Introduction
Prevent Bedsores are one of the growing challenges with care given in nursing homes and are often a neglected area of care. The families of residents developing bed sores are oftentimes powerless and confused of their legal options. This article seeks to lay out the legal avenues families have when nursing homes do not take necessary measure to mitigate bed sores while explaining the importance of building a medical case through simple document analysis.
Understanding Bedsores and Their Causes
What Are Bedsores?
- Definition: Bedsores are defined as the damage done to the skin and the tissues beneath it because of sustained mechanical pressure over the skin. There are certain people who are confined to bed and spend most of their time on it.
- Stages of Bedsores: Bedsores can occur in four stages starting with a mild blush and moving to tissue death and infection.
Common Causes of Bed Sores in Nursing Homes
- Neglect: Inadequate or absence of caregiving services such as regularly required repositioning for bedridden patients adds the risk of bed sore development.
- Poor Nutrition: The armament used to protect the deepest organ in the body, skin which is targeted by malnutrition, becomes weaker because of a lack sustenance.
- Inadequate Staffing: Lower than required number of caregivers and doctors leads to neglect because caregivers lack sufficient time to provide decent services.
Legal Rights of Nursing Home Residents
Assessment of Negligence
• Definition of Negligence: A nursing home may be considered negligent if the facility fails to deliver the expected standard of care and inflicts injury on the resident.
• Proof of Negligence: Families must prove that the nursing home had an obligation of care, there was a breach of duty, and injury was sustained as a consequence in order to claim negligence.
Legal Remedies Available to Families
• Allegation Submission: Family members have the right to lodge allegations with the appropriate state administrative body governing the nursing home.
• Civil Lawsuits: Family members can sue a nursing home in civil court for financial compensation pertaining to bedsores and other ailments, including medical, suffering, and emotional damages.
The Effect Medical Records Review Has On Cases
The Importance of Medical Records
• Capture of Care Provided: The medical record of each resident is an important asset that captures the care provided to residents, which includes assessment, treatment, and incidents regarding bedsores.
• Strengthening the Claim: Medical records are carefully scrutinized for intricate details that depict patterns of neglect and identify timelines of care which chronologically aids in establishing proof of negligence in court.
How Medical Record Review Services Aid in Legal Cases
• Over Consistency of Documents: Medical record review services have the capacity of ordering and summarizing patient files, aiding the attorney in faster construction of medical cases.
• Expert Analysis: These firms assist attorneys in grasping the medical consequences of bedsores by providing diagnosis and medical evidence that articulate the extent of the injuries and the damage done to the resident’s life.
Current Trends and Statistics (2024)
Recent Data on Bedsores in Nursing Homes
• Prevalence of Bedsores: Research has revealed that nearly 11% of residents in nursing homes develop bedsores, indicating a significant gap in the standards of care provided.
• Legal Outcomes: There is a trend, especially in recent years, suggesting that there is more scrutiny given legally to nursing homes for not taking the appropriate measures to prevent bedsores, as there are increasing settlements and jury awards.
Impact of Regulatory Changes:
• Increased Oversight: There are now new laws accompanying changes to existing policies that have resulted in tighter regulation of nursing homes with the intention of reducing the prevalence of bedsores and enhancing the quality of care provided.
Case Study
Case Study 1: Bedsores resulting from Neglect
Overview of the Case: A patient in a nursing home suffered from advanced neglect bedsores because of lack of routine turning, which in their case translates to not repositioning the patient timely and regularly.
Challenges: The nursing home claimed that the patient’s condition was the result of comorbidities and so they refused to take the blame.
Solutions: The attorney did a very detailed investigation into the medical histories of the family and established that there was no care that was documented that was provided to the patient which amounted to neglect. Furthermore, expert witnesses argued that there was ample evidence to support the claim that the nursing home did not meet reasonable standards of care in their file.
Case Study 2: Lax Management-Missed Care Opportunities Stemmed From Insufficient Staffing Which Led To Bedsores
Overview of The Case: Lack of sufficient care and monitoring due to understaffing led to a nursing home resident developing multiple bedsores.
Challenges: The nursing home maintained that the staffing levels were in accordance with state regulations and that the bedsores were unavoidable given the medical condition of the resident.
Solutions: The lawyer collected proof that pointed to the chronic failure of the nursing home to meet recommended staffing levels. Pertinent medical records were checked to demonstrate multiple missed opportunities for assessment and care. Testifying expert witnesses substantiated the direct causative relationship between staffing levels and the development of bedsores.
Conclusion
For the families who, unfortunately, have to deal with the situation of a patient suffering with bedsores in a nursing home, there exists a course of action to pursue legally. Knowing the causal factors of bedsores, the legal rights entitled to the patients as well as the significance of the scrutiny of medical documents equips the families to act. By filing complaints and lawsuits at a civil level, the families can ensure that the nursing homes are held accountable for neglecting their moral obligations towards care and receive the funding necessary to mitigate damage inflicted using restorative measures.
