Nursing Homes Are Liable For Bed Sores
Attorney
(866) 735-1102 Ext 645
Tags:
None
Patients in nursing homes sometimes develop decubitus ulcers. These are also referred to as pressure sores, pressure ulcers and bedsores. They are defined medically as “any lesion caused by unrelieved pressure resulting in damage of underlying tissue.”
For pressure sores to develop two factors must be present: (1) pressure exerted on the skin; and (2) time.
Pressure sores are almost always avoidable and almost always curable if treated in time.
If a decubitus ulcer is not properly treated, it will continue to fester and get longer and will eventually open a wound in the patient’s body as large as a T-bone steak and deep enough to expose the bone. A pressure sore will eventually kill the patient if not treated.
The most common occurrence of pressure sores is when patients are allowed to lie still in bed without being turned.
Federal and state law requires nursing homes ensure that any patient who enters a nursing home without pressure sores “does not develop pressure sores unless the individuals clinical condition demonstrates that they are unavoidable.” Further, that any patient having pressure sores “receives necessary treatment and services to promote healing, prevent infection and prevent new pressure sores from developing.” 42 CFR Section 483.25(c).
If a nursing home patient develops bedsores, it is almost always the fault of the nursing home.
Because pressure sores cannot develop unless the skin is exposed to unrelieved pressure, the nursing home is under a duty to relieve pressure to the skin by simply turning and repositioning the patient at least every two hours. They must also use positioning devices such as pillows and wedge cushions to maintain the patient’s position while in bed.
Pressure sores are common in nursing home patients primarily because most nursing homes are understaffed. They are not willing to hire enough people to properly care for these patients although federal and state law requires them to be adequately staffed.
Families should not tolerate pressure sores on their loved ones in nursing homes. Contact a lawyer to determine the right you have for a nursing home patient.