The concept of diverging views of in civil lawsuits is nothing new, but I was again reminded of the extreme disparity between the findings from a jury and those from nursing home surveyors in a recent article written by Michael Booth in The Denver Post, "Jury says man died due to Rocky Ford nursing home's negligence; state differs". 

The situation Booth contrasts is the recent situation involving a nursing home negligence lawsuit in Colorado where a jury awarded the family of a deceased resident $3.2 million due to the facilities alleged negligence in allowing a resident to develop stage 4 pressure sore.  Meanwhile, the same situation was investigated by authorities from the state's Health Department and the facility was not cited for any type of "deficient practice because the investigation did not substantiate current deficient practice."

If that mumbo-jumbo was too much for you to understand--- like myself--- it simply means that the facility was found not to be negligent in relation to the care of this patient. 

No deficient practice?  While I'm sure there are medical experts out there that opine that the development of a stage 4 pressure sore (the most advanced stage), the overwhelming medical literature suggests that a stage 4 pressure sore is a medical complication that simply should not occur.  In fact, Medicare has deemed stage 3 and state 4 pressure sores that develop during a hospitalization to be simply inexcusable that they are part of the list of 'never events'-- medical complications deemed so inexcusable that hospitals will not be reimbursed by medicare when they occur at their facilities.

Perhaps the surveyor(s) involved in the investigation of this matter were simply having an 'off day' at the time they conducted their inspection? While indeed a possibility, I'd suspect that it's more unlikely--particularly in situations such as this-- where there are relatively 'clear cut" situations involving poor nursing home care, my hunch is that there is a more drastic underlying problem that needs to be addressed when it comes to calling out poor nursing home care.

While situations such as this can be discouraging for families who wish to report episodes of poor nursing home care, I continue to suggest to families that they indeed need to report all episodes of poor nursing home care or injuries to the regulatory agencies within their states.  While the ultimate findings of the agency may lack the decisiveness that many families crave, the investigations may still turn up valuable evidence for use in civil matter.

Considering that some of these state investigative reports lack any credible findings, it may be a good thing that they are generally inadmissible in civil trials.  Thankfully, there still are some dedicated jurors who are able to use their common sense to determine right from wrong.

Related Nursing Homes Abuse Blog Entries:

Jury Awards Family Of Deceased Nursing Home Patient $3.2 Million In Response To Bed Sore Lawsuit

Nursing Home's Conduct In Wrongful Death Case Angers Jury---- To The Tune Of $200 Million

Nursing Home Lawsuits: Do they represent isolated events or are they representative of poor care?

Are Protective Agencies Doing Enough To Protect Nursing Home Patients?

The good news with respect to the overwhelming number of situations involving bed sores in nursing homes is that these cases can be prevented with proper care from staff at the facility.  Paramount to the prevention of bed sores in any facility is the realization by the facility (and staff) that certain patients are predisposed to developing them based upon their physical condition--- and prevention methods must be created and implemented.

Similarly, staff need to monitor the skin integrity of each patient they are caring for to identify bed sores in their early stages.  From a treatment perspective, bed sores in their early stages are far more manageable to treat than once they progress to a more advanced level.  In addition to recording the patients skin condition in their medical chart, staff should also advise the attending physician of the situation so a timely intervention can be made.

Perhaps out of fear, shame--- or downright indifference--- the existence of bed sores in patients at some nursing homes seems to get consistently downplayed / ignored; as if the wounds will magically vanish with time. 

I was again reminded of this troubling scenario of 'bed sore denial' when I read about a recent jury verdict in a wrongful death lawsuit involving a Colorado nursing home where a patient developed advanced bed sores that became infected.  According to news reports of the verdict the the Denver Post, the family of an 88-year-old patient at Pioneer Healthcare Center alleged that the facility was both negligent in its care of their loved one and that the facility intentionally failed to disclose the extent of the wounds to family.

The existence of the bed sore wasn't disclosed to the family until a CNA at the facility advised the man's son that the wound on the man's buttocks and scrotum were infected to the extent that they began to smell. By the time the man was transferred to a hospital-- the damage had been done-- and their was little that could be done from a medical perspective.

Obviously, this fact pattern was disturbing enough to the jury hearing this case as they awarded $3.2 million in damages to the man's family.

Related:

Delay In Providing Care For Patient With Pressure Sore Results In Fines Against Facility

Bed Sore Prevention Is An Ongoing Process For All Nursing Home Patients

Mounting Evidence Suggests That Bed Sore Prevention Is Cost Effective

Are Pressure Sores Really That Hard To Prevent? Study Demonstrates Some Nursing Homes Are Successfully Reducing Rate Of Pressure Sores At Their Facilities.

At most medical malpractice and personal injury trials, the party initiating the lawsuit (the plaintiff) is claiming they sustained an injury due to the conduct of the person that they are suing (the defendant)-- who generally denies all accusations of wrongdoing.

For a jury who may be hearing weeks worth of testimony from witnesses from both sides, the task of selecting the relevant information and applying it to the particular circumstance can be incredibly difficult--- particularly when both sides to a trial offer reasonable explanations for their positions.

A jury in Pennsylvania was able to sort through the differing opinions presenting in a trial involving the development of pressure sores during an admission to a nursing home.  The lawsuit was initiated by the family of a deceased woman who allegedly developed pressure sores during her admission to The Commons at Squirrel Hill.  In the face of arguments presented by the nursing home that the woman's pressure sores developed prior to her admission, the jury awarded the decedent's family $300,000 in damages.

Related:

$300,000 award set in Squirrel Hill bed-sores case Pittsburgh Tribune-Review January 31, 2012

Are bed sores acquired during a nursing home admission an indication of poor care?

ManorCare Named In Wrongful Death Lawsuit After Patient Develops Pressure Sores During Nursing Home Admission

Family Sues Illinois Nursing Home Over Relative's Death Related To Bed Sores & Infection

Representations made in promotional materials and through staff at the facility are frequently a determining factor in facilities selecting one facility over another.

No doubt that inflated assurances are routinely made by personnel (salesmen) to close a sale of a product or service.  While some of the assurances may ultimately prove to be false--- and perhaps a source of frustration to the individual to which they were made---at the end of the day they really are nothing more than (expensive) annoyances--- but usually the person can simply pick-up and move along. 

Contrastingly, in the nursing home context, such assurances derive far more importance and are can frequently mean the difference between a patient thriving and significant deterioration of the patient due to the fact that the facility was not a proper place for the individual in the first place.

Particularly when it comes to caring for specific medical complications--- such as ventilator care, dialysis, or wound care--- families commonly need to rely on representations made by facilities because most of the common tools used in the selection of a facility fail to address ratings for the specific types of care that the patient requires.

I recently read about a situation where such inflated representations resulted in the rapid deterioration--- and ultimate death of a patient.  A recently filed nursing home lawsuit by a family in California alleges that just one month after their mother entered Petaluma Health and Rehabilitation (a skilled nursing home owned by Evergreen Healthcare) for specialized wound care, the woman’s pressure sores quickly advanced to the point that she required hospital care.

By the time the 90-year-old woman had been transferred to nearby Petaluma Valley Hospital the wounds had become so large and infected that the hospital staff reported the situation to the local ombudsman’s office for further investigation of suspected elder neglect.

According to claims made in the nursing home negligence lawsuit, the family selected Petaluma Health and Rehabilitation substantially based on documents that described the home as having experts in wound care.

While I confess to my lack of specific knowledge regarding the specifics of this particular case, I frequently request all admission paperwork and promotional materials as part of my request for production of documents in nursing home negligence lawsuits.  Particularly, when it comes to specialized care—and wound care in particular—I find such materials extremely important in the prosecution of the underlying case.  Sadly, I commonly find a substantial disconnect between these promotional representations made by the facility and the knowledge of the staff in terms to how to carry out such care.

As a caregiver, who’s family or friend may require a specific type of nursing care, you may wish to request a meeting with the supervisor in the department as for your own reassurance that the facility really is capable of providing such care.

Related:

Petaluma Nursing Facility Sued for Elder Abuse, Neglect, by Karina Loffee, Petaluma Patch October 21, 2011

Bed Sore Treatment Specialists

Medical Facilities Need To Identify Pressure Sores As They Develop

Family Blames Nursing Home For Mother's Infected Pressure Ulcers & Death

While it may be easy to discount the allegations of poor care at a facility across town, what happens when the allegations are made against THE facility where your family may be living? 

Are the mere allegations enough to yank your loved one out of the facility?  Will facilities take it upon themselves to make improvements after concerning stories have surfaced?

If you have a loved one at Hamlin Place Rehabilitation Center in Boynton Beach, FL, you may have heard about a recently filed wrongful death lawsuit filed on behalf a deceased patient at the facility who was allegedly neglected to the point that she developed multiple bed sores on her head and buttocks. 

According to news reports, it was only after the patient was taken to a nearby hospital, was the family informed of the severity of her wounds.  Shortly after the wounds were detected, the woman died from complications related to the wounds.

While bed sores are indeed a problem facing nursing home patients across the country, my experience as an attorney who regularly litigated bed sore cases is that these episodes indeed tend to flare up at facilities with real underlying problems that may be more pervasive than a mere isolated event.

When--- and if--  allegations of poor care do surface at a nursing home where a loved one may be living, the allegations can either be ignored, discounted or confronted head on.  While nursing home administrators likely will decline to discuss specifics of allegations from a pending lawsuit, my experience is that by bringing concerning allegations to the forefront is indeed important as it makes the facility aware that you are tuned in the issues at the facility.  Perhaps as multiple families come forth with similar concerns, the power of unity will demonstrate to the facility that the substandard care will not be tolerated.

Related:

Family sues Boynton nursing home after finding multiple bed sores on loved one, September 13, 2011 by Rochelle Ritchie

Government Report Confirms Pressure Ulcers Harm All Nursing Home Residents; Regardless Of Race, Sex or Age

A New Low In Nursing Home Care: A Bedsore On The Head

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?

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

Universally accepted, nursing homes typically incorporate the Braden Scale (or officially known as Braden Scale for Predicting Pressure Sore Risk), which uses an objective system to evaluate each patient's risk for developing pressure sores in the following areas:

• Sensory perception
• Moisture
• Activity
• Mobility 
• Nutrition
• Friction and shear

While the initial assessment may prove to be useful in pressure sore prevention, facilities must continually monitor each patient to determine if the patient's needs change.  Facilities must remember that any patient can theoretically develop conditions that put him or her at risk for developing pressure sores. Yes, even relatively healthy and young patients must be monitored by staff to help starve off wounds in an early a stage as possible.

I was reminded of this ongoing duty to monitor the skin integrity needs of all nursing home patients after learning about a recently filed wrongful death lawsuit involving a Pennsylvania nursing home.  

The Altoon Mirror reported that the wife of a deceased nursing home patient filed the lawsuit after her husband developed multiple bed sores during his stay.  The bed sore’s became infected and eventually required surgical treatment at a nearby hospital and an admission to a wound care clinic, before the man eventually succumb to the wounds.

The federal court lawsuit claims that Valley View Home failed to provide sufficient care for the man during his stay-- in part due to the fact that he was allegedly at 'low risk' for developing pressure sores according to his initial skin care assessment on admission and appeared to be physically strong as he was able to get about on his own.

As this lawsuit makes its way though the court system, families need to be tuned in to the fact that bed sores remain a significant threat to the well being of all patients and they are a condition that is far easier to prevent than treat.

Related Nursing Homes Abuse Blog Entries:

Extra Calories Essential For Pressure Sore Patients To Heal Wounds

Government Report Confirms Pressure Ulcers Harm All Nursing Home Residents; Regardless Of Race, Sex or Age

Welcome To The Nursing Home. Let's Begin Our Assessment and Care Planning

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

But what happens when a pressure sore begins to develop on a patient?

Even assuming that facilities have taken all of the necessary precautions in implementing pressure sore preventative techniques, from a medical / legal perspective their responsibility doesn't end there.  Facilities must monitor each patients condition and implement changes in the care plan when the need arises.  Simply continuing with the patients treatment plan after the patient has developed a pressure sore in not acceptable.

A prime example of a hospitals failure to recognize a developing pressure sore on a patient made the news headlines across the pond.  Forty-seven-year-old Angela Banks, received a horrific souvenir during her stay at a British Hospital when she developed a pressure sore (also referred to as: pressure ulcer, decubitus ulcer or bed sore).  Banks, who was born with spina bifida and remained confined to a wheel chair, developed multiple pressure sores on her buttocks during a hospitalization.

The pressure sores advanced to the point that the open wounds allowed an infection to infiltrate the bones in the area of her thigh and pelvis.  The infection was so severe that Banks required a surgery to remove a portion of her infected femur and required more than 30 months of treatment in the hospital for wound care.

Even after getting discharged, Ms. Banks remains impaired with further limited mobility and a heightened risk for developing more pressure sores in the future.

Alleging that the hospital staff should have identified the pressure sore and infection in a quicker manner, Mr. Banks successfully settled a negligence claim with the hospital where the wounds developed and progressed.

My take on untreated pressure sores...

Regularly working on pressure sore cases, I tend to see patients getting hit with a 1-2 punch after facilities negligently perform their pressure sore prevention tasks and then make matters worse by failing to identify and treat the wound.  While there frequently is no excuse in allowing a wound to initially develop, when staff ignore a developing wound--  things only get worse-- and further solidifies allegations of negligence against them!

Related:

Pressure Sores Must Be Timely Treated In Order To Maximize Chances Of Patient Recovery

Why are physically disabled patients at risk for developing 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?

What are the signs of infection for people who have bed sores?

After all, the prevention of pressure sores is not rocket science!  

Basic preventative measures implemented by nursing homes, hospital and other types of long-term care facilities can significantly reduce the incidence of pressure sores.  Well-known preventative measures include:

• Turning patients at regular intervals
• Keeping patients clean and dry
• Ensuring patients are kept well nourished and hydrated
• Utilizing the latest advancements in pressure reduction technologies-- cushions, mattresses ect.

Particularly in patients who may already be disabled or elderly, the development of pressure sores is an especially cruel complication that can cause pain, disability and significantly increase the chances of patients acquiring complex complications such as: sepsis, gangrene or osteomyelitis.

With years of experience representing patients and families in cases involving the development of pressure sores at medical facilities and other types of institutions, Rosenfeld Injury Lawyers understands the troubling issues as they weigh on the individual and family.  

Should the need arise to seek legal recourse in relation to the development of pressure sores, we invite you to review our expanded Pressure Sore Injury section to our firm website with pages devoted to: Pressure Sores in Nursing Homes, Pressure Sores in Hospitals, Pressure Sores in Assisted Living Facilities, Stages Of Pressure Sores and information on frequent complications such as: Sepsis, Osteomyelitis, Gangrene, Necrotizing Fasciitis and Death.

When it comes to the prevention of decubitus uclers, it very much is a collective responsibility of all parties involved. As opposed to other medical complications that can be traced to the poor care or decision making of one person, situations where a person has developed decubitus ulcers during a nursing home admission are generally reflective of an entire facility poorly doing their job.

After all, when decubitus ulcers develop and progress over time, numerous staff members were (or should be) theoretically in a position to implement changes in the patients care-- or at the very least bring the condition to the attention of other staff.

Recognizing the importance of a team approach to the care and prevention of decubitus ulcer (similarly referred to as: pressure ulcer, pressure sore or bed sore), a recently filed bed sore lawsuit seeks damages from the nursing home itself, the management company and the staff physician.  An Illinois woman's family alleges the following omissions:

Virgil Calvert Nursing and Rehabilitation Center

• Failed to supervise patient
• Failed to provide necessary care and services for patient to maintain body weight and protein levels
• Failed to provide treatment for complications such as a urinary tract infection
• Failed to maintain proper medical records for the patient

SW Management Company

• Failed to properly manage the nursing home
• Failed to provide sufficient levels of sufficient care

Dr. Basga Bernard

• Failed to provide adequate medical treatment
• Failed to send patient to the hospital
• Failed to order proper diagnostic tests to diagnose the underlying medical problems

Particularly, when we are dealing with a situation involving general neglect at a nursing home, I find it particularly important to name all of the potentially responsible parties in order to fully protect my clients.  As this nursing home lawsuit progresses through the litigation process, it certainly will be interesting to see who exactly is to blame for the the death of this patient.

Read more about this pending bed sore lawsuit against an Illinois nursing home here.

Related:

Lawsuit alleges nursing home neglect contributed to patient’s decubitus ulcers

ManorCare Named In Wrongful Death Lawsuit After Patient Developes Pressure Sores During Nursing Home Admission

What are nursing homes required to do to prevent bed sores?

According to news reports, Ms. Taylor's family initiated the nursing home lawsuit, after her death related to development of decubitus ulcers that she developed during her admission to the facility.

Decubitus ulcers, also known as: pressure sores, pressure ulcers or just bed sores are a horrific problem facing nursing home patients across the country.  Generally deemed to be preventable, the prevention of decubitus ulcers falls squarely on the shoulders of the facility.

Prevention of decubiuts ulcers begins with the development of a detailed care plan for each patient to help determine what factors put the patient at risk and perhaps more importantly: what the facility needs to be doing to care for the patient. 

Despite tremendous strides in patient care with the implementation of technologies, bed sore prevention generally relies on the consistent work of staff.  Known to form when patients are left in one position over extended periods of time, prevention of decubitus ulcers generally involves:

1. Regularly shifting patients in beds or wheelchairs
2. Keeping patients clean and dry
3. Utilizing specialized mattresses to alleviate pressure build up on the bony prominences of the body
4. Ensuring patients have adequate nutrition and hydration
5. Recognizing early signs of decubitus ulcers and alerting the patient's physician

Sadly, when patients' needs go ignored over extended periods, decubitus ulcers are a likely occurrence.  Perhaps that is why the jury in the above matter held the nursing home management company responsible due to the fact that the inadequate care was a result of decisions made by the management company to inadequately staff or train the facility?

Related:

Family Blames Nursing Home For Mother's Infected Pressure Ulcers & Death

Bed Sore Verdict Against Assisted Living Facility & Home Health Care Agency

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

Are the development of bed sores at a nursing home considered to be a form of nursing home abuse?

How long do I have to file a bed sore lawsuit?

Like many families, the deceased woman's daughter brought her mother to Rockmart Nursing and Rehabilitation Center from a different nursing home in order to bring her closer to her home.  Unfortunately, her admission to Rockmart quickly brought about a variety of health problems during her three month admission.  

According to news reports of the pending trial, while the nursing home denies any responsibility in the matter, the woman's daughter has presented several key pieces of evidence that question the quality of care that the nursing home was providing.  

Jurors heard testimony from:

• An EMT, who witnessed the deceased woman sitting in urine-soaked bed sheets and with a broken oxygen machine when they arrived to transport her from the nursing home
• Director of nursing, who acknowledged inaccuracies in the patients medical chart related to care provided at nutrition reports
• Falsified charting demonstrating that care was provided when the patient was not in the nursing home and when employee time card records demonstrate such care was impossible 

After the plaintiff (deceased woman's daughter) has finished presenting evidence in this matter, the defendant nursing home will have an opportunity to do so.  While we will have to see the defense plan, I assume much of the defense will focus on both the inevitability of the wounds and on the daughter's responsibility for not intervening as the wounds progressed.  

As a nursing home lawyer, I am increasingly seeing these defenses raised by nursing homes as they attempt to deflect some of main focus in these cases--- their poor care.  In the case of family responsibility, I have seen this defense effectively raised as many jurors firmly believe that the family is in the best position to guide their loved ones care and should act accordingly when they notice a change in their loved ones physical condition.  

We will see if these defenses are indeed raised as this Georgia nursing home case progresses to jury deliberation.  

Related:

Illinois Nursing Home Lawsuit: Delay In Care Resulted In Leg Amputation & Eventual Death Of Patient

A Graphic Example Of Nursing Home Negligence: Amputation Of A Leg Due To Untreated Bed Sores

Bed Sore Verdict Against Assisted Living Facility & Home Health Care Agency

Local woman sues a Rockmart nursing home The Rockmart Standard, May 12, 2011 by Melody Dareing

In trials involving the development of bed sores at a nursing home or hospital, the frequent defense arguments center around both inevitability of the wounds and perhaps where the actual wound originated. While these arguments indeed have their place, my experience is that these arguments are brought into play for the purpose of bringing an element of confusion into many pressure sore trails.

By the significance of a recent verdict in a trial against an assisted living facility and home health care agency, I'm guessing there wasn't much second guessing on the juries end! 

After a week long trial, a Georgia jury ordered Country Crossing Assisted Living, its  individual owner and Hutcheson Home Health Care to pay more than $9.5 million to the family of a deceased patient, Charlotte Pauline Dean.

Both Hutcheson Home Health Care and Country Crossing Assisted Living were responsible for caring for Ms. Dean prior to her death in 2006.  According to evidence presented at trial, Ms. Dean's death was related to multiple infected pressure sores while the defendant's claimed that the she only required treatment for one.

By the significance of this verdict, it it apparent that not only did the jury believe the case presented by the plaintiff's (the woman's family), but perhaps more importantly, that the defendants' care was inadequate to say the least.

Related:

"Home Care Nursing" Doesn't Mean "No Care Nursing"

Home Care Nurse Has License Suspended In Connection To Death Of Disabled Boy

Are assisted living facilities responsible for the prevention of bed sores in their patients?

Jury orders health care facilities to pay $9 million in wrongful death suit, by Kristi E. Swartz, The Atlanta Journal-Constitution, March 5, 2011

Nursing Home Injury Laws: Georgia

However, particularly when there are photographs of a gaping wound on a patient's buttocks or heels, many of these cases seem to miraculously get get resolved prior to when they get presented to a jury.  Perhaps some of the risk managers and lawyers defending these nursing homes and hospitals are providing useful advice to their clients to: settle, settle, settle?

Maybe the 'settle, settle, settle' message got confused in a recent case involving the development of bed sores during a hospital admission following a hip surgery.  The family of Alfred Gonzales, filed a medical medical malpractice lawsuit against Christus St. Vincent Regional Medical Center (New Mexico) due to the bed sores that developed on his heels during his hospitalization. 

The jury awarded Mr. Gonzalez's family $10.3 million.

Ignoring their own protocol, the hospital failed to provide Mr. Gonzalez with the appropriate care and devices to prevent the development of the bed sores (interchangeably referred to as: pressure sores, pressure ulcers or decubitus ulcers).  Tom Rhodes, the lawyer representing Mr. Gonzalez's family said it best;

Shift after shift, they didn't do what they were supposed to d.  After they know they had a problem, they charted saying that there was no problem.  It was haphazard and reckless, like they were really doing the stuff; they were just writing it down.  A lot of it had to do with the fact that he (Mr. Gonzalez) couldn't communicate well.

Obviously, the poor charting and blatant disregard for patient well being was conveyed to the jury in this matter.  The award is comprised on $595,000 in compensatory damages and a hefty $9.75 million in punitive damages.

There is no doubt that the significance of this verdict will travel to hospital administrators across the country.  Though many folks in hospital management positions may brush this case off as a freak situation, my hope is that a majority of the decision-makers take note of this case for the fact that jurors will no longer accept the fact that the development of bed sores during a hospital admission is an inevitable part of being hospitalized.

Related:

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

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

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

What are some common defenses used by nursing homes and hospitals in lawsuits involving pressure sores?

Christus St. Vincent Medical Center slapped with $10.3M penalty in bed sore lawsuit by Phaedra Hayword, the New Mexican, February 18, 2011

Nursing Home Injury Laws: New Mexico

An important court decision Tennessee Supreme Court decision helps clarify what is necessary for injured parties to prove their care in a nursing home negligence lawsuit.  The case stems from the lawsuit initiated by

Bed Sore FAQs

Nursing Home Injury Laws: Tennessee

Is Sepsis Related to Bed Sores?

• Turning patients 

• Using pressure reducing mattresses and pads (pressure relieving devices) 

• Keeping residents clean and dry 

• Providing adequate nutrition and hydration 

• Performing skin checks 

• Bone/join infections (osteomyelitis, the infection spreads into your bones and can cause damage to tissue and cartilage) 

• Cellulitis (infection of the skin’s connective tissue, spreads quickly and can cause sepsis and meningitis, two life-threatening complications) 

• Sepsis (bacteria enters your bloodstream, life-threatening condition which can cause organ failure and shock) 

• Cancer (of the skin’s squamous cells)
• Death

• 45,500 hospital admissions had pressure ulcers as the primary diagnosis 
•  1 in 25 hospitalizations related to pressure sores resulted in death during the admission 
•  457,000 hospital admissions had pressure ulcers as the secondary diagnosis 
•  1 in 8 of these admissions ended in death 
•  Pressure ulcer related hospitalizations also cost more than the average hospital stay ($16,755-20,430 as opposed to about $10,000) and requires a longer hospital stay (13-14 days as opposed to only 5 days) 

From both a medical treatment and legal standpoint, families coping with a situation where a loved one has acquired a bed sore in a nursing home or hospital are quickly faced with difficult questions.

Let's face it, no one expects a loved one to acquire a bed sore.  When notice is received, most families are shocked to learn that they may be faced with making difficult decisions from both a medical and legal standpoint. 

Given the fact that the overwhelming majority of bed sores (similarly referred to as: pressure sores, pressure ulcers or decubitus ulcers) are the result of systematic neglect and improper care, medical facilities are frequently hesitant to supply answers to questions like:

What causes the bed sores to develop?

What types of medical treatments are available to treat this condition?

Is the facility responsible for this condition?

What is the legal recourse for a patient with bed sores?

Will my loved one survive?

You are not alone.  With more than 500,000 nursing home and hospital patients coping bed sores, there remains a shortage of complete, concise and updated sources of information.  In an effort to fill this void, we have developed a website devoted to proving the most comprehensive source of information related to bed sores on the internet-- Bed Sore FAQ. 

Bed Sore FAQ is more than a medical-legal website, it is an authoritative resource for families to gather information to assist in the decision making process.  In addition to answers to common questions, Bed Sore FAQ has an expended Bed Sore Resource Center highlighting the following topics:

• Bed Sore Glossary
• Bed Sore Treatment Specialists
• Bed Sore Articles
• Bed Sore Research Studies
• Websites Devoted To Bed Sores

For more than 30 years, attorneys at Rosenfeld Injury Lawyers have fought for injured patients and families who have been harmed due to carelessness or neglect of others.  Put our experience in the fields of nursing home negligence and medical malpractice to work for you!  We invite you to speak to our lawyers for a free case analysis today.

After just a day of jury deliberations, the jury has awarded the deceased patient's family almost $600,000 for physical pain and suffering, mental pain and anguish and subsequent medical bills.

Like  many cases involving bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers) the nursing home argued that the patients wounds were 'unavoidable'.

While there may be a limited number of circumstances where skin-breakdown occurs despite the implementation of all feasible preventative measures--- most cases of bed sores simply result from downright faulty care-- the facility simply not doing its job in caring for the patients.

Unfortunately, this judgment against a nursing home will be reduced substantially pursuant to Texas tort reform caps that curtail a jury's award to comply with state imposed caps.

Nursing home trials, such as this, should really be about improving care for similarly situated nursing home patients in the state.  Unfortunately, when caps on recovery are imposed by state legislatures, injured people are the real losers as the arbitrary caps on recovery provide little incentive for facilities to change the way they operate and impose new safety measures.

Related:

Jury finds nursing home negligent, by Craig Kapitan Express News, October 20, 2010

Nursing Home Injury Laws: Texas

Who Benefits From Damage Caps In Nursing Home Lawsuits?

As Congress Debates Health Reform Measures, Some Still Want To Strip Injured People Of Their Legal Rights

The trial commenced by the family of Emilo Gonzalez, a patient with motile medical complications including: partial paralysis, anemia, seizure disorder, decreased appetite, dementia and Parkinson’s disease, alleges that despite a medical chart that seems to substantiate regular care—including crucial bed sore preventative measures such as turning and re-positioning, the care was never actually provided.

Lawyers for the nursing home, assert that the facility actually performed all of the care that the records demonstrate and the development of Mr. Gonzalez’s bed sore (similarly referred to as: pressure sores, pressure ulcers or decubitus ulcers) was simply an unavoidable medical condition that developed due to the fact the Mr. Gonzalez’s body was shutting down.

Inevitability is a common defense asserted by nursing homes and hospitals in litigation involving the development of a bedsore during an admission to the facility.  Despite these arguments, it usually is readily from the testimony of staff at the facility that the care indicated in the patient’s chart was not, nor could have been provided.

As we await to hear how the jury decides this matter, falsified medical charting is a common element of nursing home negligence matters.  As a nursing home lawyer, I have worked on a number of cases where patients’ charts indicated care was provided at a specific date and time--- only when such care would have been physically impossible due to the fact that the patient was dead or had been discharged to another facility.

Certainly, if indeed the medical records in this matter were falsified, it wouldn’t surprise me to see a jury return a substantial verdict in favor of the deceased patients family. 

Related:

Who's To Blame For Bed Sores In The Obese? Or Are They An Inevitable Part Of Being Fat?

Under-Staffing & Under-Funding Alleged In Nursing Home Negligence Lawsuit Where Patient Developed Bed Sores

Why are physically disabled patients at risk for developing bed sores?

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

The nursing home negligence lawsuit, filed by my colleague Attorney David Terry, is filed on behalf of a deceased nursing home patient and alleges the nursing home (Parkwood Skilled Nursing and Rehabilitation Center) and its various management companies operated the facility in a manner where money necessary for essential patient-care services was diverted away from the the facility to the benefit of the facility owners.

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.

The lawsuit against Parkwood specifically alleges the facility failed to provide adequate care to prevent the following:

• Pressure sores
• Malnourishment
• Development of a urinary tract infection
• Osteomyelitis
• Severe pain

Sadly, many nursing home patients are currently suffering horrible pain and embarrassment due to bed sores.  The overwhelming majority of bed sore cases are the result of the facilities failure to properly implement plans of care.  In cases where a bed sore developed during an admission, facilities can be held responsible for the resulting pain and loss of dignity and medical expenses.  

Our nursing home attorneys are available to discuss your situation with you and advise you of your legal rights.  All consultations are confidential and no fee is ever charged unless there is a recovery for you. (888) 424-5757

Related:

Nursing Home Resident Dies From Improperly Treated Pressure Sores During Short Rehab Stay

New York jury awards $19m to family of man who developed advanced bed sores during nursing home admission

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

Angela Thompson v. Parkwood Skilled Nursing and Rehabilitation Center (pdf)

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