Overmedicating in Long Island Nursing Homes

The nursing home abuse lawyers at Duffy & Duffy are dedicated to helping Long Island residents who have been harmed by the actions of negligent healthcare providers. We fight aggressively to protect senior citizens’ rights in the courtroom and at the negotiating table. Since 2006, we have successfully settled numerous nursing home negligence and other medical malpractice matters, including well over 100 multi-million dollar settlements.

Overmedicating in Long Island nursing homes is just one of the ways in which residents may be put at risk. Elderly and disabled people are often heavily medicated in licensed care facilities. For example, certain antipsychotic drugs are regularly given to individuals who suffer from dementia and Alzheimer’s, even though this medication may not be necessary. Such drugs come with a range of potential physical and mental risks, including some that nursing home residents and their families may not know about.

Seek Compensation from a Negligent Facility

It is important to understand that nursing homes cannot routinely use these and other drugs to sedate residents if there is no medical reason to use them. Instead, the law requires facility staff to show a specific need for the medication. New York’s Public Health Law makes very clear that every patient has the right “to be fully informed of his or her medical condition and proposed treatment” and to refuse treatment after understanding the potential consequences.

A nursing home resident also has the right to be free from “chemical restraints,” which include heavy medication. Such restraints are prohibited unless authorized in writing by a doctor – and used for only a limited time – or in the case of an emergency. Even in emergency situations, a physician must be consulted within 24 hours.

If you or a loved one has been subjected to overmedication or other forms of nursing home abuse in Long Island, you may have the right to seek monetary damages from those responsible. That includes both the staff members who engaged in the improper conduct and their employer, in most cases. Among other remedies, a victim of nursing home abuse may be entitled to monetary damages for medical costs, pain and suffering, and emotional distress.

Nursing home abuse is treated as a type of medical malpractice. That means doctors and other staff members at these facilities are expected to live up to certain professional standards, based on their education, experience, and training. Although the level of care required varies based on the circumstances, an individual who routinely overmedicates residents for sedation or other purposes is likely to be found legally liable for his or her actions.