Bedsore Lawyer, NJ

Has your loved one suffered a bed sore in a Nursing Home?  If so, you should be working with Davis & Brusca, LLC – THE bedsore lawyer NJ victims depend on.  Nursing homes may tell you that bedsores “happen”.  They may try to excuse this injury by blaming the victim’s age or “comorbidities”.  Others may suggest that bedsores are a “fairly mild” injury that are easy to recover from.  None of this is true. The most common cause of Bedsores is NEGLECT – pure and simple.  These injuries are truly horrific.  They almost never happen when a person is getting quality care. 

Nursing home residents are often weak and unable to turn and reposition themselves in bed.  Such people are “at risk” for bed sores because they cannot move their bodies and offload the pressure from their skin.  Sustained, unrelieved pressure on the “same spot” for extended periods deprives the skin of blood and causes the skin to die.  THAT is a bed sore!  In short, these injuries happen when nursing home staff fail to care for their patients properly.

Bedsores are terrible in their own right.  But they can cause more significant medical problems to develop. Infections frequently develop and can prove fatal.  If you or your loved one has suffered  a bed sore in a nursing home harm, call and speak with a NJ bed sore lawyer from Davis & Brusca, LLC.  Trust our top legal team to determine the best course of action to help you and your family. 

Bedsore Injuries

Bedsores happen all too frequently in nursing homes. These vulnerable residents are often immobile or confined to a bed, have paralysis, or suffer from incontinence. Bedsores (also called pressure sores, pressure ulcers or “decubiti”) vary in severity. They form when the skin is damaged  – usually from sustained pressure, or prolonged exposure to urine or feces.  These injuries generally have signs to show when they are forming, and can be halted in their tracks with proper care.  However, when proper care is not taken, patients can be severely harmed.

The NJ bedsore lawyers at Davis & Brusca, LLC want you to understand how bed sores progress.  These injuries can pass through four (4) stages after they develop: 

• Stage 1: “Non-blanchable redness”  – This is a minor form of skin damage in which the bedsore is just beginning.  It presents as a red spot which will not “blanch” or fade to white when pressed upon.  The skin is still intact at this point.  If proper action is taken to identify and address the underlying cause, the injury can be promptly remedied at this early stage.  Nursing homes should be looking for these warning signs at multiple points in the day.  Failure to recognize this important sign is generally due to neglect. 
• Stage 2: At this stage, the skin at the site of the bedsore or ulcer is often red, and may appear to be abraded.  The upper layers of the skin may be damaged, but the deeper tissue beneath the skin is not yet exposed.  Stage two bedsores are usually capable of successful treatment, but caregivers must take prompt action. 
• Stage 3: Untreated bedsores can quickly escalate to stage three, causing the wound to penetrate the skin and expose the flesh beneath.  Fatty tissue and muscle beneath the skin become visible.  
• Stage 4: The most severe form of bedsores, often at this stage the muscles and tendons may suffer significant damage. Stage four bed sores may even result in the bone being exposed. Significant infections, including osteomyelitis, frequently occur with this severe injury.

It’s critical to treat bedsores immediately in order to prevent further damage. Bedsores are a preventable consequence of immobility.  Nursing homes must take preventative measures to mitigate  the risk of developing bedsores.  When they fail, the NJ bedsore lawyers at Davis & Brusca, LLC can pursue a claim for damages.

Severe bedsores should be treated as a medical emergency.  The Nursing Home must administer treatment immediately. Failure to treat bedsores can result in bone and tissue infections, sepsis and death.  It is generally accepted that a person with a pressure injury has a 2-6 times greater mortality risk than someone with intact skin. Further, as pressure injuries are recognized as a “quality indicator” in acute and post-acute care (meaning they fact that they occur signifies poor “quality” care), correct assessment is vital for both treating the ulcer and reimbursement considerations (incorrect assessment of a pressure injury can change outcome expectations, ultimately affecting reimbursement).

Reasons a NJ Bedsore Lawyer is Imperative

The root cause of bedsores and subsequent damages in nursing homes is generally negligence by the nursing home’s administration and other staff.  The experienced NJ bedsore lawyers at Davis & Brusca can help bed sore victims and their families receive compensation for these horrific injuries.  If you or your loved one suffered a bed sore or otherwise suspect nursing home negligence, our lawyers can play a critical role in: 

• Determining whether negligence is present and provable
• Determining fair value for the specific facts of the case
• Holding responsible parties accountable
• Negotiating with the opposing side
• Helping victims understand and prepare for each step of the legal process

Common Causes of Bedsores

The legal team at Davis & Brusca are proud to be the bedsore lawyer NJ trusts.  Our experienced team knows how bedsores impact the health and quality of life of nursing home patients. Bedsores can be incredibly painful.  Depending on where they are located, victims may resist turning and other treatment measures due to their pain. A minor bedsore can also progress and develop into a  more serious injury if the victim is denied proper care.  A number of different factors can contributed to bedsores.  Each person’s risk factors must be addressed through an individualized care plan.  Some elderly patients have thin and fragile skin.  Some have greater needs for physical assistance to move.  Some are incontinent and need to be checked on regularly to ensure they are kept clean, dry and free from skin irritation/breakdown.  Bedsores can develop easily if a patient is not given proper care. 

The following forms of neglect are the most frequent causes of bedsores our lawyer see:

• Failing to reposition a patient with enough frequency:  If a patient is not repositioned with sufficient frequency, or properly, they can develop bedsores quickly. Nursing home staff must turn a patient so that they are not lying or sitting on one side or part of their body for too long. 
• Failing to address continence:  All people need to be kept clean and dry.  This is not only a basic right of dignity, but it is essential to the health of the skin.  Prolonged exposure to moisture, bodily fluids and feces, will irritate the skin and break down it outer layers, making it more susceptible to damage.  Nursing homes are frequently understaffed.  One of the most common complaints voiced by residents is that the staff don’t respond to the call bell.  Being left to sit in soiled linens or diapers is a common root cause for pressure injuries. 
• Failing to properly position a patient and/or use additional pressure relief devices: Offloading pressure involves more than turning frequency.  Patients need to be moved at least 30 degrees when they are turned in order for the pressure relief to be sufficient.  Further, depending on the patient’s specific issues (pain, contractures, etc.), custom wedges or other positioning devices may be needed to keep them in position once they have been offloaded.  Others may need special support surfaces, such as air-fluidized mattresses, Roho cushions, etc., to provide supplemental pressure relief.  If positioning and pressure relief is not addressed fully and correctly, the patient can suffer a bedsore. 

In most cases, bedsores are an easily preventable injury. When a bedsore does occur, it generally means that the nursing home has neglected the needs of the patient, as Davis & Brusca, your NJ bedsore lawyer, can attest.  

What To Do If Your Loved One Has a Bedsore 

If your loved one has a bedsore, do not disregard it.  Document it right away through photographs.  Talk with the doctors and the director of nursing at the facility.  Demand a care conference to find out what is being done.  And, because there is a significant chance that your loved one is being neglected, call a top NJ Bed Sore lawyer, like Davis & Brusca, LLC immediately. 

To learn more about the services our bedsore lawyer from Davis & Brusca, LLC provides clients, schedule a consultation as soon as possible!

References:

Perry D, Borchert K, Burke S, Chick K, Kraft W, Patel B, Thompson S. Institute for Clinical Symptoms Improvement. Pressure Ulcer Prevention and Treatment Protocol. Updated January 2012.

Doughty D, Junkin J, Kurz P, et al. Incontinence-Associated Dermatitis: Consensus Statements, Evidence-Based Guidelines for Prevention and Treatment, and Current Challenges. Journal of Wound, Ostomy and Continence Nursing, May/June 2012. Vol 3; No. 3; Pgs 303-315.

National Quality Forum (NQF), Serious Reportable Events in Healthcare–2011 Update: A Consensus Report, Washington, DC: NQF; 2011.

RL Soultions Whitepaper: CMS Never Events: Research Report — Exploring the connection between tracking near misses, organizational learning and reducing never events in healthcare organizations