Residents of nursing homes are often given antidepressant or psychotropic drugs without the knowledge of their family. Even when a family member has power of attorney, staff may be reluctant to stop these medications when requested.

Chicago nursing home abuse attorneys say this is absolutely not acceptable.

If a patient is unable to understand the risk of a medication or treatment and therefore, cannot give his informed consent, then whomever has power of attorney has the duty to give consent (or not) for use of psychotropic drugs (which are classified as any drug capable of affecting the mind, emotions, and behavior).

According to Illinois nursing home negligence lawyers in our state, psychotropic medication cannot be prescribed without the informed consent of the patient, the resident’s guardian, or other authorized representative. However, the practice of administration based solely upon a physician’s order without patient or guardian consent is sadly, common. Many guardians may be contacted regarding other needs, yet be unaware when new medications are prescribed. Worse yet, staff in some facilities are hesitant to be forthright when asked directly and specifically about the administration of a psychotropic drug, as family members typically have concerns … for very good reasons.

According to a 1997 study by the Federal Dept. of Health and Human Services (OEI-06-96-00081), 15% of consulted pharmacists reported physicians prescribing inappropriate antidepressants to residents of skilled nursing facilities. Many times, this is the result of a direct request by nursing staff and without a proper evaluation by the physician. According to the report, “One-third say antidepressants are sometimes prescribed without an appropriate diagnosis and that few or no physicians ensure their maintenance at appropriate levels.”

Chicago nursing home abuse attorneys who represent victims of Illinois nursing home neglect find over-medicating is all too common. Many nursing homes fall short of the legally required documentation of medication administration, and an alarming number of facilities operate without clearly enforced documentation policies. It’s often one of the common items noted as a violation during annual inspections.

If you believe a loved one was given an antidepressant or psychotropic drug without proper evaluation, documentation or informed consent, contact an Illinois nursing home negligence lawyer today.

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