Particularly in patients who may be recovering from a surgery or illness that leaves them with compromised mobility, hospital staff must take efforts to move the patients on regular intervals and retain the blood circulation.

Extended periods in a hospital bed can put pressure on areas of the body that have little tissue or muscle to disperse the pressure.  Even relatively short periods of extended immobilization can result in unrelieved pressure that impairs blood flow and eventually causes the skin and tissue covering the pressure point to die.  As the tissue dies, the underlying tissues and bone may be exposed resulting in a condition known as a bed sore.

Hospital bed sores: a widespread problem

Far from being an isolated complication, hospital acquired bed sores impact thousands of patients every year leaving them with a complication that may be more complex and painful to heal than their underlying illness that they were originally admitted for.

Even at some of the most prestigious medical facilities across the country, hospital acquired bed sores remain a real threat to the well being of patients.  Recognizing the significant threat to patient health, the federal government (Medicare) has added hospital acquired bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers) to its list of ‘Never Events’.  As part of the list of never events, hospitals can no longer seek reimbursement for care they provide to patients who have developed a stage 3 or stage 4 bed sore during their hospitalization.

Hospital bed sores: Medical Malpractice?

When a person does develop a bed sore at a hospital, they may be entitled to pursue a claim or lawsuit against the medical center based upon the applicable medical malpractice laws.  Under the medical malpractice laws in most jurisdictions, a lawsuit based upon the development of a bed sore during a hospitalization may entitle the patient to recover damages for their medical bills, disability and pain.

Because the medical malpractice laws in each jurisdiction may impose procedural requirements prior to filing a lawsuit, such as having a physician review a patient’s medical chart, it is important to consult with a medical malpractice lawyer as soon as feasible when a hospital acquired bed sore has been identified.

Related:

• Bed Sores Are Amongst Most Common Hospital Errors
• Medical Errors, Such As Pressure Ulcers, Costing U.S. $20 Billion Per Year
• New Medicare Report On Medical Errors In Hospitals Reinforces Ongoing Problems
• Hospitals Fined For Preventable Medical Complications Such As Bed Sores
• Jury Punishes Hospital With Verdict In Medical Malpractice Lawsuit Where Patient Developed Bed Sores During Admission

In the case believed to be the first of its kind decided by a Philadelphia jury, the punitive damages were allocated: $1.5 million against the hospital and $3.5 million against the nursing home.

According to the lawyer for the man’s family, Steven R. Maher, Jeans Hospital failed to diagnose the man’s urinary tract infection that contributed to the development of bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers) and then the man was transferred to Hillcrest Nursing Home where the bed sores worsened.  After a courageous battle attempting to heal the decubitus ulcers at home for more than two years, the man succumbed to complications related to the decubitus ulcers.

Jeanes Hospital is part of the Temple University Health System and Hillcrest is owned by Genesis HealthCare Corporation, a large nursing home operator in the Northeast.

Unlike compensatory damages that are intended to compensate an injured party for their loss, punitive damages are only awarded in situations where a court determines the conduct to be outrageously negligent or reckless. In cases involving decubitus ulcers, punitive damages may be appropriate when staff repeatedly fail to tend to their duties over extended periods.  No doubt that the plaintiff’s lawyers were persuasive, but my guess is that the testimony and photographs (if any) really incited feelings of rage.

Additionally, this case is important because too often we see different medical facilities point their fingers at the other facility.  Here we see that even when a patient arrives at a nursing home in a less that ideal condition, facilities still have an obligation to provide the patient with quality care to prevent further deterioration.

Related Bed Sore FAQ’s:

What can hospitals do to reduce the rate of bed sores in their facilities?

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?

After I become aware of a bed sore, should I photograph it?

Are the development of bed sores during a nursing home admission an indication of nursing home neglect?

Nursing Home Injury Laws: Pennsylvania

• Nursing Home Laws- including: stature of limitations, applicable restrictions on damages, links to each every states’ department of health
• Medical Malpractice Laws
• Wrongful Death Litigation
• Resources For Victims of Abuse or Neglect

Of course, no one can anticipate when the need for information regarding the available legal rights will be necessary– yet Nursing Home Injury Laws– can be a valuable tool for: patients, families and practitioners in a time of need. Nursing Home Injury Laws is updated regularly as new information regarding patient rights comes to light in every state.

Related:

Nursing Home Injury Laws

Filing a complaint serves three primary purposes:

1) Helps get information about what a facility may have done improperly with respect to taking preventative steps or care.  This information can be useful in if a lawsuit is brought against the facility.

2) Creates a record that becomes part of the of the facilities ‘track record’.  Many times these reports can help families select a facility for their loved ones.

3) Create an incentive for facilities to improve care.  Who wants negative publicity?  Many changes have been implemented at facilities in response to investigative reports.

Every state is required to have a long-term care ombudsmen program as set forth by the Federal Older Americans Act.  In the long-term care setting, ombudsmen act as patient advocates to help families find facilities that meet resident needs, address problems encountered in long-term settings and inform patients of their legal rights.

Most people utilizes ombudsmen services when they encounter a problem at a facility such as a resident injury resulting from abuse or neglect.  In this context, an ombudsman can help in the investigation of the incident and resolve problems with the facility.

In many cases, the information provided by a nursing home ombudsman may substantiate an episode of poor care.  This information may be helpful in determining how an incident occurred and if the matter should be pursued as a nursing home negligence lawsuit.  Even in cases where there are findings of improper care, most jurisdictions prohibit ombudsmen reports from being introduced into civil lawsuit.

If you have a question regarding nursing home care or seek more information regarding a nursing home injury, the ombudsmen program is a great resource to help provide you with more information. Unless you give ombudsmen specific permission to share your information with the facility, all personal information will be kept confidential.

In addition to the ombudsman program, a complaint may be initiated to the state department of health.  Most states have a specialized nursing home or elder care division that can investigate situations involving suspected abuse or neglect at a facility.

Resources:

Nursing Home Injury Laws

National Long Term Care Ombudsman Resource Center

National Center On Elder Abuse

Related:

Home Nurse Who Failed To Get Medical Attention For Patient With Severe Bed Sore Now Faces Criminal Charges

Lawsuit Claims That Nursing Home’s Negligence Resulted In Patient’s Decubitus Ulcers

New York Jury Punishes Nursing Home Where Man Develops More Than 20 Bed Sores