Failure to Provide Ordered Anticonvulsant Resulting in Seizure and ED Transfer
Summary
The deficiency involves the facility’s failure to ensure a resident was free from significant medication errors when an ordered anticonvulsant, Lacosamide 200 mg PO twice daily, was not administered for multiple days due to it being out of stock and a lapse in obtaining a valid prescription. The resident had a history of epilepsy along with other diagnoses including COPD, hemiplegia and hemiparesis following cerebrovascular disease, type 2 diabetes mellitus, alcoholic cirrhosis, chronic pancreatitis, hypothyroidism, and hyperlipidemia. The resident’s MDS documented moderate cognitive impairment with a BIMS score of 12. The Order Summary showed a standing order for Lacosamide 200 mg twice daily since May 2025. However, the April 2026 MAR reflected repeated use of chart codes indicating the medication was held or otherwise not given, with corresponding progress notes documenting that the medication was out of stock or awaiting delivery. On 04/07/2026, nursing documentation showed that Lacosamide was out of stock, the provider was notified, and a hard prescription was sent to the pharmacy. The resident’s power of attorney was also notified. That evening, it was again documented that the medication was not in stock. On 04/08/2026, progress notes at both morning and evening medication times recorded that the resident’s Lacosamide was still awaiting delivery. On 04/09/2026, the evening note again stated the medication was still awaited from the pharmacy. On 04/10/2026, nursing notes documented that no Lacosamide was in stock in the morning, and in the evening that the provider was to send a new prescription and the facility was awaiting its arrival. On 04/11/2026, morning documentation again stated the medication was not available. Throughout this period, the MAR entries used codes indicating the medication was held or otherwise not administered, with references to progress notes for explanation. On the afternoon of 04/11/2026, the resident was observed having a seizure in the dining room lasting approximately 10 minutes, after which the provider was called and an order was obtained to send the resident to the emergency department. Hospital records documented that the resident arrived with a diagnosis of epileptic seizure with status epilepticus and that seizure activity with left-sided twitching and tremors lasted approximately 12 minutes during the ED stay. The hospital nurse, after reviewing the facility’s MAR, documented that the resident had not received Lacosamide since the morning of 04/09/2026, despite an order for 200 mg twice daily, and that the medication had not been given in over 48 hours. The resident received Ativan and Keppra intravenously in the hospital and was discharged back to the facility with instructions to administer Lacosamide that night. Interviews with facility staff, the nurse practitioner, and the pharmacy confirmed that the medication had not been supplied or administered due to issues with the prescriber’s DEA information and unsuccessful attempts to obtain a valid prescription, resulting in the resident missing multiple doses of the ordered seizure medication and experiencing a seizure requiring emergency care. Interviews further clarified the sequence of communication failures that contributed to the missed doses. The community liaison stated that the medication not being sent to the facility was related to the nurse practitioner’s DEA number, though she was unsure of the exact problem. The nurse practitioner reported that when informed a renewal was needed, she immediately sent a prescription but later learned her DEA expiration date was entered incorrectly in the system, causing prescriptions to print instead of being electronically transmitted. She stated she was not informed that the medication was actually out of stock at the facility and indicated that, had she known, she could have provided a verbal order or arranged for another practitioner to write the prescription. The pharmacy representative reported that the facility sent a refill request, the pharmacy identified that a new prescription was required, and they notified the nurse practitioner multiple times by phone and fax, attempting to obtain a verbal order, but were told by the office receptionist that verbal orders would not be accepted because providers were not responding timely. The DON stated that nurses had sent a refill request, that she later learned of the DEA issue, and that although she contacted the pharmacy and the nurse practitioner, she did not escalate to the medical director because the nurse practitioner repeatedly indicated the situation was being resolved. The resident stated he was not made aware that the facility was without one of his medications. These documented actions and inactions resulted in the resident not receiving Lacosamide as ordered for several days and experiencing a seizure that required emergency department treatment.
Penalty
Resources
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