What To Do If A Nursing Home Is Overmedicating Residents

Overmedication in nursing homes is a serious issue that often goes unnoticed until it causes significant harm to residents. The misuse of medications, particularly antipsychotic drugs, can lead to severe health complications, loss of independence, and even premature death. Families trust nursing homes to provide safe, compassionate care, yet too often, medication is used as a means of control rather than treatment. Understanding the causes, consequences, and legal ramifications of overmedication is crucial for protecting the well-being of elderly residents. In this blog, we explore how overmedication harms nursing home residents and what you can do if your loved one suffered nursing home abuse and neglect.

The Scope of Overmedication in Nursing Homes

The overuse of medications in long-term care facilities is alarmingly common. According to a report by Human Rights Watch, an estimated 179,000 nursing home residents in the U.S. are administered antipsychotic drugs without a proper diagnosis each week. These drugs, originally intended for schizophrenia and severe mental illnesses, are frequently given to dementia patients to manage behavioral symptoms, despite FDA warnings about increased risks of death.

The Centers for Medicare & Medicaid Services (CMS) reported that in 2011, nearly 24% of long-stay nursing home residents were receiving antipsychotic drugs. While regulatory efforts have reduced this percentage in recent years, the problem remains pervasive. A 2021 study found that many nursing homes still rely on these medications as a form of chemical restraint, rather than as a last-resort treatment option.

Why Are Nursing Home Residents Overmedicated?

Several systemic issues contribute to the widespread overmedication of nursing home residents:

1. Understaffing and Overburdened Caregivers

Many nursing homes operate with inadequate staff-to-resident ratios, leaving caregivers overwhelmed. Instead of providing individualized care, staff may resort to sedating medications to manage residents with dementia or other cognitive impairments. A study published in JAMA Network Open found that understaffed nursing homes, particularly those in disadvantaged communities, were significantly more likely to administer antipsychotic drugs improperly.

2. Lack of Proper Training

Many nursing home employees lack training in non-pharmacological interventions for managing dementia-related behaviors. When staff are not educated on alternative methods such as therapeutic activities, redirection techniques, or environmental modifications, medication becomes the default solution.

3. Behavioral Management

Residents with cognitive impairments or behavioral disturbances may be perceived as difficult to manage. Instead of addressing the root cause of their behavior, some facilities administer drugs to suppress agitation, aggression, or restlessness. This practice raises ethical concerns about bodily autonomy and informed consent of nursing home residents.

4. Financial Incentives and Pharmaceutical Influence

There is evidence that some nursing homes overprescribe medications due to financial incentives. Antipsychotic medications are expensive, and pharmaceutical companies have historically promoted their use in long-term care settings. In 2009, Eli Lilly paid $1.4 billion in settlements for illegally marketing Zyprexa, an antipsychotic, for unapproved uses in dementia patients.

The Consequences of Overmedication

Overmedication in nursing homes has serious health and quality-of-life implications for residents:

Increased Risk of Death

The FDA has issued black box warnings on antipsychotic drugs, stating that their use in elderly dementia patients increases the risk of death. A 2015 study published in JAMA Psychiatry found that elderly patients taking these drugs were at a 60–70% higher risk of mortality than those not using them.

Higher Risk of Falls and Fractures

Sedative medications can cause drowsiness, dizziness, and loss of coordination, significantly increasing the likelihood of falls. According to the National Institute on Aging, falls are the leading cause of injury-related deaths among adults aged 65 and older. Overmedicated residents may suffer hip fractures, head injuries, or other serious complications that further diminish their independence.

Cognitive Decline and Reduced Quality of Life

Excessive medication can lead to excessive sedation, making residents unresponsive and withdrawn. Many families report that their loved ones seemed “like a different person” after being placed on sedatives. This loss of engagement affects mental health, social interactions, and overall well-being.

Recourse for Families of Victims of Overmedication

Families who suspect that a loved one has been overmedicated in a nursing home have legal options to pursue justice:

Filing a Complaint with Regulatory Agencies

If you suspect overmedication, you can file a complaint with the Illinois Department of Public Health (IDPH). IDPH has the authority to investigate nursing homes, conduct inspections, and impose penalties for violations.

Pursuing a Civil Lawsuit

Overmedication can be considered a form of elder abuse or neglect. Under Illinois law, families can file a personal injury or wrongful death lawsuit against a facility if their negligence led to harm. The statute of limitations for nursing home abuse cases in Illinois is generally two years, making it essential to act promptly.

Seeking an Ombudsman’s Assistance

The Long-Term Care Ombudsman Program advocates for the rights of nursing home residents. If you need help addressing concerns, an ombudsman can provide guidance, mediate disputes, and ensure proper care for your loved one.

Preventing Overmedication in Nursing Homes

Addressing the problem of overmedication requires a multi-faceted approach involving families, healthcare professionals, and policymakers. Here are some ways to prevent unnecessary medication use:

1. Advocate for Your Loved One

Families should take an active role in their loved one’s healthcare by asking questions about medications, requesting regular medication reviews, and ensuring informed consent before any new prescription.

2. Encourage Non-Pharmacological Interventions

Nursing homes should prioritize alternative methods to manage behavioral symptoms. Music therapy, exercise programs, pet therapy, and personalized activity plans can help reduce anxiety and agitation without relying on sedatives.

3. Push for Stricter Regulations

Advocating for stronger laws and enforcement against overmedication can help protect vulnerable nursing home residents. Policies that mandate better staffing ratios, training programs, and stricter oversight of antipsychotic prescriptions can make a significant impact.

4. Regularly Monitor Your Loved One’s Condition

Frequent visits, communication with staff, and reviewing medical records can help families detect signs of overmedication early. If a resident appears overly drowsy, unresponsive, or has sudden cognitive changes, it may be a red flag.

Contact the Award-Winning Illinois Nursing Home Abuse Lawyers at John J. Malm & Associates

Overmedication in nursing homes is a hidden crisis that endangers the health and dignity of elderly residents. While some progress has been made in reducing the misuse of antipsychotics, many nursing homes continue to rely on medication as a shortcut for behavioral management. Families must stay informed, advocate for their loved ones, and seek legal action when necessary to ensure that every resident receives the respectful, individualized care they deserve.

If you suspect that your loved one has been harmed due to overmedication in their nursing home, our experienced Illinois nursing home abuse attorneys can help you hold negligent facilities accountable. Contact us today for a free consultation.