Pressure ulcers, commonly known as bed sores, pose a significant risk to nursing home patients, particularly those experiencing constant pressure on specific body parts. Over 10% of nursing home residents suffer from bed sores, with half of these cases being severe (stage III or IV).
Pressure ulcers are considered to be a “never event” in medical facilities, indicating that their occurrence is usually inexcusable. Despite this, up to 11% of nursing home residents have at least one pressure ulcer, yet only 35% receive adequate care.
Pressure sores are two to six times more likely to result in wrongful death compared to other serious conditions like cardiovascular disease and cancer. In some facilities, the incidence of pressure ulcers can be as high as 91%, with 60% of those with severe ulcers dying within a year of developing the condition.
Bedsores primarily affect patients over 60 with limited mobility, occurring more frequently in nursing homes due to chronic understaffing. The primary cause of these sores is failure to regularly reposition the patient, compounded by issues like dehydration and malnutrition.
Recent shifts in the healthcare sector have led to understaffed and undertrained nursing staff, exacerbating the problem. The cost of treating a single bedsore is $37,800, which underscores the financial and ethical importance of addressing this widespread issue through legal action and improved care standards.
Pressure injuries progress through distinct stages, each indicating increasing severity.
In the initial stage, the skin remains intact but shows signs of stress, such as changes in color, temperature, and texture. The area may feel different to the touch and display persistent redness in lighter skin or discoloration in darker skin tones, indicating restricted blood flow. This stage often involves discomfort or pain.
As it progresses, the pressure wound becomes more apparent as the skin breaks open, forming a shallow ulcer or blister. This stage may exhibit clear fluid or pus, and the surrounding area can feel warm and appear swollen.
Stage 3 is more severe, with the ulcer deepening into a crater-like wound that extends through the skin into the underlying fat layer. The damage becomes more visible, and the risk of infection increases. The wound is often accompanied by a noticeable odor and possibly exudate.
The most critical stage involves deep tissue damage down to muscle, bone, or tendons. This type of bed sore is visibly serious and prone to severe infection. It requires immediate and intensive medical intervention to prevent further health complications.
An unstageable pressure injury is characterized by a wound obscured by thick, dead tissue known as eschar, or extensive slough, which prevents professionals from viewing the wound’s base to assess its depth. These injuries suggest severe underlying damage and necessitate prompt and vigorous treatment.
A DTPI appears as a localized discolored area (usually purple or maroon) of intact skin, or it may present as a blood-filled blister. This injury results from damage to the soft tissues beneath the skin due to sustained pressure and/or shear. The affected area may be tender, have a different texture (such as firm, mushy, or boggy), and may feel warmer or cooler compared to surrounding tissues.
Pressure ulcers develop when constant pressure restricts blood flow to the skin, leading to tissue damage and skin breakdown. These ulcers typically form on body parts where bone lies close to the skin, making certain areas particularly prone to such injuries.
Vulnerable regions include:
Medical professionals should monitor patients for signs of pressure ulcers, paying particular attention to body parts with limited padding from fat and muscle.
Several medical conditions can further exacerbate the likelihood of developing pressure ulcers.
These include:
Individuals most at risk include those who are bedridden, have limited mobility, suffer from decreased pain sensation, or spend extended periods in a wheelchair. Conditions like unconsciousness or the necessity to wear a cast for a long duration also heighten the risk.
Pressure sores and bedsores are not only painful but can also lead to severe and potentially fatal complications if not properly managed.
These severe consequences can result in lasting physical complications and severe medical trauma. Those responsible for neglecting you or your loved one should be held accountable.
To prevent bedsores in residents, assisted living facilities must implement effective preventive practices, including:
Ongoing training on bedsore prevention and management is essential for staff to understand how to identify early signs of bedsores and take appropriate action.
Bedsores, or pressure ulcers, can range from mild to severe, with each stage presenting different legal considerations. A stage 1 bedsore, while concerning, may not justify legal action due to its superficial nature. However, as these sores progress to stage 2 or beyond, they become open wounds susceptible to infections and other severe complications.
Bedsores are often a sign of negligence, indicating a failure on the part of a nursing home to provide adequate care to its residents. If a nursing home’s standard of care falls below what a reasonable facility would provide, resulting in the development or worsening of bedsores, it may be held legally responsible.
If you discover that an elderly family member has developed a bedsore while under the care of a nursing home, it's important to first ensure that they are moved to a safe environment where the sore can be properly treated. This might include consulting a different doctor or transferring them to another facility.
Once their immediate health concerns are addressed, consulting with an attorney who works on bedsore malpractice cases is crucial.
Families affected by bedsore negligence may be eligible for damages that cover emotional distress, medical expenses, and reduced quality of life. Prompt legal action helps hold responsible facilities accountable and can prevent future instances of neglect.
If you suspect malpractice has contributed to a bedsore, obtaining legal assistance is critical to safeguard your loved one’s rights and well-being.
Pursuing a lawsuit for bedsores experienced in a hospital or as a result of assisted living abuse can be overwhelming.
Here is a clear guide to assist you with the process:
Should your case go to court, your legal team will present your case, argue on your behalf, and await the jury’s verdict.
When it comes to seeking justice for victims of nursing home abuse and neglect, Susan Kang Gordon, A Professional Law Corporation stands out as a formidable advocate. Our attorney has been honored as the Trial Lawyer of the Year by both the San Francisco Trial Lawyers Association in 2022 and the Ventura County Trial Lawyers Association in 2021.
The team at Susan Kang Gordon, A Professional Law Corporation frequently works on elder abuse cases. Our laser-sharp focus has allowed us to develop an unparalleled depth of knowledge and skill in this complex field of law.
We understand that issues like corporate greed and understaffing often lie at the root of nursing home abuses, and we will follow every legal avenue to hold the responsible parties fully accountable.
When you choose Susan Kang Gordon, A Professional Law Corporation, you're not just getting a lawyer; you're getting a passionate, tireless advocate who will fight for justice. Our unwavering dedication to our clients is unmatched, and we'll stand by your side every step of the way to help you pursue the maximum compensation you deserve.
