Bedsores

Westchester County Lawyers for Nursing Home Negligence

Bedsores are also known as pressure ulcers. They occur when skin and underlying tissue are impacted by prolonged pressure and a person who is immobile for a long time isn’t rotated or shifted to reduce the impact on a single location on the body. Bedsores often develop on areas of the body that are bony, like the tailbone and hips. If you realize a loved one has developed bedsores, it is important to take them seriously. They can be a sign of nursing home negligence. And importantly, they can worsen and cause serious, even fatal complications, such as sepsis.

If you or a loved one developed harmful bedsores and you suspect it was preventable, you should give seasoned nursing home neglect attorney Mark A. Siesel a call at The Law Office of Mark A. Siesel. You can do so by calling (914) 428-7386 or filling out the online form to schedule a free consultation.

What Are Bedsores?

It is important to be alert to the danger of bedsores if you have a loved one in a nursing home in or around White Plains or anywhere in New York, Westchester County, or the Hudson Valley. Signs of bedsores include swelling, tenderness, changes to skin color or texture, the draining of pus, and temperature changes to the skin. Nursing home residents are at particular risk of developing bedsores when they need assistance with moving and staff are not adequately trained in avoiding this possibility.

Those residents who have medical conditions that restrict their ability to shift positions or result in them spending their time in beds or chairs without moving may not get moved as often and may have disproportionate pressure placed on certain bony parts of the body as a result. For instance, if your mother uses a wheelchair, she could develop bedsores on her buttocks, tailbone, or spine, along with any area of the arm or leg that is immobile for long stretches of time against the wheelchair. If your grandfather stays in bed due to mobility issues and is not rotated, he may develop bedsores on his shoulder blade, tailbones, the back of his head or his hips.

Westchester County doctors stage bedsores by severity and depth and can be categorized as stage 1, 2, 3, or 4. At one end of the spectrum, bedsores can be mild and stage 1, but sometimes they worsen due to neglect by a nursing home or other caregiver and involve serious skin and tissue damage to muscles and bones. Bedsores that get to stage 2 are often open or blistering; they can be helped by relieving the pressure and cleaning the sore. If they are caught in time, the chances are good there will be a recovery, though it is possible recovery will be impeded by conditions like diabetes that make it harder for the afflicted person to heal.

Stage 3 and 4 bedsores are those that have gotten into deep parts of the skin or fat. At stage 4, there is a serious possibility of death. Usually, this occurs because deep bedsores can lead to necrotizing fasciitis, commonly known as flesh-eating disease. With this condition, enough tissue is consumed, often within hours, that the patient cannot survive. Bedsores can also lead to serious infections, such as gangrene and sepsis (which is an infection of the blood), which can be fatal.

If caught early, bedsores can be treated. The first and most important step in treating bedsores is relieving pressure on the affected area. This can be done by frequently repositioning the patient, at least every two hours, to ensure that pressure is not consistently placed on the same spot. Special cushions, mattresses, or pads can help distribute the pressure more evenly, giving the affected area a chance to heal.

In addition to pressure relief, bedsores should be cleaned gently with mild soap and water to avoid further irritation. Applying a sterile dressing to the wound can keep it protected from infection. For more severe bedsores, dead or infected tissue may need to be removed from the wound. Surgery may be needed to close large wounds. Treatment may include the use of antibiotics to treat any infection. Supervision is also necessary, so that any complications are caught and addressed early. In some cases, surgery and ongoing care mean patients need long-term stays in a hospital.

Throughout treatment, pain management is crucial. Bedsores can be extremely painful, so healthcare providers may need to prescribe and adjust pain medication, as needed, to ensure patients can rest comfortably.

How Can I Know Whether a Bedsore Case is a Result of Negligence?

If a bedsore was the result of nursing home negligence or the negligent or wrongful action of any party, you may have a personal injury claim. However, it can be difficult to tell. Bedsores can sometimes develop despite the best efforts of caregivers, especially in patients who are already vulnerable due to illness or immobility.

However, there are certain signs that may suggest neglect or improper care, which could potentially be grounds for further investigation:

• Lack of repositioning. One of the most important ways to prevent bedsores is by frequently changing the patient’s position if they are bedridden or in a wheelchair. For patients with some mobility, patients should be encouraged to stay mobile. Care facilities and caregivers should have clear protocols for repositioning patients, and they should have records of their efforts. A nursing home neglect attorney can secure records that determine how often a patient was repositioned.
• Severe bedsores. Bedsores take time to develop, so if a bedsore is severe or infected, it could indicate that milder bedsores were neglected or not noticed. At the very least, any serious case of bedsores should be investigated.
• Lack of proper support surfaces. For patients at high risk for bedsores, healthcare providers should use specialized mattresses, cushions, or pads that relieve pressure. If these necessary aids are not provided, or if they are used improperly, this could indicate a form of neglect.
• Poor overall care. In many cases, a bedsore can be a symptom of broader issues with the standard of care. If a facility or caregiver is consistently understaffed, overworked, or fails to provide basic daily needs, this can be a sign that neglect is playing a role in the development of bedsores.

If you are not sure whether you have a personal injury claim, you can always contact The Law Office of Mark A. Siesel for a free consultation.

Liability

Nursing home residents at high risk of developing bedsores due to their limited mobility need to be moved and checked frequently. Staff members should be prepared to move the patient frequently and should be trained to check for sores, particularly when a patient is high risk. Under New York law, nursing home residents have a private right of action under New York Public Health Law section 2801-d when they are injured because the nursing home deprived them of certain rights and benefits specified under federal and state law.

In addition to looking at whether there is a statutory claim, our attorneys will evaluate the situation to determine whether there are claims for negligence, wrongful death, and breach of contract in connection with bedsores.

Lawyers to Recover Damages From Bedsores

If our law firm can establish liability, we should be able to recover damages arising out of the injuries caused by bedsores. These are meant to make up for losses rather than punish a wrongdoer. In order to avoid paying compensatory damages under the statute, the nursing home will need to seek a finding that it used all care reasonably necessary to prevent a nursing home resident or patient’s bedsores and the worsening of them. Damages are supposed to be no less than 25% of the daily per-patient rate of payment established for the facility. When there is no established rate for payment, the figured used is the average daily total charges per patient for the facility.

Damages may include surgeries, hospitalization, medical care, emotional distress, pain and suffering, rehabilitation, and out-of-pocket costs. In some cases, a nursing home acts in an intentionally harmful or egregious manner, and in those cases, it may be appropriate to pursue punitive damages.

Consult a Seasoned Nursing Home Neglect Law Firm

If your loved one suffered bedsores or passed away from bedsores due to nursing home negligence in White Plains or any surrounding area, you should give Mark A. Siesel a call. Mr. Siesel is a fearless personal injury lawyer with over 39 years of experience. He is not afraid to take your case to trial if you are not offered a fair settlement. He represents accident victims in Brooklyn, Queens, and the Bronx, along with Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties. Contact us at (914) 428-7386 or complete our online form.