Legal evaluation of bedsore claims

The law requires that a nursing home must ensure that a resident does not develop bedsores, unless the resident's medical condition shows that the pressure sores were unavoidable. In some cases, bedsores can be unavoidable. For example, if a person is terminally ill; semi-comatose or comatose and life sustaining measures have been withdrawn or discouraged, pressure sores may be difficult to prevent.

Many times, however, the development of bedsores is avoidable, and the reason for their development is the negligence of the nursing home.

Each case involving decubitus ulcers is highly individualized and our law firm will review the medical chart for the following information in order to determine if the development of a bedsore was avoidable:

• What was the resident's skin condition before admission to the nursing home.
• What medical problems did the resident have' Some medical problems such as diabetes, kidney failure and paralysis place the resident at risk of developing bedsores.
• Was good care given in the home, such as turning and proper positioning of a patient, use of devices to relieve pressure such as special mattresses, beds and padding to protect areas at risk for breakdown such as the heels and elbows.
• Was the resident kept clean and dry to prevent skin breakdown.
• Was the resident receiving adequate nutrition and fluids.
• Was the resident identified as being at risk for pressure sores and if so, was a preventative care plan was implemented.
• How many bedsores developed, how severe and where are they located on the body.
• Was a doctor and/or wound care specialist consulted and whether they were actively and consistently involved in treatment.
• Is there accurate documentation in the medical chart of assessments of the skin, turning and repositioning and treatment of the decubitus ulcer(s).
• Are there pictures of the bedsore(s).
• Did the bedsore(s) lead to serious complications such as infection, amputation and sepsis (the spread of the infection to the bloodstream) that can lead to death.

Bedsores and Understaffing

In most cases involving pressure sores, we often find that the nursing home was understaffed. Examples of nursing home negligence in the development of bedsores include:

• Failure to prevent malnutrition and dehydration
• Failure to provide adequate treatment and services for incontinent patients
• Failure to provide an adequate number of nursing home staff to reposition bedridden patients regularly
• Failure to properly supervise staff to ensure that bedridden patients are being repositioned regularly
• Failure to properly train nursing home staff to prevent the development of bedsores
• Failure to provide proper treatment to promote healing of bedsores

Bedsore Resources:

• Overview
• Prevention tips

Other Nursing Home Abuses:

• Bedsores
• Dehydration
• Elopement
• Falls
• Malnutrition
• Mental Abuse
• Physical Abuse
• Restraints
• Sexual Abuse
• Wandering
• Wrongful Death

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