Can Administering a Sleep Aid in a Nursing Home Be Considered Neglect?

In many nursing homes, some residents may need medication to fall asleep. While these medications can be beneficial when prescribed and administered in an appropriate manner, their misuse or overuse can raise legal concerns.

Can administering a sleep aid in a nursing home be considered neglect? We will examine the legal implications and discover your options if your loved one has been subjected to this treatment.

Sleep Aids and Elderly Care

Unfortunately, many older adults can experience problems falling or staying asleep. In these cases, sleep aids can help. Some residents in nursing homes may suffer additional sleep disruptions due to noise, light, or irregular schedules.

Under those circumstances, physicians may prescribe sleep aids to help manage these issues. These can include medications, such as benzodiazepines or non-benzodiazepine sedative-hypnotics. They can improve sleep quality and enhance residents’ overall health when used under medical supervision.

Neglect in a Nursing Home

Nursing home neglect can happen when there is a failure to provide necessary care, services, or protection to these residents. In turn, that can cause harm to an individual. Some of these examples include:

●      Failing to meet basic needs, such as food, hydration, and hygiene

●      Ignoring medical conditions

●      Creating unsafe living conditions

Along with that, neglect can also involve medication errors and the misuse of administering these prescriptions.

All facilities must adhere to the regulations set by the Centers for Medicare & Medicaid Services (CMS). Under the Code of Federal Regulations, medications are to be used judiciously and only when medically necessary. Any deviation can be considered a breach of duty, possibly rising to the level of neglect.

Does Administering Sleep Aids Constitute Neglect?

There are some specific circumstances when giving a sleep aid could fall into the category of neglect. Some of these situations may include:

Use Without Medical Necessity

These types of medication should only be prescribed after a thorough medical evaluation. Also, there needs to be a legitimate need for medication. If staff administer sleep aids to manage residents’ behavior or make caregiving tasks easier, that can be considered a chemical restraint.

Failure to Monitor Residents

Even with a prescription, the nursing home staff needs to monitor all residents to make sure there are no side effects. If there is a failure to watch their clients, it could lead to excessive sedation, increased risk of falls, or respiratory depression. Neglect occurs when staff fails to recognize or address these risks.

Overmedication

Overmedication is a common issue in nursing homes. This problem can occur when sleep aids are prescribed inappropriately in high doses or for extended periods. Overuse of these medications can lead to cognitive decline, mobility impairments, and diminished quality of life. When overmedication results from a lack of oversight, it may be classified as neglect or even abuse.

Lack of Informed Consent

Residents or their legal representatives have the right to be informed about the risks and benefits of any medication, including sleep aids. Administering these medications without obtaining informed consent violates this right. In turn, that may constitute neglect, especially for those residents with cognitive impairments who cannot advocate for themselves.

What Are the Legal Issues Associated with Sleep Aids?

If a nursing home or their staff members have administered sleep aids improperly, then that can lead to severe consequences. Nursing homes that engage in these practices risk regulatory penalties, lawsuits, and reputational damage.

Any violation of the guidelines from the Centers for Medicare & Medicaid Services (CMS) will result in fines, loss of funding, or closure of the facility.

Individual caregivers who give sleep aids inappropriately may be subjected to disciplinary actions, loss of licensure, or even criminal charges if the harm caused is deemed intentional or egregious.

In serious cases that result in harm to your loved one, you have the option to take legal action, especially if there is some type of loss. With that, you can hold those parties accountable for their actions and ensure that no one else is subjected to neglectful medical care.

Giving a sleep aid in a nursing home can be a legitimate part of care. However, it must be done with caution, transparency, and a commitment to residents’ well-being. Misused sleep aids can lead to neglect, which compromises the health of vulnerable individuals.

If you have learned that the nursing home improperly used these medications for your loved one, you have options. At My Nursing Home Abuse Guide, we can put you in touch with a skilled nursing home lawyer who is ready to discuss the details of your case.