Our Naperville nursing home abuse attorneys understand the anger and frustration felt by many family members when learning that their loved one has suffered some type of mistreatment or neglect while in a nursing home. In fact, there has been a significant rise in criminal and civil cases that involve pressure sores (bedsores; decubitus ulcer; pressure ulcers) happening in nursing homes throughout the Chicago metropolitan area.
Aging, disabled and rehabilitating elders must often change the position of their body multiple times every hour. The movement relieves pressure and shifts weight from one body area to another. Bedsores can quickly develop without routine shifting by turning of the body every hour or so. Unfortunately, many individuals requiring help from skilled professionals because they lack the cognitive or physical capacity to move without assistance.
If your loved one developed a bed sore during an admission to a Naperville nursing home, you may be entitled to file a lawsuit or claim against the facility. Contact the Nursing Home Law Center today for a free case review.
Bedsores can quickly develop area of the body, but especially on bony prominence is that lack fatty tissue. The most common areas for developing sores occur on toes, ankles, heels, knees, hip bones, sacrum, shoulder blades, shoulders, elbows, neck and back of the head. When left untreated, the reddened area can quickly develop into an open sore that becomes extraordinarily painful with the potential of serious infection that results in gangrene requiring amputation.
Medical directors, nursing home administrators and the nursing staff at facilities all throughout Illinois have a legal obligation to ensure every non-ambulatory or restricted-ambulatory resident receives scheduled turning and repositioning every hour or so. The routine readjustment of pressure can ensure that all skin areas are provided adequate oxygen and nutrients.
In addition, the nursing facility is required to develop effective medical care plans and provide adequate nutrition and hygiene assistance. To fulfill this, nursing home administrators, medical directors and supervisors must properly train the nursing staff on how to detect a newly acquired bedsore and follow protocols to
report the detection so that an effective plan of care can be developed and implemented. Unfortunately, not all nursing facilities provide a high level of care that involves routine skin assessments and responsive protocols to ensure that an early stage bedsore does not degrade into a life-threatening condition.
The Naperville nursing home neglect attorneys at Nursing Home Law Center LLC have served as advocates to many victims of nursing home abuse and neglect. Our dedicated attorneys have taken many steps to hold those responsible for harming nursing residents financially and legally accountable. In addition, our network of attorneys publishes publicly available information concerning nursing facilities cited, investigated and penalized for low standards of care. We provide the list below outlining our primary concerns from information pulled from national databases including information provided on Medicare.gov.
309 McHenry Avenue
Woodstock, IL 60098
(815) 338-1700
A “For-Profit” 115-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
In a summary statement of deficiencies dated 10/30/15, a complaint investigation was opened against the facility for its failure to “re-evaluate pressure ulcer risk factors for a resident with a new fracture.” The state inspectors also investigated the facility’s failure “to revise prevention interventions to address individual needs”. While these division practices affected one resident at the facility.
The complaint investigation was initiated after a review of a resident’s 10/08/2015 Minimum Data Set (MDS) and 09/06/2015 and 09/10/2015 Nurses Notes revealing the resident “sustained [injury] after falling was admitted to the hospital” on 09/06/2015 and returned to “the facility at 2:45 PM the same day.” During re-admission to the facility, the resident’s skin was evaluated using the Braden Score which indicated the resident scored “a 14, which shows he is at moderate risk for skin breakdown.”
The state investigator reviewed the facility’s 09/21/2015 Skin Surveillance showing that the resident had developed a facility-acquired Stage III Ulcer to his sacrum and wounds of both his heels were identified as new on 09/16/2015 (six days after re-admission).” On 09/21/2015, the facility’s Wound Care Physician conducted an initial evaluation and noted that “both heels as unstageable deep tissue injury caused by pressure, and the sacral area as a Stage III wound caused by pressure.”
At 10/30/2015 11:45 AM interview was conducted with the facility’s Director of Nursing who indicated that before the resident had developed their current medical condition “no interventions were in place for [the resident’s] heels.” The Director of Nursing also stated that the interventions were the same for [the resident] after [he developed the medical condition] as before his fracture, except more frequent turning and repositioning [… and] added [that a] air mattress and heel protectors were put in place after [the resident’s] wounds were identified.”
An interview conducted with the facility wound nurse on 10/30/2015 indicated that “she believed [the resident’s] wounds were caused by pressure, and was not certain staff was as diligent with repositioning as they should have been when [the resident] was re-admitted.”
The state surveyor conducted an 10/30/2015 11:35 AM interview with the facility Wound Care Physician who stated “he would expect a little more monitoring of [the resident]. When asked if he would expect the same pressure ulcer prevention for [the resident] after [he developed a medical condition] as before [he started suffering the condition, the physician] state with a broken hip, [the staff] must re-evaluate [… and] re-address. [The resident’s] care plan was not updated to include prevention interventions for his heels until 09/30/2015, after his wounds were identified.”
Our Woodstock nursing home neglect attorneys recognize that any failure to follow protocols and take effective measures to minimize the potential of a resident developing pressure sores might be considered negligence or mistreatment. Additionally, our network of attorneys recognizes that the facility failed to follow their own procedures, protocols and policies, especially the Crossroads Care Center Woodstock policy titled Wound Prevention Policy that states in part:
Identify those residents who are at high risk for developing pressure areas and relieve and remove pressure. Interventions include Offload heels when appropriate.”
“In addition, the policy instructs the staff to “care for residents as indicated in the resident’s care plan, regarding individualized interventions” in its Management of Interventions section.”
Identify those residents that are at high risk for developing Pressure Areas, and Relieve or remove pressure. Interventions include Offload heels when appropriate. Under the Management of Interventions section, the policy it states, Staff will care for resident as indicated in the resident’s care plan, Regarding Individualized Interventions.
1703 60th St
Kenosha, WI 53140
(262) 658-4125
A “For-Profit” 97-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
In a summary statement of deficiencies dated 03/19/2015, a complaint investigation against the facility was opened for its failure to “ensure that [a resident at the facility] with the pressure ulcer received appropriate treatment to the pressure ulcer.” The division practice by the medical team resulted in the resident developing “and unstageable pressure ulcer to his/her left heel.”
The complaint investigation was initiated in part after a surveyor reviewed the 03/11/2015 medical records of a resident at the facility that indicated the resident had “developed a one centimeter by one centimeter dark necrotic area on the left posterior heel. Based on observation and interview the pressure area was unavoidable.”
The resident’s history at the facility included a 02/08/2015 falling incident the dining room where the resident “complaint of pain. The facility completed a full set of x-rays on 02/08/2015 [indicating] there was no fracture. [The resident]] continue to complain of pain and another set of x-rays was taken on 02/20/2015 [indicating] no fracture.” With a resident continuing complain of pain, the resident’s physician “ordered an MRI on the left hip on 02/27/2015 in this revealed a hairline fracture of the hip.”
Over the course of the resident’s stay at the facility, the resident remained non-compliant with using floating heels and refused to wear a protective boot while in bed. However, the state surveyor conducted a 03/11/2015 interview with the facility’s Wound Nurse “who indicated that the facility put interventions in place to protect [the resident] heels, but the resident was noncompliant with keeping [their] heels off the bed.” The Wound Nurse also indicated “that staff would always float the heels but the resident would take the pillow away.” The state surveyor noted their observation on 03/11/2015 to 03/12/2015 where the resident moved “her legs and kicking the pillow out from under [her] legs.”
The state surveyor observed treatment to the resident’s heel by a registered nurse on 03/11/2015 at 1:00 PM, where it was observed that the nurse was removing “the old dressing from [the resident’s] left heel” and then “move the pillow that was in the bed and placed [the resident’s] open wound directly in the pillow that had been in the residents bed [… and] proceeded to complete the treatment and placed [the resident’s] heels on the same pillow that the wound was placed on.”
The state surveyor conducted an interview with the Wound Nurse on 03/11/2015 at 2:30 PM who “indicated that [the registered nurse providing treatment] should have put something clean down on the bed and should not have placed the resident’s wound on the dirty pillow that was in the bed.”
Our Kenosha, Wisconsin nursing home neglect attorneys recognize that any failure by the nursing staff to follow protocols when treating wounds could jeopardize the health and well-being of the resident. In addition, the division practice might be considered negligence because it does not follow Kenosha Estates Rehabilitation and Care Center’s revised 2010 policy providing under steps during a procedure that indicates “that staff should place a disposable cloth next to the resident (under the wound) to serve as a barrier to protect the bed linen and other body sites.”
3415 N Sheridan Rd
Kenosha, WI 53140
(262) 657-6175
A “For-Profit” 159-certified bed Medicaid/Medicare-participating facility
Overall Rating – 1 out of 5 possible stars
Primary Concerns –
In a summary statement of deficiencies dated 09/22/2015, a complaint investigation was opened against the facility for its failure to “ensure that [a resident at the facility] with CP pressure ulcers receive the necessary treatment and services to promote healing and prevent new ulcers from developing.” This deficient practice directly involved the resident who “has a facility-acquired Stage II pressure ulcer on the left outer foot.”
During an interview the facility’s Director of Nursing indicated that the facility investigated the root cause of the resident developing a “pressure ulcer and determined it was developed [on] 09/10/2015, either due to pressure (redistribution boots sliding when the resident moved around in bed) or from positioning of the foot on the footboard of the bed.”
The Resident’s MDS (Minimal Data Set) in the case of the resident “has severely impaired cognition [and] requires total assistance for bed mobility and transfers.” Also, the records indicate that the resident is “72 inches in height, is at risk for pressure ulcers and was admitted [to the facility] with one Stage II pressure ulcer.” The facility conducted a Braden Scale assessment on 06/25/2015, 07/15/2015 and 08/30/2015. The scale is used as an effective tool to predict pressure sore risks. The scale revealed that the resident “is at high risk for pressure ulcer development.” By 06/26/2015, the resident’s plan of care for skin impairment included “interventions for bilateral heel boots.”
A review of the 07/01/2015 OT (Occupational Therapy) Therapy Progress Note indicated a “clinical impression that the resident continues in a twin size bed decreasing the ability to fully achieve side lying. The impression indicates to continue recommending larger bed for easier turns and positioning. The Director of Nursing indicated that after the resident developed the pressure ulcer, the facility obtained a larger bed for the resident and “discontinued the use of pressure redistribution boots.” By 09/15/2015, the resident “was observed in bed with his heels floating and he was wearing his roommates pressure redistribution boots.”
The nursing staff’s 09/10/2015 analysis of the resident’s pressure ulcer indicates that “the pressure ulcer was caused by pressure or friction to the foot. The analysis indicates the foot or boot may be rubbing on the footboard of the bed, that the resident is tall, and that the bed may not be long enough for the resident to be positioned without friction/contact the foot board.” The state surveyor conducted an interview with the facility’s Registered Nurse/Nurse Supervisor/Wound Nurse on 09/15/2015 at 10:05 AM who indicated that the resident “developed a fluid-filled blister on 09/10/2015 from rubbing the heel boots or from pressing against the footboard of the bed.”
While the Occupational Therapist “indicated that a recommendation was made for a larger bed for the resident on 07/01/2015 and 07/08/2015 [… and the] bed was recommended for proper safety and positioning [… the] facility informed [the occupational therapist] that the resident did not meet the qualifications for bariatric bed and that one was not provided to the resident until 09/10/2015.”
Our Kenosha nursing home neglect attorneys recognize that any failure to provide proper treatment to residents requiring special needs, equipment or services might place the health and well-being of the resident in jeopardy. The deficient practices might be considered negligence or mistreatment because the nursing facility did not provide the proper equipment which caused additional harm to the resident who developed a facility-acquired bedsore.
The horror stories involving elder abuse residents are pushed, beaten, sexually assaulted or robbed are obvious signs that something is going wrong inside a nursing facility. However, many other residents become victims at the hands of their caregivers who provide inadequate treatment or follow ineffective plans of care that threaten the health and well-being of the elderly who must rely on others for assistance.
When a nursing home resident develops a bedsore, the problem is usually very straightforward. At some point in the recent past, the part of the resident’s body that developed the pressure sore was not provided an adequate flow of blood to the skin and underlying tissue. The prolonged pressure restricted much-needed oxygen and nutrients to the area causing the skin and tissue to die.
The area first appears as a reddened spot on the body that can eventually become necrotic, where the skin completely dies and develops a crater. The open wound can become infected or increase in width and depth, exposing muscle and bone. The open wound makes the body’s highly susceptible to bone infections (osteomyelitis) and blood infections (sepsis), placing the health of the resident in grave danger.
If you suspect your loved one has been provided an unacceptable amount of care and attention and developed a facility-acquired pressure sore, it is imperative to take immediate steps to stop the neglect now. Many families choose to hire personal injury lawyers who specialize in nursing home abuse cases to serve as legal advocates. The lawyer can take effective measures to ensure that your loved one receives the proper care, even if this means transporting them to another facility or bringing other health care providers to your loved one’s bedside in the nursing home.
If your family needs to discuss a case involving bedsores with a reputable Illinois elder abuse network of attorneys, the Naperville nursing home abuse attorneys at Nursing Home Law Center LLC can help. Our Illinois team of dedicated respected attorneys represents victims with cases involving negligence, abuse and mistreatment occurring in nursing homes throughout the Chicago metropolitan area. Our network of attorneys can fight aggressively on your behalf to ensure your loved one receives proper medical care and recovers the maximum amount of financial compensation for their injuries, damages and harm.
Contact our law offices today at (800) 926-7565 to speak with one of our experienced Naperville elder abuse lawyers for your free full case review.
We pursue compensation on your behalf using a contingency fee agreement. This means we provide you and your family legal representation without your need to pay any upfront fees or retainers. All information you share with our law offices remain confidential. Our network of attorneys is experienced with pressure sore litigation. Review some of our recent bed sore case results here or learn about how these cases are evaluated by insurance companies and juries in Illinois here.
Should you have questions about Illinois law related to pressure sores, view our page here.
For information on bed sores and nursing home negligence in other Illinois cities, please review the pages below:
Attorney Jonathan Rosenfeld
Licensed in Illinois
Chicago Attorney Nursing Home Law Center LLC Home