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

What makes younger people even more susceptible to develop bed sores during an admission to a hospital or nursing home is the fact that many staff at the facility fail to appreciate the risks given their age.  Consequently, many of the well-known preventative measures may never get implemented in younger patients as their may be a wrongful assumption that younger patients are not at risk or may be capable of caring for themselves.

In situations where a younger people has developed an advanced bed sore, they may require many of the same medical procedures used for treating pressure sores in patients of all ages.  Many doctors and medical facilities may employ the following techniques to heal bed sores in younger patients:

• Debridement
• Wound Vacs
• Flap Reconstruction Surgery
• Amputation of limbs
• Colostomy

In certain circumstances, a patients youthful vigor may indeed allow them to survive some of the medical complications and rehabilitation associated with advanced bed sores.  However, many younger patients who survive the recovery process may require future medical care to monitor complications or a lifetime faced with disability.

Legal Rights Of Young Bed Sore Patients

Like all cases involving the negligence of a hospital, doctor or nursing home– the injured party has the burden of establishing that the individual or entity they are pursuing failed to meet the standard of care in the community.  Demonstrating the negligence of a party may be accomplished through a variety of methods such as with the use of expert medical testimony from physicians or nurses with a particular type of knowledge about wound care.

Once the negligence of the facility has been established, the damages associated with the injury can be addressed.  In the case of a bed sore lawsuit, damages may include:

• Past and future medical expenses
• Past and future pain and suffering
• Disability
• Disfigurement
• Lost wages

Damages for younger patients must be carefully addressed as many will face a lifetime of medical care due to a bed sore.  Lawyers representing younger people with bed sores may further use the services of a: life-care planner– a doctor or specially trained professional who can assess what type of medical care and supplies an injured person may require in the future and an economist– to help calculate a present value for the future care or lost wages.  Certainly, in cases where a younger person has developed a bed sore at a medical facility it is imperative to evaluate the case based upon the both the immediate harm and future needs of the individual.

Related:

The Less-Wrinkled Faces May Be Younger In The Nursing Home, But Still Require Care

What Brings You To The Nursing Home? The Answers May Surprise You?

Hospital Acquired Pressure Sores Are Devastating Source Of Patient Injury & Death

Nursing Home Abuse: The Deaths Of 13 Children Linked To Poor Care At Chicago Nursing Home

Of course, breaking disappointing news is difficult for anyone to do.  Yet, in the case of nursing homes– this is something they simply are required to do under the law.  Similarly, nursing homes must notify the patients doctor if their condition deteriorates.

I see many cases where there is no doubt an intention on the part of the original facility to cover up change in condition– but also injuries related to situations involving improper care.

This situation of a dangerous condition being discovered only after the patient was transferred to a hospital was highlighted in a recent lawsuit filed against an Illinois Nursing Home, Alhambra Care Center.  Part of the lawsuit alleges that the patient lived that the nursing home with multiple health problems, but the staff at the facility failed to notify the family of the conditions

Related:

Illinois Nursing Home Fails To Learn From Its Own Errors After Patients Continually Develop Pressure Sores

Nursing Home Injury Laws: Illinois

Gangrene & Osteomyelitis Cited In Wrongful Death Lawsuit Against Nursing Home

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

While some facilities suggest that the development of bed sores is an inevitable part of the aging process, the overwhelming majority of circumstances behind the development of bed sores at a medical facility indicate that the facility was simply not doing an adequate job caring for the patient.

The mechanics behind bed sore development

Bed sores (or otherwise referred to as: pressure sores, pressure ulcers or decubitus ulcers) are the result of basic mechanical principals: force and shear.  When patients in nursing homes and hospitals are left in place for extended periods, the weight of their body on relatively hard surfaces such as hospital beds and wheelchairs gradually impairs the bodies circulatory process.

Gradually, blood flow is restricted to the areas of the body that remain with unrelieved pressure.  Without a nutrient rich supply of blood, tissue and skin die— giving way to an open wound.  Like most medical conditions, bed sores do not develop overnight.  Most situations involving the development of bed sores during an admission to a medical facility result from patients being left in place over an extended period of time!

Prevention of bed sores requires a team effort

While the medical community has made tremendous strides in the prevention and eradication of diseases that have long troubled society, relatively little progress has been made when it comes to reducing the incidence of bed sores in patients who are infirm or elderly.  Some studies on patient care have shown that patients today are more likely to develop a bed sore today than they were just ten years ago!

What may be most troubling about bed sores compared with other medical complications, is that the factors that are associated with development of bed sores remains well-understood by the medical and non-medical community. Whether it’s a small family-operated nursing home or large university hospital, bed sore prevention requires quite a bit of hands-on care.  In addition to keeping patients active, other preventative measures include:

• Rotating physically disabled patients out of their beds on regular intervals
• Keeping patients clean and dry- changing incontinent patients quickly
• Encouraging adequate nutrition and hydration
• Utilizing specialized devices such as pressure relieving mattresses and cushions for patients with limited mobility

Medical complications associated with bed sores

Thankfully, when bed sores are identified in their early stages patients chances of a full recovery are quite good.  Unfortunately, when facilities are slow to acknowledge the presence of a bed sore or the wound has advanced, there is a good chance of medical complications such as:

• Osteomyelitis
• Gangrene
• Sepsis
• Limb amputation
• Death

Knowing the prevalence of complications from advanced bed sores (stage 4), it is crucial that staff at medical facilities carefully document each pressure sore and keep the patients physician regularly updated as to their condition.

Legal rights for you and your loved one

Given the well known measures known to prevent the development of bed sores, the development of bed sores during an admission to a nursing home, hospital or assisted living facility is simply inexcusable.  As opposed to other types of nursing home negligence or medical malpractice cases, where an individuals error can result in patient injury, most cases involving bed sores are reflective of the negligent care on the part of an entire facility.

Attorneys at Rosenfeld Injury Lawyers have successfully resolved bed sore cases involving different types of medical and non-medical facilities on behalf of families and individuals in Chicago and on a national basis.  If your family member has developed a bed sore under the care of a facility, we would be honored to talk with you regarding your potential legal rights.  As with all of our cases, our consultations are free and confidential and we only charge a fee when there is a recovery.

Related:

Without A Prevention Plan, All Nursing Home & Hospital Patients Remain At Risk For Developing Pressure Ulcers

Why is it important to differentiate the type of facility where a bed sore developed?

What are the stages of bed sores?

Is an autopsy necessary when a family suspects bed sores caused the death of a family member?

Special padding on wheelchairs, heel pads and pressure relieving mattresses are the most common types of pressure relieving devices used in nursing homes and hospitals. Like all medical devices however, to achieve maximum benefit from the new technology staff must receive proper training.

Occasionally, we see long delays between the implementation of the pressure relieving devices from the time that they were originally ordered by the doctor.  Sometimes the delay is based on the fact that the facility may be inadequately stocked with the devices.  Yet in other situations, facilities may claim that such devices are too expensive.

Unfortunately, given the alternative– having patients with advanced bed sores, the reality is that these devices are a bargain from both a cost savings standpoint in terms of bed sore treatment expenses as well as the physical and psychological toll bed sores take on patients.

Related:

Bed Sore Prevention May Require Nursing Homes To Obtain Pressure Relieving Devices For Their Patients

Why do some wound clinics and nursing homes suggest the use of Clinitron beds for patients with bed sores?

Hospitals Fined For Preventable Medical Complications Such As Bed Sores

Medicare has determined that pressure ulcers are indeed preventable and hospitals may no longer seek reimbursement for patients who develop pressure ulcers during a hospitalization.

While Medicare’s assignment of pressure ulcers to its list of never events remains an important development for patient safety, the fact remains that pressure ulcers are indeed a significant problem for many patients and result in many families seeking answers regarding medical care and legal options.

Here is an assembly of web resources related to pressure ulcers:

Psychology of Medicine

Computers that monitor prisoners in a correctional facility are not a bad idea in nursing facilities to ensure that the patient in the nursing home are being well cared for and not falling and are turned appropriately. The latter is one of the most reliable ways to prevent pressure ulcers.

Jeffrey M. Levine, M.D.

Jeffrey Levine, M.D. has this website and blog to discuss geriatric patient care and wound care. The recent blog posts go into detail about geriatric law and what, legally, is needed to care for the elderly patient in a residential facility.

HELPGUIDE.org

Discussed here is elder abuse and the warning signs, prevention and who is at risk. Many times in residential facilities, pressure ulcers are a tell tale sign of elder abuse.

Lippincott’s NursingCenter.com

This is a nurse to nurse dialogue about typical nursing practices. There are many misconceptions about nursing and what is correct and incorrect modes of care.

Cooperlabs blog

This is a site that focuses on skin care and what to do to take care of skin during all stages of life. It discusses the care of skin during the stages of pressure ulcers.

PR Splash

The discussion her is on Aderma® which helps in the treatment of pressure ulcers. The training to use Aderma ® has revved up during 2010 and has high hopes as 2011 as begins.

Blood Test Guides

Medicare is threatening covering pressure ulcers, therefore more and more hospitals are becoming stricter in their guidelines and precautions to prevent them.

INQRI

A new technique was founded and implemented by nurses in this program and may go to hospitals’ countrywide. They technique details using music over a loudspeaker that stops when it is time for position changes.

advance for NURSES

This nursing program teaches prospective nurses how to recognize and treat symptoms of pressure ulcers. Warning signs are outlined, plus treatment regiments.

suite101.com

Skin is defined in detail with a picture and then the stages of pressure ulcers are outlined to assist people in recognizing them. Treatment guidelines are given to aide in the treatment.

Healthy Weareokok.com

This website demonstrates the wholistic approach to caring for the patient in the home health setting. It ranges from diet and fitness to medically caring for the patient.

ACTION ® making a difference

What happens when you see a reddish patch of skin on a patient? The telltale signs of pressure ulcers are definitely important to be able to look at and diagnose so treatment begins immediately.

Gerry Bolger

The author, Gerry, is an experienced nurse and leader in the health field. He focuses on elder care.

The Wound Care Blog

This is a huge reference collection of information concerning wound care and technology on wound care. Discussions include surgery, debridement, acupuncture, healthy eating and much much more.

wound care – ultraviolet

Using ultraviolet therapy while doing wound care helps eliminate the odor associated with pressure ulcers. This can assist the patient in healing because it helps focus on taking care of the wound and not controlling the smell.

-  Get to know the difference between “convalescent hospitals,” “care homes,” “retirement homes,” and other nursing home monikers. Often the main difference is how long an elderly parent is expected to stay. Also investigate the history of each facility: is it a small home, or part of a huge chain? Inquire as to whether the facility is an actual nursing home, or Residential Care Facility for the Elderly (RCFE). Be sure to get as much background information as you can.

- Pick a care facility that’s close enough to visit often. Daily visits are best. “Residents who have  frequent visitors generally do much better than the ones who have no one to visit them,” Rosenblatt notes.

- Don’t be afraid to ask questions. Inquire especially about bruises, bandages and incidences of falls on your loved one’s chart. Usually an increase in falls is a clear warning that something may be wrong.

- Keep an eye on your parent’s tailbone. This is an especially susceptible spot for bedsores. Be sure to check that your parent’s skin isn’t reddened or bruised, and that it stays intact upon touch. Be extra vigilant if your parent uses a wheelchair.

- Remember that not all nursing homes are created, or managed, equally. A recent survey of nursing home citations found that 96 percent had been cited for Medicare and Medicaid rules of operation violations.

As you decide on a proper nursing home, keep in mind that you, as a family member, are often your parent’s last line of defense. Ongoing vigilance is needed to ensure that your parent lives out his or her remaining years in dignity, and with a real sense of safety. Consider your hard work and watchfulness a timeless gift to your parent.

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?

Should a bed sore develop, staff must be diligent in identifying the wound as quickly as possible an implement the use of medical equipment such as pressure relieving mattresses and other pressure relief devices such as heel protectors to prevent the wounds from advancing.

Related:

Nursing Homes With Higher Percentage Of Hispanic Residents Have Higher Rate Of Bed Sores

Hospital Acquired Pressure Sores Are Devastating Source Of Patient Injury & Death

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

Rosenfeld Injury Lawyers: Pressure Sore Injury

The reality is that most cases do get resolved prior to trial, it is usually after the lawyers defending the medical facility make an effort to at the very least explore possible defenses to the negligence claims made on behalf of the injured person or family.  Most defenses attempt to shift the responsibility for developing the pressure sore on the part of the injured person.

Common defenses to pressure sore cases include:

• Obesity
• Unavoidability- particularly in the weak or old
• Noncompliance with medical advice
• The pressure sore developed at a prior facility to admission
• Diabetes or other medical complications

Despite the commonly asserted pressure sore defenses, an attorney who frequently litigates these claims can discredit these assertions and get to the heart of the issue– that the facilities negligence is responsible for the development of the patients pressure sores.

Related:

Under-staffing At Nursing Home Blamed For Pressure Ulcer, Infection & Subsequent Death, Bed Sore FAQ

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? Bed Sore FAQ

What are nursing homes required to do to prevent bed sores? Bed Sore FAQ

$5 Million In Punitive Damages Awarded To Widow In Bed Sore Case Against Nursing Home & Hospital Nursing Homes Abuse Blog