drug overuse in nursing homes Tag Archives

Published on: October 9, 2026

HHS Office of Inspector General Investigation Finds Inappropriate Use of Antipsychotic Drugs to Treat Dementia Residents in Nursing Homes

The Department of Health and Human Services Office of Inspector General published a report in March 2026 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.

Published on: May 20, 2024

Feds Target Overuse of Antipsychotic Drugs in Nursing Homes

by Robert N. Katz, Esq.

Medicare warnings to nursing homes that are believed to engage in the overuse of antipsychotic drugs among their residents can help reduce these dangerous practices.

Some of the common medications that can be used on nursing home residents include quetiapine which is often used to help treat symptoms of anxiety, hallucinations and delusions among persons suffering from dementia. Research suggests that as many as one in every 7 nursing home residents is prescribed the drug. While the drug can be helpful in controlling the symptoms, it is not without its side effects which include kidney injury, heart failure and an increased risk of strokes and blood clots. According to one study, long term use of quetiapine is associated with a 62% increased risk in kidney damage and a 27% increase in heart failure risks. These residents may also have a 65% increased risk of suffering a stroke. Bone fractures are also another huge risk with an estimated 43% increased risk among patients on quetiapine.

Officials at the Centers for Medicare and Medicaid Services are currently investigating an increase in the use of antipsychotic medications at some nursing home facilities across the country. As part of the investigation, the agency found that more than 5,000 doctors were aggressively prescribing medications to patients at several facilities. More than 80,000 patients were receiving these medications.

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

by Robert N. Katz, Esq.

A report by the Department of Health and Human Services finds that a shocking 80% of elderly nursing home residents in the country have been administered antipsychotic medications, for off-label purposes.Because these medications have a high risk of deaths, it is statistically likely that some of the patients died as a result of the use of these medications. The off-label use of these medications raises the likelihood of claims for nursing home abuse, medical malpractice and product liability. Atlanta injury attorneys will need to closely monitor the developments in this area and will likely get calls from families of patients who were treated with these medications.

According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder.There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death.In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now.

Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents.One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs.An off-label use of a drug is one which has not been approved by the Food and Drug Administration.Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.