Is a Nursing Home Liable for Giving Someone the Wrong Medication?

 Posted on August 21, 2026 in Nursing Home Abuse and Neglect

Many nursing home residents rely on medication to keep their health stable. They also depend on staff to give them the correct medicine, in the correct dose, at the correct time. If a staff member makes a mistake and the resident is harmed, the nursing home could be responsible.

A Montgomery County, MD nursing home neglect attorney can help you understand whether your loved one's nursing home is liable for medication errors in 2026.

What Counts as a Medication Error in a Maryland Nursing Home?

Medication errors can take several forms. Common examples include:

• Giving a resident the wrong drug

• Administering the wrong dose of a drug

• Giving medication meant for a different resident

• Missing a scheduled dose or giving it at the wrong time

• Failing to check for dangerous drug interactions

Any of these mistakes can cause everything from mild side effects to serious medical emergencies, depending on the drug. Some errors, if caught quickly, may cause little lasting damage. Others, especially with residents on several medications, can lead to a serious decline in health.

When Is a Nursing Home Liable for a Medication Error in Maryland?

Not every medication mistake leads to a lawsuit. A case depends on whether someone failed to provide proper care and whether the resident was harmed as a result.

Examples of poor care can include:

• Understaffing that leads to rushed or skipped medication checks

• Poor staff training on medication procedures

• Failing to follow a physician's orders

• Not monitoring a resident for side effects after giving medication

• Failing to keep accurate medication records

The nursing home may be responsible for a mistake made by its staff. It may also be responsible if poor training or short staffing helped cause the error. Medical records and staffing logs can help show what went wrong.

What Rights Do Maryland Nursing Home Residents Have Regarding Medication?

Maryland law gives nursing home residents certain rights under Health-General Article Section 19-344. Residents have the right to take part in planning their medical treatment. They can also refuse medication or treatment and learn what could happen if they do so.

Unless there is a medical reason not to, the resident’s doctor must explain the diagnosis, treatment, and likely outcome in language the resident can understand. Staff must follow the doctor’s instructions about the correct medicine, dose, and timing.

What Should You Do If You Suspect a Medication Error in Maryland?

If you believe your loved one was given the wrong medication, act quickly. Make sure they receive any medical care they need. If you are legally allowed to act for them, request their medical records and medication log. Ask the facility what happened and try to get its answer in writing. You can also file a complaint with Maryland's Office of Health Care Quality, which investigates nursing home care issues. Getting your loved one evaluated by an outside doctor can also help confirm what harm, if any, resulted from the error.

A Maryland medical malpractice claim generally must be filed within three years after the injury was discovered or five years after the injury occurred, whichever comes first. Special filing rules also apply to these claims. Because deadlines can vary, it is important to speak with an attorney as soon as possible. 

Call a Silver Spring, MD Nursing Home Abuse Attorney Today

Medication errors can do serious harm. Families deserve answers when something goes wrong, and you shouldn't have to find them on your own.

Our Montgomery County, MD nursing home neglect lawyer answers calls 24/7 and handles every case on a contingency fee basis, so you owe nothing unless we win for you. As a solo attorney with more than 12 years of experience, Attorney Serafini gives each case his personal attention. He supports his clients while staying aggressive with insurance companies and other defendants.

Call Serafini Law at 240-744-1600 today to schedule your free consultation.