Bedsores and Neglect: Holding Nursing Homes Accountable for Preventable Injuries

Finding out that your loved one has developed bedsores while in a nursing home is a deeply concerning and heartbreaking experience. These injuries, also known as pressure ulcers, are not just a medical issue; they’re often a sign of neglect and a failure to provide the necessary care and attention that residents deserve. Bedsores in nursing homes are almost always preventable with proper care, and their presence often indicates a serious breach of duty by the facility. In fact, approximately 1 in 10 nursing home residents develop bedsores, with a significant percentage of these cases being preventable.

What are Bedsores and Why Do They Matter?

Bedsores are injuries to the skin and underlying tissue caused by prolonged pressure on the skin, restricting blood flow to the affected area. They commonly develop on bony prominences such as the heels, ankles, hips, and tailbone. Individuals with limited mobility, such as those who are bedridden or wheelchair-bound, are particularly susceptible to bedsores if they don’t receive proper care.

Bedsores progress through stages, each indicating the severity of the injury:

Stage 1: Reddened, painful skin that doesn’t turn white when pressed.
Stage 2: Blistering or open sore, possibly with visible damage to the skin.
Stage 3: The wound extends through the skin to deeper layers, causing tissue damage.
Stage 4: Severe tissue damage, exposing muscle, tendons, or bone.

Untreated bedsores can lead to serious complications, including infection, sepsis, and even death. According to a study by the Agency for Healthcare Research and Quality (AHRQ), bedsores are responsible for almost 60,000 deaths per year.

The Link Between Bedsores and Nursing Home Neglect

The development of bedsores in a nursing home setting is often a direct result of inadequate care and neglect. Nursing homes have a legal and ethical obligation to provide a safe and healthy environment for their residents, which includes taking proactive measures to prevent bedsores.

Some common examples of nursing home neglect that can lead to bedsores include:

Failure to reposition residents: Regularly repositioning bedridden or wheelchair-bound residents is crucial to prevent pressure buildup on specific areas of the body. Patients should be repositioned in their beds every 2 hours, and wheelchair patients should change positions every 15 minutes.
Lack of proper hygiene: Maintaining adequate hygiene, including regular bathing and cleaning, is essential to prevent skin breakdown and infection.
Insufficient nutrition and hydration: Proper nutrition and hydration are vital for maintaining skin health and preventing tissue damage.
Failure to monitor and address early signs of skin damage: Regular skin assessments are necessary to identify and address any early signs of bedsores before they progress to more severe stages.

Holding Nursing Homes Accountable

When a nursing home fails to provide the necessary care and a resident develops bedsores, the facility can be held accountable for their negligence. Families have several legal options to pursue justice and compensation for the harm caused to their loved ones.

Filing a Complaint with Regulatory Agencies: Families can file a formal complaint with the state’s Department of Health or the Centers for Medicare & Medicaid Services (CMS). These agencies are responsible for monitoring nursing homes and enforcing care standards.
Pursuing Civil Litigation: In cases where nursing home neglect leads to severe harm or even death, families may have grounds to file a civil lawsuit. A successful bedsore lawsuit typically relies on proving that the care facility’s negligence directly contributed to the injury. Common grounds for such lawsuits include failure to reposition, lack of proper hygiene, and insufficient nutrition.
Understanding the Legal Rights of Nursing Home Residents: Federal and state regulations give nursing home residents the right to receive adequate care that protects them from preventable injuries like pressure sores. Facilities that accept Medicare or Medicaid must comply with the Nursing Home Reform Act, which requires care plans that prevent decubitus ulcers through regular repositioning, skin assessments, and proper nutrition.

What to Do If Your Loved One Has Bedsores

If you discover that your loved one has developed bedsores while in a nursing home, it’s essential to take immediate action to protect their health and well-being.

Report the Situation: Report the bedsores to the nursing home staff and administration immediately. Document the date, time, and who you spoke with.
Seek Medical Attention: Ensure your loved one receives prompt and appropriate medical treatment for the bedsores.
Document Everything: Take photographs of the bedsores and keep detailed records of the care provided (or not provided) by the nursing home staff.
Consult with an Attorney: Contact an experienced nursing home abuse attorney to discuss your legal options and understand your rights.

Legal Recourse and Compensation

If your loved one has suffered from bedsores due to nursing home neglect, you may be entitled to compensation for various damages, including:

Medical Expenses: Costs for treating the bedsores, including hospitalizations, surgeries, medications, and ongoing wound care.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the bedsores.
Disability or Disfigurement: Damages for permanent scarring or limitations resulting from the injuries.
Loss of Enjoyment of Life: Compensation for reduced quality of life.
Wrongful Death Damages: In severe cases involving death, surviving family members may be able to recover wrongful death damages.

Preventing Bedsores: A Proactive Approach

While holding negligent nursing homes accountable is crucial, preventing bedsores in the first place is the ultimate goal. Nursing homes should implement comprehensive prevention strategies, including:

Regular Skin Assessments: Conduct frequent skin checks to identify early signs of pressure ulcers.
Repositioning Schedules: Implement and adhere to strict repositioning schedules for bedridden and wheelchair-bound residents.
Pressure-Relieving Devices: Utilize specialized mattresses, cushions, and other devices to reduce pressure on bony prominences.
Proper Nutrition and Hydration: Ensure residents receive a balanced diet and adequate fluid intake to maintain skin health.
Staff Training: Provide ongoing training to nursing home staff on proper bedsore prevention and treatment techniques.

Final Thoughts

Bedsores are a serious and often preventable problem in nursing homes. When these injuries occur due to neglect, it’s essential to hold the responsible parties accountable. By understanding the legal rights of nursing home residents and taking proactive steps to prevent bedsores, we can work together to ensure that our loved ones receive the quality care and protection they deserve.