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



                                         

[Caption: The VIP Manor nursing home is one of 35 care centers managed by Cypress Health Care.]

The family of a deceased Illinois man is suing the VIP Manor nursing home in Wood River, saying the facility was responsible for their family member’s death.

The Madison-St Clair Record reports that Thomas Woodward, 52, was taken from VIP Manor to a hospital in Effingham, IL in March, 2010. He was diagnosed with severe bed sores, low blood pressure, and a bone infection in his lower spine. During treatment for the bone infection (osteomyelitis), Woodward developed colitis - a serious infection of the colon. Woodward died from colitis in April 2010.

Family member Carl Woodward says VIP Manor violated the Illinois Nursing Home Care Act in its treatment of Thomas Woodward. Carl Woodward is suing VIP Manor for upwards of $150,000.

According to recent Illinois Health Department surveys, VIP Manor has an extensive history of negligence. Just in the past two years, VIP Manor has been found guilty of:
  • Failing to provide sanitary toilet facilities and fresh linens
  • Improperly handling wheelchair-bound patients, leading to severe cuts and falls
  • Routinely botching medications
  • Failing to develop adequate care plans
VIP Manor has also been sued on at least three other occasions. In 2004, a former nurse’s aide filed suit, claiming she was fired for reporting abuse. In 2005, two families alleged that VIP provided improper care for their relatives. All suits are still pending.

Information about VIP Manor was not available on Medicaid’s noted “Nursing Home Compare” Web site.

Related:

Daughter Sues VIP Manor for Mother’s Death May 8, 2006 Madison/St. Clair Record

Nursing Home Sued by Resident’s POA February 17, 2005 Madison/St. Clair Record

Pressure Sores Continue To Be A Viscious Sign Of Neglect At Medical Facilities

Contrary to what some medical facilities suggest, the development of pressure sores during an admission to a facility is not an inevitable part of getting older or something that simply coincides with some medical conditions.  Rather, pressure sores are overwhelmingly the result of inattentive care on the part of the facility.

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.

Gangrene & Osteomyelitis Cited In Wrongful Death Lawsuit Against Nursing Home

The Journal Carrier reported on a recently filed Illinois lawsuit against Jacksonville Convalescent Center involving the death of an 87-year-old man at the facility.  According to reports, the lawsuit was filed based on the poor care provided by the nursing home contributed to the patients death.

Despite having multiple medical conditions such as: prior strokes, hypertension, diabetes and dementia that put the man at an increased risk for falling, the facility allegedly failed to implement the necessary safeguards and he subsequently fell and fractured his hip which necessitated a surgery.

In addition to the fall and resulting injury, the lawsuit further alleges that the facility failed to prevent the development of a diabetic ulcer on the patient's ankle that ultimately resulted in severe medical complications such as gangrene and osteomyelitis. 

Development of gangrene and osteomyelitis in wounds

Few medical conditions are as debilitating and de-humanizing that gangrene and osteomyelitis. Gangrene is a condition that results when the tissue and skin die and decay and toxins form killing the area surrounding the wound.  Osteomyelitis is an infection in the bone that generally forms in the area surrounding a wound.

Particularly in patients with diabetic ulcers and decubitus ulcers, medical personnel need to be diligent when caring for the patients wounds.  Strict adherence to the doctors orders is necessary to maximize the ability of the wound to heal.  Certainly, except for the most extreme circumstances, the development of gangrene and osteomyelitis are indicative the facilities failure to provide adequate care.

Related:

If bed sores are not timely treated, can gangrene develop?

Can bed sores cause osteomyelitis?

Are all ‘sores’ considered to be ‘bed sores’?

Nursing Home Injury Laws: Illinois

Families Must Educate Themselves When It Comes To Bed Sores Acquired In A Nursing Home Or Hospital

Bed Sore FAQ's

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:

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.

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

'Under-staffing' and 'under-funding' are just several of the underlying reasons alleged to contribute to the development of a patient's bed sores (or decubitus ulcers, pressure ulcers or pressure sores) during an admission to a Missouri nursing home.  

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:

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)

Bed Sore FAQ's

Even Stiff Fines Can't Force Nursing Homes To Take Necessary Steps To Prevent Pressure Ulcers

dollarWhen nursing homes take simple, preventative steps such as: turning patients, keeping them clean, and providing adequate nutrition and hydration; they can greatly decrease the incidence of pressure sores at their facilities.  However, even though the preventative steps are well known, many nursing facilities simply fail to implement the necessary care that patients require to function optimally.

I was particularly disturbed when I came across an article in the Arizona Daily Star regarding a Kindred-owned nursing home that has been repeatedly failed to provide sufficient wound care for its patients.  In fact, Villa Campana Health Care Center was most recently fined by state authorities $10,000 following a horrific chain of events involving a patient who was admitted to the facility last fall.

Within a month of entering Villa Campana, a patient developed a pressure sore on their buttocks.  Despite the staff's documentation of the wound, little care was provided at the wound progressed to the point that bone was involved and an infection known as osteomyelitis ensued.  Eventually, the patient required multiple surgeries to treat the advanced pressure sore including a debridement surgery to remove portions of the coccyx, sacrum and surrounding tissue.

The most recent fine follows other violations at the facility including:

  • A 28 day suspension on new admissions to the facility implemented by Medicare
  • In September, 2009 the facility was fined $68,000 for non-compliance with applicable regulations
  • In December, 2009 Arizona officials fined Villa Campana $11,525 for the violation of 33 state rules pertaining to the monitoring and treatment of patients' pressure sores

Government officials have picked up on Villa Compana's deficiencies and have categorized the facility in the one-star category-- the lowest rating according to Medicare's, Nursing Home Compare site.  Similarly, the Arizona Department of Health Rates Villa Campana as 'D' in quality-- the state lowest rating for nursing homes.

Certainly, the fact that this Kindred facility has such an extensive history regarding the inadequate prevention of patient's pressure sores should give rise for concern.  Pressure sores and osteomyelitis are prime examples of nursing home negligence and commonly give rise to lawsuits against the facility where the wound developed.  A lawsuit for the development of a pressure sore can recover damages for medical expenses and the pain that accompany the wounds.

Related Nursing Homes Abuse Blog Entries:

Arizona Nursing Home Fined For Multiple Safety Violations

Lawsuit Alleges: One Week In The Nursing Home Results In Significant Deterioration Of Pressure Sores & Sepsis

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

Bed Sore FAQ

Nursing Home Injury Laws

In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing.  In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws.  Nursing Home Injury Laws, provides every states':

Additionally, we will be posting regular updates regarding important developments relevant to nursing home care within each state.  Here is a link to Nursing Home Injury Laws.

Despite Their Avoidability, Bed Sores Continue To Plague Nursing Home & Hospital Patients In All Demographics

Although the news regarding the horrific physical and emotional impact of bed sores (also called decubitus ulcers, pressures sores or pressure ulcers) surely is on all respectable medical professionals radar screens, bed sores in nursing homes and hospitals continue to plague individuals in all demographics.  In order to improve patient care, bed sore prevention must be a priority at all nursing homes and hospitals.

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.

When bed sore are not timely treated, the wounds may progress and become an advanced stage bed sore. A stage 3 or 4 bed sore typically requires more aggressive interventional medical treatment may be required such as surgical debridementflap reconstruction or a diverting colostomy may be necessary.

By the time significant medical treatment his utilized, many patients are already suffering from complications such as: osteomyelitis, amyloidosis, gangrene or sepsis

In addition to the pain that accompanies bed sores, the medical complications may claim the life of the person.  In my practice, we commonly represent families in wrongful death lawsuits for people who have developed bed sore during an admission to a hospital or nursing home.

Many of these commonly encountered situations are discussed at BedSoreFAQ.com, where we receive thousands of visits every month from concerned family members and care givers. If you have a question, not discussed, feel free to contact me for a no-obligation consultation. (888) 424-5757. Toll-free. Anywhere

Bed Sore Problems Compounded: Amyloidosis

One of the nursing home negligence cases my office is currently investigating involves the death of a man related to complications related to amyloidosis.  Turns out, the man was suffering from an advanced bed sore on his coccyx (also called pressure ulcers, pressure sores or decubitus ulcers) that had progressed so far that the bone in the area had become infected (osteomyelitis).

Elderly nursing home residents, especially those suffering from other diseases such as bed sores, have a higher risk of developing amyloidosis, a disease which can damage various tissues and organs.  This can cause dangerous complications in residents who are already weak from advanced age or underlying disease.

Amyloidosis is a group of diseases caused by abnormal deposits of amyloid protein (usually produced by cells in bone marrow) in the body’s tissues and organs.  The disease frequently affects the heart, kidneys, liver, spleen, nervous system, and gastrointestinal tract.  The amyloid protein can deposit in a localized area (localized amyloidosis) or affect tissues throughout the body (systemic amyloidosis).  Amyloidosis is diagnosed for testing for the amyloid protein in a biopsy of involved tissue. 

Systemic amyloidosis is classified into three major types:

  • Primary (AL) amyloidosis
  • Secondary (AA) amyloidosis
  • Hereditary or Familial (ATTR) amyloidosis

Primary amyloidosis, the most common form of amyloidosis, occurs when a plasma cell in the bone marrow spontaneously overproduces a particular protein portion of an antibody.  AL can affect many areas (heart, kidneys, liver, spleen, nerves, intestines, skin, tongue, blood vessels) and can occur with bone marrow cancer (bone marrow cancer), but is a disease entity of its own.

Secondary amyloidosis occurs as a result of another illness (multiple myeloma, chronic infections including tuberculosis and osteomyelitis, or chronic inflammatory diseases including rheumatoid arthritis and ankylosing spondylitis).  It usually affects the kidneys, spleen, liver, and lymph nodes.  Treatment for AA is usually treating the underlying illness.

Familial amyloidosis is a rare form of inherited amyloidosis that is an inherited autosomal dominant disease (meaning that the offspring of a person with the condition has a 50% chance of inheriting it).  ATTR usually affects the liver, nerves, heart, and kidneys. 

The signs and symptoms of amyloidosis depend on the tissues or organs affected.  The symptoms result from abnormal functioning of the organs and tissues involved.  They may include:

  • Swelling of ankles and legs
  • Numbness or tingling in hands or feet
  • Severe fatigue
  • Weakness
  • Significant weight loss
  • Loss of appetite
  • Shortness of breath
  • Irregular heartbeat
  • Diarrhea or constipation
  • Protein in urine
  • Feeling full quickly
  • Enlarged tongue
  • Difficulty swallowing
  • Swelling
  • Skin changes (thickening or easy bruising)
  • Purplish patches around the eyes

 Risk factors for amyloidosis including:

  • Age – older than 65
  • Other diseases – having chronic infections or inflammatory disease or osteomyelitis
  • Family history – history of amyloidosis
  • Kidney dialysis – large, abnormal proteins can build up in the blood

The severity of the disease depends on which organs and tissues are affected.  The disease can result in dangerous complications including kidney damage, heart damage, and nervous system damage.  Kidney damage can result when amyloidosis affects the kidneys.  Kidney problems frequently translate to damage with the bodied blood filtering system, allowing protein to leak from the blood into the urine.  This may result in kidney failure. 

Heart damage can also occur when amyloidosis affects the heart.  This reduces the heart’s ability to fill with blood between heartbeats, meaning less blood is pumped with each beat.  Nervous system damage can also occur when amyloid protein deposits affect the nerves.  This can result in numbness, tingling, or difficulty controlling blood pressure. 

There is no cure for amyloidosis, but treatment may help manage the signs and symptoms of the disease, limit further production of amyloid protein, and treat any underlying disease.  Several treatments of primary amyloidosis are being studied including medicine and peripheral blood stem cell transplantation. 

Nursing home residents suffering from painful pressure sores are at an increased risk for amyloidosis.  Should a pressure sore patient develop amyloidosis, they run the risk of organ tissue damage and increased risk of amyloid protein deposits.  Also, paraplegic patients suffering from sepsis as a result of pressure sores also face complications stemming from amyloidosis. 

Sources:

Mayo Clinic: Amyloidosis

Boston University: Amyloid Treatment and Research Program

Amyloidosis Foundation

Pressure sores: aetiology, treatment and prevention (Colin Torrance)

Related:

Bed Sore FAQ

Bedsores: Are You At Risk?

In For Rehab. Out With Bedsores.

"The Nursing Home Says My Dad's Bedsores Were Unpreventable..."

Bed Sore Resources

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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Bed Sore FAQs

Frequently asked questions on bed sore prevention, treatment and legal rights of those who have been neglected.

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