To the contrary, the majority of circumstances when a patient develops a bed sore during an admission to a nursing home is an indication of inadequate care or neglect.

At the very least, bed sores are a source of embarrassment and pain for the patient.  In other cases, bed sores can progress to the point that an open wound results and greatly increases the chances of the patient developing serious complications such as: sepsis, osteomyelitis or gangrene.  Yet, in other situations bed sores may be fatal.

Pursuant to federal law, any nursing home accepting federal funds must evaluate new patients for the presence of bed sores on admission and develop a plan of care to ensure that bed sores do not develop at in the future.  Most nursing home care plans entail:

• ‘turning’ patients at regular intervals
• ensuring proper hydration and nutrition
• keeping patients clean and dry

Studies continue to demonstrate that with the proper care, bed sores (also referred to as pressure sores, pressure ulcers or decubitus ulcers) are an unnecessary medical complication that can be prevented when staff are attentive to patient needs.

Unfortunately, many nursing homes have jeopardized the safety of their patients— and have increased their risk for developing bed sores— by deliberately reducing the staffing levels at facilities to the point where patients’ needs go unattended— in order to drive profits at the facility.

When the nursing home’s inattention results in a patient developing bed sores, the individual or their family may be entitled to pursue a legal claim or lawsuit against the facility for their negligence.  Depending on the laws of the jurisdiction, a bed sore lawsuit may allow for recovery of medical expenses, pain and suffering, lost wages or even death benefits when a nexus between the bed sore and death can be established.

A lawyer experienced in prosecuting nursing home bed sore cases, should be able to evaluate your claim and advise you of your legal rights pursuant to the applicable law.  In most states, bed sore lawsuits must be filed within a specific period of time known as the statute of limitations.  While an applicable statute of limitation may allow for a lawsuit to be filed years after the poor care, it may take months to obtain copies of the medical charts so many attorneys suggest conducting an investigation as soon as feasible.

Related:

• Family Sues Illinois Nursing Home Over Relative’s Death Related To Bed Sores & Infection
• Bed Sore Prevention Is An Ongoing Process For All Nursing Home Patients
• Lawsuit Blames Nursing Home, Management Company & Staff Doctor For Patients Decubitus Ulcers
• Mounting Evidence Suggests That Bed Sore Prevention Is Cost Effective

Most pressure sores are preventable and are caused by faulty care where the nursing home or hospital does provide adequate care to prevent and treat bed sores.  Patients vulnerable to developing pressure sores are the elderly, people who are bedridden, and people with diabetes.

Pressure sores in nursing homes can be prevented by taking simple preventative measures including:

• Turning patients
• Using pressure reducing mattresses and pads (pressure relieving devices)
• Keeping residents clean and dry
• Providing adequate nutrition and hydration
• Performing skin checks

Related:

Can dehydration contribute to the development of bed sores?

Can malnutrition cause bed sores?

What is ‘turning’ and why is it important to prevention of bed sores?

Are pressure relieving mattresses required to be used in nursing homes?

The subject of the lawsuit, Nellie Wilks, was an elderly woman who was admitted to Parkwood Skilled Nursing and Rehabilitation Center on July 7, 2008.  At the time of her admission, Ms. Wilks suffered from various medical conditions and was very much dependent on the staff at Parkwood for providing care for her daily living needs.  Despite her maladies, Ms. Wilks did not have any type of pressure sore on her body.

Also at the time of her admission, the staff at Parkwood conducted an assessment of Ms. Wilks needs and determined her to be at risk for developing bed sores, due to her limited mobility, incontinence of bowel and bladder and need for staff assistance with all of her daily living needs.

The failure on the part of the staff at Parkwood (as well as the owners’ failure to provide staff with the means to do their job) to properly implement Ms. Wilks’ plan of care is alleged to be responsible for the development of a stage IV pressure sore on Ms. Wilks’ sacrum. The wound’s advanced nature, necessitated a medical procedure known as a diverting colostomy and extensive medical care until her death on October 26, 2008.

Related:

Are incontinent patients at an increased risk for developing bed sores?

Nursing Home Injury Laws: Missouri

Are there any federal regulations that apply to the prevention of bed sores?

How does the use of the Braden Scale help in the prevention of bed sores?

If a lawsuit or claim is filed against a facility where a person developed bed sores, what type of damages is the person entitled to?

The first count alleges that Walnut Grove Village failed to properly care for Mrs. Mickelson after a fall on Jan. 27, 2010. The fall resulted in a broken hip. According to court documents, Mickelson was unsupervised at the time of the fall, and was required to undergo surgery for the hip fracture. The lawsuit alleges that the hip injury resulted in further medical complications, which ultimately led to Mrs. Mickelson’s early death.

The second count claims that Walnut Grove failed to properly care for a bed sore, or pressure ulcer, that developed on Mickelson’s left heel. According to the Daily Herald, the bed sore become infected, and ultimately required surgery on March 18, 2010. Heels are one of the most common areas on the body where bed sores appear.

According to the Fruland Funeral Home in Morris, Illinois, Mrs. Mickelson died on April 17, 2010, at the age of 88.

Related:

Nursing Home Injury Laws: Illinois

1) Fall In Nursing Home, 2) Bed Sore In Nursing Home, 3) Lawsuit Against Nursing Home

Medical Facilities Are Not Doing Enough To Prevent Pressure Ulcers On Patients’ Heels

Hip Fractures And Some Unsettling Statistics

According to the Southeast Texas Record, Ronald Lee Phillips, Sr. was admitted to Memorial Hermann on Oct. 29, 2006, for two consecutive seizures.  The Record reports that his doctors, Dr. Darella Cooper and Dr. Jeffrey Klem, were informed of his symptoms in the evening, yet delayed seeing Mr. Phillips until the next morning.

“At some point after admission, {Dr. Klem} was informed of Mr. Phillips’ condition, which indicated a potential heart attack,” the suit states. “However, Dr. Klem failed to respond in a timely manner, and delayed seeing {Mr. Phillips} for several hours.”

During the evening, Mr. Phillips suffered a heart attack, which resulted in severe physical and mental injuries, the suit states. Mr. Phillips remained a patient at Hermann Baptist until mid-November 2006. Throughout his stay, Mr. Phillips developed a stage 3 decubitus ulcer, as well as a staph infection, according to court records.

Mr. Phillips is suing Hermann Baptist for physical pain, suffering, mental anguish, physical impairment, physical disfigurement and incurred medical expenses. Mr. Phillips’ wife, Fredericka – also a plantiff in the case – is suing Hermann Baptist for mental anguish, loss of consortium,, and loss of services. The Phillips are suing for an undisclosed amount.

Texas law states that plaintiffs may sue for up to $250,000 in medical malpractice cases.

The plaintiff, Dennis Lee Haney, said in a complaint that Eskaton Properties, Inc. was responsible for the early death of his mother, 78-year-old Dorris Hilton. Hilton spent three months in Eskaton’s Fair Oaks Care Center facility before passing away in November, 2006, from a urinary tract infection (UTI).

“She was neglected and without care or attention, without assistance in feeding or toileting, and was left without medication for a diagnosed urinary tract infection until she became confused and incoherent,” Haney’s complaint said. “During this time, her cries of pain for assistance prompted no response from defendants, who had allocated knowingly inadequate resources to provide proper staffing to care for [my mother].”

A spokesperson for Eskaton, which is based in Carmichael, Calif., said that the allegations were unfounded, according to Patch.com

“{We} maintain that this individual was provided the same highest level of care that each of the 3,500 people we serve each day receives,” said Stuart Greenbaum. “Because the case is still being litigated, we cannot respond further on the details. Except to add that this unique allegation is incredibly disconcerting to the 1,700 dedicated and compassionate professionals who work for Eskaton.”

Patch reports that there have been several complaints of abuse filed against Eskaton’s Sacramento properties over the past few years. Neither Haney’s attorney, Lawrence Hensley, nor Greenbaum could say whether the number of complaints was commensurate with the normal rate for the region.

According to Eskaton’s Web site, Eskaton has more twenty-nine care centers throughout Northern California, and treats more than 14,000 adults annually. With 9,025 facilities, and 289,891 beds, California has the highest number of nursing home residents in the country, according to Administration on Aging data.

Sadly, despite its largess and financial profitability, nursing home patients in HCR ManorCare facilities are subject to many of the same stubborn problems encountered by patients at lesser known facilities.  In particular, many patients in ManorCare skilled nursing facilities are at risk for development of pressure sores, also referred to as bed sores, decubitus ulcers or pressure ulcers.

While multiple factors may be at play when a patient develops decubitus ulcers, one of more common underlying problems is that many facilities do not have adequate numbers of staff to help care and re-position patients who may be disabled or unable to move on their own.  Medical studies have demonstrated that when nursing home patients remain in one position for extended periods of time, they are at heightened risk for developing pressure sores.

Along these lines, the family of a deceased woman has filed a wrongful death lawsuit against a ManorCare nursing home in West Virginia after their family member developed multiple health problems including: dehydration, malnutrition and pressure sores during an admission.

According to the nursing home lawsuit, the woman’s conditions developed and progressed during the three year period she was a patient at ManorCare.  In addition to seeking compensatory damages for medical expenses, pain and emotional trauma– the lawsuit further seeks punitive damages against HCR ManorCare and other related entities.

Related:

Family Awarded $546,000 In ManorCare Lawsuit

Chicagoland Manor Care Facility Named In Wrongful Death Lawsuit

What’s In A Name? Are Large Nursing Home Chains Intentionally Attempting To Deceive The Public When It Comes To Corporate Ownership?

ManorCare

According to the lawsuit, the man was admitted to Sherman Hospital (a Chicagoland hospital) on July 5, 2008 for an elevated body temperature.  However, when staff at the hospital examined the man they noticed other problems such as: poor oral hygiene, bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers) covered with feces and an exploded colostomy bag.

Consequently, the hospital staff reported the suspected mistreatment to the Illinois Department of Health to investigate further.

The man died on July 31, 2008 due to a staph infection and pneumonia.  This nursing home negligence lawsuit is pending in Kane County, Illinois.  Read more about this Illinois Nursing Home Lawsuit against Tower Hill Healthcare Center here.

Related:

Problems persist in Chicago nursing home with track record of providing poor nursing care

How much money does it cost to pursue a claim or lawsuit for bed sores?

Family Of Disabled Man File Nursing Home Neglect Lawsuit Against Chicagoland Facility

Chicago Nursing Homes Not Making The Grade

Does the family of a deceased person who had bed sores at the time of his death have any legal recourse against the facility where the wounds developed?

Along these lines, an obviously compassionate jury in New York awarded the family of a man who succumbed to infection following the development of bed sores almost $19 million.  The New York Post reported that the Brooklyn jury’s award was comprised of $3.75 for the man’s pain and suffering and a hefty $15 million in punitive damages.

According to the man’s daughter’s Margaret Whitehurst, the man rapidly declined during his nine month admission to Brooklyn Queens Nursing Home.  ”He walked in on two legs and a cane.  He was 237 pounds.  When we got him back, he was 148 pounds and had holes all over his body.”

In addition to hearing testimony regarding severe bed sores (also called: decubitus ulcers, pressure ulcers or pressure sores), the jury also heard from an expert witness who testified about how the nursing home altered the man’s medical records to make it appear as though he entered the facility with bed sores.

Related:

Where can I learn more about the laws applicable to people who develop bed sores in nursing homes or hospitals?

If a lawsuit or claim is filed against a facility where a person developed bed sores, what type of damages is the person entitled to?

Does the family of a deceased person who had bed sores at the time of his death have any legal recourse against the facility where the wounds developed?

Bed Sores: Not Just A Pain In The Butt– More Like An Uncontrollable Killer

Jury Punishes Hospital With Verdict In Medical Malpractice Lawsuit Where Patient Developed Bed Sores During Admission

Nursing Home Injury Laws: New York

Despite Ms. Tutor’s claims that she feared reporting the pressure sores to the owner of the facility because she risked losing her job, the judge presiding over her trial didn’t buy the argument because getting medical attention for the wounds fell under realm of being a seasoned caregiver and manager.

Not to worry, the owner of the adult group home, Patricia Goodwill, has also pleaded guilty to criminal charges of second degree criminal treatment creating an ‘imminent and substantial risk of death’ for failing to ensure the medical needs of Jean Rudolph were attended to.

Adult Group Homes

Adult group homes are a relative newcomer options available to senior living.  Ideally created for seniors who wish to have some assistance with meals and personal chores with some of the social aspects that come with communal living, adult group homes are not intended to take the place for skilled nursing facilities.

Because adult group homes remain loosely regulated and are staffing by personnel who may not have any training related to nursing, families need to be mindful of the fact that adult group homes may not be appropriate for seniors requiring full assistance with daily living needs or who require medical attention.

As adult group homes become more popular, lawmakers need to address how to regulate these facilities to protect the safety of seniors who may be unaware of the potential problems that are frequently found at this type of facility.

For example, a Seattle Times inquiry revealed that neglect at adult-group homes occurs more frequently than at nursing homes.  Pressure sore related deaths (also referred to as: pressure ulcers, decubitus ulcers or bed sores) are 3.5 times more common that at nursing homes.

Hopefully, news stories such as this, will encourage families to become more diligent in looking after family members who may be in alternative care situations and cause them to take more of a centralized role in the care of their loved one.

Related:

Can bed sores be fatal?

Nursing Homes Abuse Blog: Group Homes

Nursing Home Injury Laws: Washington