

What does the antipsychotic evidence show?

The OIG found concerns in selected inspection reports. It did not measure the rate in all homes. Its findings do not prove the cause of one resident’s harm.

The 2026 report analyzed 40 purposively selected reports from 2018–2021 concerning dementia care or schizophrenia. The OIG did not independently verify their accuracy. This evidence concerns particular drugs and practices; it is not an all-medication clinical trial.

Which medication records help answer the question?

Ask about drug orders, the care chart and pharmacist review. Keep dated papers you lawfully hold. Check who has authority to request missing copies.

A record can help distinguish what was prescribed, administered and later reviewed. The federal pharmacy rule requires documentation and action on identified irregularities. Resident-access rights do not give every relative unrestricted access or prescribe the next clinical step.

Find out where you stand.

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Sources

  1. 42 CFR 483.1: Basis and scope42 CFR 483.1: Basis and scope · regulator
  2. 42 CFR 483.12: Freedom from abuse, neglect and exploitation42 CFR 483.12: Freedom from abuse, neglect and exploitation · regulator
  3. 42 CFR 483.25: Quality of care42 CFR 483.25: Quality of care · regulator
  4. 42 CFR 483.10: Resident rights42 CFR 483.10: Resident rights · regulator
  5. 42 CFR 483.35: Nursing services42 CFR 483.35: Nursing services · regulator
  6. 42 CFR 483.70: Administration and binding arbitration42 CFR 483.70: Administration and binding arbitration · regulator
  7. CMS: Repeal of Minimum Staffing Standards for Long-Term Care FacilitiesCMS: Repeal of Minimum Staffing Standards for Long-Term Care Facilities · regulator
  8. ACL: Long-Term Care Ombudsman FAQACL: Long-Term Care Ombudsman FAQ · regulator
  9. CMS: Five-Star Quality Rating SystemCMS: Five-Star Quality Rating System · regulator
  10. HHS OIG: Nursing Homes’ Inappropriate Use of Antipsychotic Drugs Poses a Risk to ResidentsHHS OIG: Nursing Homes’ Inappropriate Use of Antipsychotic Drugs Poses a Risk to Residents · regulator
  11. HHS OIG: Operation CAREHHS OIG: Operation CARE · regulator
  12. HHS: Your Medical RecordsHHS: Your Medical Records · regulator
  13. ABA Model Rule 1.5: FeesABA Model Rule 1.5: Fees
  14. SDNY: Lawsuit time limitsSDNY: Lawsuit time limits · court
  15. FDA: medication error prevention
  16. 42 CFR483.45: pharmacy services
  17. CDC: core infection prevention practicesCDC: core infection prevention practices · regulator

Checked against 17 primary sources by People's Justice editors · Updated

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People's Justice research team · Updated Oct 4, 2026