Chicago Nursing Home Overmedication Attorney

Fighting for Justice for Victims of Overmedication in Nursing Homes

A Chicago nursing home overmedication attorney can help when your loved one suffers harm from improper or excessive medication in a long-term care facility. When families place their loved ones in a Chicago nursing home, they expect proper care, attention, and medical treatment to maintain their health.

However, overmedication is a dangerous form of neglect that many residents experience, leading to serious health complications and, in some cases, death. If you suspect overmedication, you have the right to seek justice.

At Rosenfeld Injury Lawyers, our Chicago nursing home abuse attorneys can investigate the situation, hold the facility accountable, and fight for compensation for medical expenses, pain and suffering, and other damages. Book a free consultation today!

Example Settlements Recovered by Our Chicago Law Firm

At Rosenfeld Injury Lawyers, we have successfully represented victims of nursing home neglect and abuse throughout Chicago and Illinois. Below are some of the settlements we have secured for nursing home abuse victims and their families:

• $3,000,000 – Settlement for the family of a Chicago man who developed severe bedsores and sepsis in a nursing home, leading to his death.
• $2,333,000 – Recovery for two elderly women who were sexually assaulted by a nursing home employee at a facility in Cook County.
• $2,150,000 – Wrongful death settlement for the family of a nursing home resident in Chicago who suffered from untreated pressure ulcers and fatal infections.
• $1,700,000 – Compensation for a senior resident who suffered a subdural hematoma and hip fracture after a preventable fall at a Chicago nursing home.
• $1,500,000 – Recovery for the family of a dementia patient who ingested toxic chemicals due to unsafe conditions at a skilled nursing facility in Illinois.
• $1,500,000 – Settlement for victims of group home negligence, where multiple residents suffered physical abuse by staff members.
• $1,250,000 – Wrongful death claim settled for the family of a resident who choked due to staff negligence at a Chicago long-term care facility.
• $1,200,000 – Compensation for a disabled woman who suffered serious injuries in a transportation van accident operated by a Chicago nursing home.

We can help you file elder abuse or neglect claims against facilities such as St. Joseph Village of Chicago, Alden Wentworth Rehabilitation and Healthcare Center, California Gardens Nursing Center, Community Care Center, The Clare, Symphony of Lincoln Park, Buckingham Pavilion, Warren Barr Lincoln Park, and others. Contact us for a free consultation.

Medication Management in Chicago Nursing Homes

Illinois has strict laws regulating medication administration in nursing homes to prevent overmedication, medication errors, and abuse or neglect.

The Illinois Nursing Home Care Act (210 ILCS 45) establishes comprehensive standards for nursing homes, including provisions related to medication administration. Key points include:

• Residents have the right to be fully informed about their medical condition and proposed treatment, including medications. They also have the right to refuse treatment.
• Medications must be administered by licensed healthcare professionals, such as registered nurses (RNs) or licensed practical nurses (LPNs), in accordance with their licensing requirements.

Illinois Administrative Code Title 77, Section 350.3760 outlines specific medication policies for facilities, such as:

• Facility staff are prohibited from administering medication unless they are properly licensed nurses or physicians.
• All medications must be stored under lock and key, in a well-lit storage area of sufficient size to prevent crowding.
• Medications administered to residents must be properly recorded by facility staff at the time of use.

Illinois Administrative Code Title 59, Rule 116 allows for the delegation of medication administration by a registered professional nurse (RN) to non-licensed direct care staff under specific conditions, including:

• Direct care staff must complete a standardized, competency-based medication administration training program approved by the Department of Human Services.
• The RN is responsible for the supervision and monitoring of the direct care staff administering medications.

Chicago nursing home residents depend on staff members to follow strict protocols and avoid harmful medication errors. However, in many cases, nursing facilities fail to meet these responsibilities.

When a nursing home is responsible for improper medication administration, victims and their families have the right to seek legal action. A nursing home abuse lawyer can help determine if a facility failed to uphold its duty of care and pursue justice on behalf of the resident.

Types of Medication Errors

Some of the most common types of medication errors found in Chicago nursing homes include:

• Administering the wrong medication
• Incorrect dosing
• Missing a dose or giving a dose too early or too late
• Administering medication to the wrong resident

Overmedication in Nursing Homes

Overmedication occurs when a resident is given more medication than prescribed, receives unnecessary drugs, or is sedated using chemical restraints to make them easier to manage.

Why Overmedication Happens?

Several factors contribute to overmedication in nursing facilities across Chicago and Illinois.

Many Chicago nursing homes suffer from understaffing, meaning nursing home employees may not have enough time to properly monitor and care for residents. Instead of using personalized care, some facilities rely on medication to sedate residents and make them easier to manage.

Additionally, nursing home residents often have complex medication regimens, requiring careful monitoring. When medical records are incomplete or staff members fail to communicate, residents can receive duplicate doses or unnecessary medications, leading to serious injuries.

While state and federal regulations require proper oversight of medication administration in nursing homes, many facilities fail to follow these rules. Without routine monitoring by licensed medical professionals, medication errors and overmedication can go unnoticed.

Also, many elderly patients in nursing homes suffer from cognitive impairments, such as dementia or Alzheimer’s, making it difficult for them to notice or report suspected abuse. This leaves them vulnerable to overmedication and other injuries.

Finally, some nursing home staff intentionally overmedicate residents to keep them sedated, quiet, and compliant. The Illinois Nursing Home Care Act defines a chemical restraint as “any drug used for discipline or convenience and not required to treat medical symptoms.” Such use is prohibited under the Illinois Administrative Code Title 77, Section 300.680.

Commonly misused medications include:

• Antipsychotics (often used inappropriately for dementia patients)
• Sedatives and tranquilizers
• Pain medications and opioids

If you suspect a loved one has been harmed due to overmedication, a nursing home abuse lawyer from our team can help investigate the case, gather medical records, and help you recover compensation from the nursing home responsible.

Dangers of Overmedication to Nursing Home Residents

Overmedication in Chicago nursing homes is a serious and often overlooked issue that can lead to many forms of health complications and even death.

Side Effects and Adverse Reactions

Excessive medication can cause a range of side effects that may worsen a resident’s health instead of improving it. Common adverse reactions include:

• Drowsiness and Confusion – Overmedicated residents often experience extreme drowsiness, making them less alert and more susceptible to falls and injuries.
• Falls and Fractures – Many Illinois nursing home residents suffer hip fractures, head trauma, or other injuries due to dizziness and instability caused by excessive medication.
• Organ Damage – Prolonged use of certain medications can damage the liver, kidneys, or heart, leading to life-threatening complications.
• Worsening of Existing Conditions – Overmedication can interfere with a resident’s current medical treatment, making conditions like dementia, diabetes, or heart disease worse.
• Addiction or Dependence – Some nursing facilities administer unnecessary sedatives or pain medications, leading to drug dependence or withdrawal symptoms.
• Death – In extreme cases, overmedication can suppress breathing, lower heart rate, or cause organ failure, leading to death.

Psychological Effects

Beyond the physical impact, overmedication can take a severe psychological toll on nursing home residents, leading to:

• Depression – Excessive medication can cause mood changes, withdrawal, and isolation, leading to long-term emotional distress.
• Anxiety – Overmedicated residents may experience paranoia, confusion, or heightened anxiety, especially if their medication is improperly managed.
• Loss of Independence and Dignity – Overmedication can leave residents sedated, disoriented, or unable to advocate for themselves, diminishing their quality of life.

Signs and Symptoms of Overmedication

Recognizing the warning signs of overmedication in a Chicago nursing home is crucial for protecting your loved one from harm. Many nursing home residents are unable to speak up for themselves, making it essential for family members to be vigilant.

Overmedication often leads to visible physical changes, including:

• Changes in sleep patterns
• Loss of appetite
• Unexplained weight loss or gain
• Gastrointestinal issues
• Dizziness and falls
• Confusion and disorientation

Aside from physical symptoms, sudden behavioral changes can be an indication of suspected abuse or improper medication management. Watch for:

• Increased irritability or agitation
• Withdrawal from activities
• Lack of communication
• Hallucinations or unusual behavior

How a Chicago Nursing Home Overmedication Lawyer Can Help

Overmedication is a serious form of nursing home negligence, and facilities that administer excessive or unnecessary medications can be held legally responsible. If your loved one has suffered due to overmedication, a nursing home overmedication lawyer can help you recover compensation for their pain and suffering.

Our nursing home abuse attorneys will conduct a detailed investigation into your case, gathering evidence of medication errors, staff misconduct, and facility negligence. Obtaining medical records is crucial to proving overmedication, so we will review:

• Prescription history
• Dosage changes
• Nursing home staff records and logs
• Any complaints filed against the facility

A medical expert will then analyze your loved one’s condition and determine whether excessive medication was improperly used. For a successful claim, we must prove that the nursing home staff or facility:

• Administered excessive medication without medical necessity
• Failed to follow proper procedures for medication management
• Did not obtain informed consent from the resident or their family members
• Used medications as chemical restraints, violating Illinois law

Many nursing homes and their insurers try to deny or minimize liability. We will negotiate aggressively to ensure fair compensation for medical expenses, pain and suffering, and emotional distress. If negotiations fail, your attorney can file a lawsuit to pursue maximum compensation.

Types of Damages in Nursing Home Neglect Claims in Chicago

A successful claim can help recover the following damages for the physical, emotional, and financial harm caused by nursing home neglect:

• Medical expenses arising from emergency room visits, doctor consultations and specialist care, prescription medications to reverse the effects of overmedication, physical therapy and rehabilitation, ongoing medical care for permanent damage, etc.
• Chronic pain caused by excessive medication use, suffering from withdrawal symptoms if the resident was overmedicated with sedatives or opioids, or any long-term disabilities resulting from falls, fractures, or organ damage due to overmedication.
• Psychological trauma from being chemically restrained, emotional suffering due to loss of independence, as well as mental health treatment costs.

In cases where a nursing home intentionally overmedicates a resident or engages in reckless conduct, courts may award punitive damages to punish the facility and deter future elder abuse.

If overmedication leads to a resident’s death, the victim’s family members may file a wrongful death claim to recover funeral and burial costs, loss of companionship, as well as emotional suffering of surviving family members.

Preventing Overmedication in Nursing Homes

Preventing overmedication in Chicago nursing homes requires proactive advocacy from family members, healthcare providers, and legal professionals.

Advocating for Residents’ Rights

Families should ensure that their loved one receives appropriate care by:

• Reviewing medication plans and requesting regular updates on prescriptions and dosages from nursing home staff.
• Asking for explanations for any new medications, increased dosages, or changes in treatment.
• Monitoring for overmedication signs like drowsiness, confusion, personality changes, and physical decline.
• Ensuring informed consent before medication changes.

Reporting Concerns

Follow these steps if you suspect that a nursing home is improperly medicating a resident:

• Request a meeting with the nursing home director, medical team, or administrator to discuss concerns. Document all interactions in writing.
• File a report with the Illinois Department of Public Health (IDPH) by calling 1-800-252-4343. They oversee nursing home regulations and investigate complaints.
• Contact the Illinois Long-Term Care Ombudsman Program for assistance. Ombudsmen advocate for nursing home patients and can help mediate disputes.
• Consult a Chicago nursing home abuse attorney. If a nursing home facility has violated federal regulations or Illinois law, legal action may be necessary to recover damages and ensure your loved one’s safety.

Consult a Chicago Nursing Home Overmedication Lawyer Near You!

At Rosenfeld Injury Lawyers, we specialize in representing Illinois nursing home residents and their family members in cases of nursing home neglect, medication errors, and elder abuse. Our law firm has successfully recovered millions for victims of nursing home abuse throughout Chicago and Illinois.

We handle nursing home abuse cases on a contingency fee basis. This means there are no out-of-pocket costs to start your case, and we only get paid if we help you recover compensation. Call (888) 424-5757 or fill out our contact form to book a free consultation.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.