Lawsuits Pending Against South Carolina Nursing Home from DHEC Violations and Claims of Reckless Neglectful Care
The South Carolina Department of Health and Environmental Control (DHEC) investigated a nursing home in February 2019 after receiving complaints about alleged tardiness in dispensing medications and significant medication errors. The report from that investigation indicated that there were numerous instances of late administration and late charting of residents’ medications.
The nursing home has also recently been notified of an intent to file a lawsuit on behalf of a deceased resident who was in the facility from 2012 to 2017. The suit alleges that the facility was negligent in providing care for the resident by providing inadequate supervision and monitoring, failing to notify the resident’s physician about resident condition changes, and failing to document those changes.
The other suit involves an alleged medication overdose of another resident that was filed in May 2019 but occurred in November 2018. This suit claims that another resident under hospice care was given the five medications (Morphine, Amitriptyline, Gabapentin, Ropinirole, and Zoloft) intended for her roommate. The nursing home did not report the medication error to the hospice nurse for about nine hours, and the resident was not sent to the hospital until the hospice nurse reported the resident’s lethargic state.
Other allegations that have surfaced regarding the nursing home include a recent DHEC investigation regarding a cover-up of 30 missing oxycodone tablets and the failure of the facility to document and report the missing drugs to the DHEC within 24 hours after the incident.
Compliance Perspective
Failing to give residents their medications on time, giving multiple medications to the wrong resident, not making proper notifications to care providers about incidents, and failing to document and notify authorities within 24 hours about missing controlled medications may be considered abuse, neglect, and provision of sub-standard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the “five rules of medication administration,” timely notification to care providers regarding changes or incidents involving residents, and timely reporting of incidents involving missing controlled medications to proper authorities.
- Train staff regarding the “five rules of medication administration,” documentation of late medication administration, medication errors, monitoring and reporting changes in residents’ conditions, particularly when a medication error has occurred, and documentation and timely notification to authorities about missing controlled medications.
- Periodically audit to determine if staff are administering medications on time and according to the “five rules of medication administration.” Review reconciliation records to ensure proper documentation and that any missing controlled medications are reported within 24 hours of discovery.
