Georgia Injury Law Blog
The Department of Health and Human Services Office of Inspector General published a report in March 2026 (https://oig.hhs.gov/documents/evaluation/11547/OEI-02-23-00200.pdf) of a review that highlighted the inappropriate use of antipsychotic drugs in nursing homes. Of course, nursing home abuse is a significant issue in the United States and results in a significant number of personal injury lawsuits each year.
It has long been a concern that the sedative effect of antipsychotics may be being used by nursing home staff to control residents’ behavior. This is especially concerning because antipsychotic drugs are not approved by the FDA to treat patients with dementia. In fact, the FDA has imposed a black box warning, the strongest warning, on the use of antipsychotic drugs by elderly patients with dementia. Accordingly, the use of these medications is very often a sign of negligent care and treatment by the nursing home staff. The Centers for Medicare & Medicaid Services (CMS) has put in place restrictions on the use of drugs in nursing homes that participate in Medicare and Medicaid, including that residents must be “free from chemical restraints imposed for the purposes of staff convenience.” Additionally, nursing homes must have a documented clinical rational for administering a medication based on the resident’s condition and is consistent with the manufacturer’s recommendations and/or clinical practice guidelines.
The OIG’s review found that nursing homes gave antipsychotic drugs to residents with dementia to manage their behavior for the benefit of staff, even when this behavior posed no risk to themselves or others. Medical directors failed to prevent this inappropriate use of such drugs with one nursing home psychiatrist admitting that “[the] medications are more [for the] benefit of [the] staff.” The review also found that nursing home pharmacists failed to identify medical concerns and did not recommend dosage reductions despite CMS requirements for monthly review of residents’ medication regimens. The failure of a pharmacist to identify these issues may also be found to be negligent conduct. Further, the review found that inadequate policies and procedures undermined safeguards that were meant to protect residents from inappropriate use of antipsychotic drugs.
This report is the first of a two-part series. The companion report (https://oig.hhs.gov/reports/all/2026/nursing-homes-inappropriate-use-of-antipsychotic-drugs-poses-a-risk-to-residents/) addresses the issue of inappropriate diagnoses of residents with schizophrenia to mask the nursing homes’ misuse of prescription of antipsychotic drugs as well as to skirt Medicare safeguards intended to protect residents. In addition, medical directors made inappropriate diagnoses were also used to justify the prescription of antipsychotic drugs. This type of conduct is likely an intentional tort and may subject the nursing home and director to significant claims of personal injury.
These reports highlight the continued inappropriate use of antipsychotic drugs in nursing homes, despite HHS and CMS guidelines. The OIG conducted a report in 2011that found the vast majority of these drugs were being prescribed to dementia patients. A subsequent report in 2019 found that more than one in five residents were prescribed these drugs in 2019.
The Atlanta nursing home abuse lawyers at Katz Personal Injury Lawyers are dedicated to the representation of seniors who have suffered injuries due to abuse and neglect in nursing homes in the metro Atlanta region and across the state of Georgia. If you or a loved one have suffered injuries as a result of nursing home abuse and neglect, talk to a lawyer at our firm, and discuss your legal options for a claim for damages. You may qualify for compensation that includes medical expenses, lost income and other forms of damages. Please click here to contact our law firm and discuss your case. Initial consultations are free.