California Elder Law Attorney Blog

Pressure ulcers, commonly called bed sores, and decubitus ulcers are wounds that develop on the skin from staying in one position without shifting your weight. indicates California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

People who have just had surgery and aren't able to get out of bed, for example, may acquire a pressure ulcer because the constant weight on the affected area decreases blood supply, killing affected tissue.
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The U.S. National Library of Medicine
says the following conditions may foster pressure ulcers.:

* Being unable to get out of bed, or being confined to a wheelchair
.
* Developing skin wounds easily, or having a chronic condition that affects blood circulation.
* Being unable to move parts of the body without assistance due to injury or illness.
* Being malnourished.
* Being mentally impaired or having dementia.
* Being older or incontinent.

Continue reading "What Causes Bed Sores, Pressure Sores and Decubitus Ulcers?" »

California State regulators have imposed an $80,000 fine on a Carmichael nursing home in the death of an elderly woman in 2008 says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

The California Department of Public Health this week issued a Class AA citation, the most severe penalty possible, against Walnut Whitney Care Center for violations that investigators said contributed to the death of an 86-year-old patient.

The unidentified woman went to the facility in March 2008 after suffering a fall and fracturing a vertebra in her back, the department's report says. Five weeks later, she was admitted to a hospital emergency room in septic shock and died during the night.

Regulators said the woman's caretakers at Walnut Whitney failed to properly monitor her for a urinary tract infection and dehydration, and to provide her with necessary fluids.

Walnut Whitney is owned by Horizon West Healthcare of Rocklin, which a Sacramento jury in March found guilty of elder abuse in the death of a former resident of Colonial Healthcare in Auburn. Jurors awarded $29.1 million in damages in that case.

Dan Niccum, a spokesman for Walnut Whitney, said the facility has conducted an internal investigation and intends to challenge the state's findings in court.

In the meantime, he said, the facility has launched programs to improve training and communication between caregivers and patients.

Continue reading "California Nursing Home Fined $ 80,000.00 By the California Department of Health" »

The family of a man who died after ninedays in a Madisonville nursing home has won a $42.75 million verdict.

Plaintiff's attorney successfully argued in court that a 92-year-old elder died because Harborside of Madisonville staff neglected him. She said the elder suffered severe dehydration,malnutrition, bedsores and infections, all of which lead to his
death in April 2008 says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

Plaintiff's attorney told newspapers that the Elder victim was a World War II veteran who was still planting crops at age 88. After a stroke in 2007, his wife of 58 years, Pearline, cared for him at home for eight months before the family decided he needed professional care.

The Nursing home administrator told newspapers that the size of the verdict $42.75m was "outrageous and totally inappropriate." She said the company would appeal.

Continue reading "Jury Awards Verdict of $42.75 million In Nursing Home Abuse and Neglect Case" »

According to an article in Nursing Home Neglect and Abuse.org, any number of these signs be cause for concern for Nursing Home Abuse and Neglect:

1.) Unexplained signs of injury like bruises, scratches, scars or welts.
2.) Broken bones, sprains or dislocations
3.) Broken eyeglasses or frames
4.) Drug overdose or evident failure to take medication
5.) Signs of being restrained like rope marks on wrists
6.) Caregiver refuses to let the elder see you alone
7.) Behavior from the elder that imitates dementia like sucking, rocking or mumbling to oneself
8.) Unexplained weight loss, malnutrition and dehydration
9.) Untreated physical problems like bed sores
10.) Being left dirty or unbathed, dirty finger nails, hair looks greasy
11.) Unsanitary living conditions
12.) Unsuitable clothing for the weather

If you do see things things, speak immediately to the administrator, the director of nursing and find out who or what entity controls the Nursing Home and / or Long Term Care Facility.

Continue reading "What Are The Pertinent Signs Of Nursing Home Abuse and Neglect?" »

Pressure ulcers, commonly called bed sores, are wounds that develop on the skin from staying in one position without shifting your weight.

People who have just had surgery and aren't able to get out of bed, for example, may acquire a pressure ulcer because the constant weight on the affected area decreases blood supply, killing affected tissue.

The U.S. National Library of Medicine says the following conditions may foster pressure ulcers.:

* Being unable to get out of bed, or being confined to a wheelchair.
* Developing skin wounds easily, or having a chronic condition that affects blood circulation.
* Being unable to move parts of the body without assistance due to injury or illness.
* Being malnourished.
* Being mentally impaired or having dementia.
* Being older or incontinent.

Continue reading "What Causes Bed Sores, Pressure Sores & Decubitus Ulcers?" »

Stage III/IV pressure ulcers are serious wounds that are very expensive to treat, some cases costing upwards of $70,000. Not only has CMS refused to pay for the treatment of these events, private insurers have followed suit as well. Additionally, hospitals are prohibited from passing the costs on to the patients of their families.

Compounding the high costs, late stage Bed sores, pressure sores and decubitus ulcers occur relatively frequently. The National Pressure Ulcer Prevalence Survey showed that late stage bed sores, pressure soresd, and decubitus ulcers occurred in approximately 0.65% of all patients in US acute care hospitals on average.

Are Bed Sores, Pressure Sores and Decubitus Ulcers 100% Preventable?

The source of the controversy is from the concept that some experts believe that not all bed sores, pressudecubitus ulcers are preventable, regardless of the usage of best practices and technology. In the long term care setting, CMS states, "a resident who enters the facility without pressure sores [must] not develop pressure sores unless the individual's clinical condition demonstrates that they were unavoidable."

According to CMS, "unavoidable" means: "the resident developed a bed sore, pressure sore or a pressure ulcer even though the facility had evaluated the resident's clinical condition and pressure ulcer risk factors; defined and implemented interventions that are consistent with resident needs, goals, and recognized standards of practice; monitored and evaluated the impact of interventions; and revised the approaches as appropriate."

Obviously, this seems to conflict with CMS's policy regarding reimbursement of never event bed sore, pressure sores and decubitus ulcers. However it must be noted that this ruling is for long term care facilities, and it may well be that CMS is holding acute care facilities to a higher standard of care.

Incidentally, should CMS decide to change its stance on bed sores, pressure sores anddecubitus ulcers in acute care hospitals, there is a good chance it will place the burden of proof regarding the avoidability of a bed sore, pressure sore or a decubitus ulcer incident on the hospitals.

Regardless of the setting, experts agree that bed sores, pressure sores, and decubitus ulcer prevalence can be reduced significantly using best practices and technology. Also, although experts disagree on the topic of unavoidable pressure ulcers, most agree that they are very rare if they exist.

Continue reading "Bed Sores, Pressure Sores and Decubitus Ulcers Are Most Likely Avoidable Conditions" »

Bedsores, also called pressure sores or pressure ulcers, are a common problem for people who are trapped in the same position for extended periods of time. This includes the disabled as well as the elderly. and the bedridden Frustratingly, bedsores, pressure sores and decubitus ulcers are a dangerous condition that can form quickly and are usuallyare difficult to heal.

First, anyone is at risk for developing pressure sores, bed sores and decubitus ulcers, are usually the elderly, bedridden, and those in wheel chairs.

Bedsores occur when a certain position or article of clothing cuts off the circulation to a small area of your body. Over time, prolonged loss of circulation can cause parts of your body to itch and hurt, as well as feel warm, spongy, or firm to the touch. If this area continues to suffer from a lack of fresh blood and oxygen, it can look like a blister that turns into a crater-like sore. The damage caused by the pressure sore can extend as deep as the bone.

If left untreated, the deep damage caused by the bed sores, pressure ulcers ,and decubitus ulcers can result in long-term health complications. You can develop cellulitis, or an infection of your body's connective tissue. If the bed sore, pressure sores or decubitus ulcer reaches your bones, it can lead to bone and joint infections like osteomyelitis or septic arthritis, respectively. Should bacteria enter your body through the bedsore, you may endure sepsis, or a bacterial infection of the bloodstream cuasing severe pain and death.

Bedsores are a major concern in nursing homes as elderly residents may be wheelchair-bound or bedridden. It is the responsibility of the nursing home staff to regularly help reposition the residents so that they do not develop pressure ulcers.

Continue reading "Bed Sores, Pressure Sores and Decubitus Ulcers Are Caused By a Lack Of Repositioning And May Be Fatal" »

Last year, the Centers for Medicare and Medicaid Services announced that it will cease reimbursement for hospital care of eight reasonably preventable conditions - including pressure ulcers, bed sore aka decubitus ulcers - in October 2008.

Which is understandable, since the number of hospital patients develop pressure ulcers, bed sores and decubitus ulcers year increased by 63% over the last 10 and nearly 60,000 deaths annually from hospital-acquired bed sores, pressure sores and decubitus ulcers.

But this is not the only victim. According to the Agency for Healthcare Research and Quality, the average length of stay for patients hospitalized for treatment of Hospital-acquired pressure ulcers, bed sores and decubitus ulcers was 13 days, each with an average cost of $ 37,500 U.S. dollars stay.

If a patient is immobile bedridden or has difficulty moving after surgery or procedures, the minimum friction burns with blankets, wheelchairs or other areas can quickly become established in pressure ulcers. One problem is that pressure ulcers, bed sores and decubitus ulcers can be initially difficult to see that look sometimes seen as nothing more than a pink or red spot on inaccessible areas such as skin creases or bony.

And if they occur, complications such as infection can bone, blood and skin to develop rapidly. Not only patients who suffer;but that hospitals - the treatment of pressure ulcers often costs more funding and staff hours of the measures could have prevented. not amount to taking into consideration the cost of litigation hospitals and nursing homes can face, for the implementation of their patients at risk for developing pressure ulcers.

So what can we do? We need to put the medicine in a proactive way to work through the transformation of our core protocols in prevention programs for pressure sores, bed sores and decubitus ulcers.

Continue reading "Medicare To Cease Reimbursement for Bed Sores, Pressure Sores and Decubitus Ulcers" »

Like many cases involving bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers) the nursing homes main argument is usually that the patients wounds were 'unavoidable'.

While there may be a limited number of circumstances where skin-breakdown occurs despite the implementation of all feasible preventative measures--- most cases of bed sores simply result from downright neglect andfaulty care-- the facility simply not doing its job in caring for the patients says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

Continue reading "Bed Sores, Pressure Sores and Decubitus Ulcers Are Rarely If Ever Unavoidable" »

Decubitus ulcers or bedsores can be a serious condition, especially for the elderly patient. According to The Peck Law Group, prevention, treatment and a dermatologist's early involvement offer the best combination for a positive outcome.

Dermatologists should be involved on multiple levels in the prevention and treatment of decubitus ulcers in the older patient,

The dermatologists' role is in skin integrity, treatment and prevention of infection, and identification of ulcers that might be related to malignancy or things other than pressure, Sometimes, the dermatologist is the only one who can distinguish a pressure ulcer from something else says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

The incidence of decubitus ulcers.bedsores, and pressure sores in the elderly population has risen, most likely because the senior population has grown, with multiple medical problems complicating their lives,elder abuse attorney Peck states.

At highest risk among the elderly are those who are immobile and those who are malnourished. While bedsores can be healed, they can also be fatal if left untreated or diagnosed in a late stage. Early and accurate diagnosis, preferably by a dermatologist is typically warranted.

A recent study found the incidence of pressure ulcers in the nursing home environment ranges from 3 to 25 percent. Seniors admitted to acute care hospitals for nonelective procedures such as hip replacement and treatment of fractures were at even greater risk, with an incidence of 66 percent.

Even non-hospitalized seniors are at risk for bedsores. The pressure from sitting or lying in one position for long periods of time may initially cause an area of redness of the skin.

Some clinicians may see this as just a red area, but a dermatologist might diagnose it as a stage I ulcer or a precursor to an ulcer Elder Law Attorney Steven Peck says.

How are you able to know if your loved one is being neglected in a nursing home?

When you go to visit, everything appears fine, but your loved one is unable to express his/her ache to you in words. Each time a nurses aide is available directly into attend to your loved one, you noticed a big sore on the aspect of their leg. When you query it, the nurses aide statements that it is noting but a simple sore. What you come about to be actually looking at are evidence of neglect says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

A decubitus ulcer is commonly acknowledged like a bed sore. A decubitus ulcer are often a simple red or pink mark on the skin or it are often as terrible like a very deep sore that reaches into the bone or inner organ. they are caused by prolonged pressure on a unique aspect of the body system and therefore are seen on patients who are bedridden (Thus the name, bed sore).

Most nursing services possess a policy to change bedridden patients the moment in time almost every two hrs like a way to halt decubitus ulcers from forming. If your loved one has these decubitus ulcers, also known as bed sores then they are not being turned in the bed as regularly as necessary and this generally is Neglect in a nursing home.

These Bed Sores, Pressure Sores and decubitus ulcers can cause further complications, which include passing away if not treated. Therefore, if you actually have seen Bed Sores, Pressure Sores and decubitus ulcers on your loved one, ensure that you immediately consult using the doctors and nurses in the facility. when their responsibility falls short and they fail react or offer you a reasonable answer to why there are Bed Sores, Pressure Sores and decubitus ulcers on your loved one, then ensure that you consider filing a a complaint for nursing house neglect says Peck law Group Elder Abuse Attorney Steven C. Peck.

The Bed Sore, Pressure Sore and decubitus ulcer could be very painful. So, your loved one might probably be in serious jeopardy and unable to express their pain. They might probably be crying for help, but no one is listening. this is neglect. No one should have to endure the ache of Bed Sore, Pressure Sore and decubitus ulcer. Turning or repositioning your loved one almost every two hrs will prevent these ulcers from forming.
It is true that decubitus ulcers are considered preventable plus the development of decubitus ulcers is evidence of some kind of neglect. Many paralyzed or terminal individuals with very poor nourishment are often zero cost of those ulcers. This are often achieved by good patient care.

Continue reading "How Do You Know When Your Loved One Is Being Neglected and / or Abused In A Nursing Home?" »

Risk management in hospitals now has to include what insurers refer to as preventable conditions such as bedsores and since October 2008 have refused to reimburse hospitals for the treatment of this ailment.

The number of patients suffering from bedsores has increased dramatically in recent years. The focus seems to be on treating bed sores and ulcers rather than preventing them. This is a problematic situation because doctors are concerned with alleviating the pain and avoiding secondary infections, rather than preventing these things from happening.

One of the best ways to avoid things like Bedsores, Pressure Sores and Decubitus Ulcers from occurring is solve the problem by instituting prevention techniques says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

Because hospitals are large institutions, and like many institutions make a lot of mistakes, most of them have their own risk analysis department. These mistakes can result in expensive court cases as well as patient injury and/or death. As soon as the hospital authorities realize that a mistake has been made they will flag your patient file because of a possible legal case indicates Elder Abuse Lawyer Peck.

Continue reading "Bedsores, Pressure Sores and Decubitus Ulcers Are Preventable Conditions" »