Lawyer Resources for Bed Sores

When it comes to medical complications that realistically pose a serious threat of disabling— or even killing– patients in nursing homes and hospitals across the country, few conditions can compare to pressure sores.

As innocent as the term may sound, when “pressure sores” progress, they should perhaps be more accurately referred to as “large open wounds” when they progress to their more advanced stages.  An advanced pressure sore remains one of the indelible emblems of poor care— when the skin and tissue in the area of the wound gives way to a large opening in the body where the underlying organs and bone may be visible.

What makes pressure sores uniquely disturbing compared with other medical complications is that patients at many medical facilities are no less at risk for developing this complication than they may have been 10, 20… or even 100 years ago!  Unlike other medical complications that have been drastically reduced or eradicated with the implementation of medication and technological advancements, pressure sore prevention relies primarily on the backs of the staff members whom are responsible for caring for immobile patients.

The origins of pressure sores have been well documented for centuries— the combination of unrelieved pressure and force put upon the body. However, from a technological perspective, relatively little progress has been made towards reducing the rates pressure sores in patients with heightened risk factors.

From a preventative standpoint, the most widely suggested preventative technique remains turning patients at regular intervals to encourage the bodies natural circulatory process to bring vital oxygen and nutrients to areas of the body that can be starved off from these necessities when patients remain in one position for extended periods of time.

Pressure sore prevention plans remain a fixture at many medical and care facilities that care for the elderly and immobile patients. While promising in theory, these plans require the constant work from facility staff to effectively carry out.

Recognizing that the development of a bed sore during an admission to a hospital as something that simply should not occur, many facilities have begun to categorize their development for what they truly are— a serious medical error.

Bed sores now join a list of dreadful occurrences such as: operations on the wrong body part, patient suicides, foreign objects left in during surgery and deadly falls in the hospital as situations that simply shouldn’t occur in the presence of proper medical care.

According to reports in the Journal Gazette regarding serious medical errors in Indiana Hospital and surgery centers, the development of serious bedsores during an admission tops the list as the most common danger facing patients.

Even though I may be occasionally deluged with photos of bed sores on patients in nursing homes and hospitals— I never forget that the horrific wounds are indeed on a real person.

Sadly, by the time that the wound has progressed and opened– and even with the best wound care– the patient faces a painful and emotionally draining recovery.  Realistically speaking, many patients who develop bed sores will likely never recover from this incredibly visual emblem of neglect.

But, what if facilities could prevent the bed sores from developing in the first place?

The family of a deceased woman has filed a lawsuit against a large health care company that was responsible for maintaining her health.  The lawsuit names Addus Healthcare as a defendant in two count complaint alleging that the companies negligence during a short-term stay, resulted in numerous medical complications that contributed to the patients death.  Amongst the complications alleged include:

• Failing to treat the patients decubitus ulcers
• A urinary tract infection

Upon entering a nursing home, staff must conduct an assessment of various aspects of patient needs in order to assure the best possible care.   Federal law requires that part of the assessment incorporate both a skin assessment to determine if the patient has any existing pressure sores and to develop a plan of care to help ensure that the patient doesn’t develop any bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers) during their admission.

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

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:

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 Kimberly S. French, the daughter of Martha S. French.  Ms. French brought a wrongful death case against the Stratford House nursing home alleging:

• Ordinary negligence
• Negligence per se based on violations of state and federal nursing home regulations