Nursing Home and Hospital Bedsores Lawyer in Los Angeles
When a loved one is placed in the care of a hospital or nursing home, we trust that they will receive attentive and professional medical treatment. The discovery of bedsores, also known as pressure ulcers or decubitus ulcers, can be a deeply distressing sign that this trust has been broken.
These painful and dangerous injuries, often not an unavoidable consequence of a medical condition but a direct result of neglect, can be prevented with proper care.
Bedsores pose a significant risk to nursing home and hospital patients, particularly those experiencing constant pressure on specific body parts. It's estimated that over 10% of nursing home residents suffer from bedsores, with half of these cases being considered severe.
Bedsores are considered to be a "never event" in medical facilities, indicating that their occurrence is typically inexcusable. Pressure sores are up to six times more likely to result in wrongful death compared to other serious conditions like cardiovascular disease and cancer.
Failure in the Standard of Care
Suppose you or a family member has developed bedsores while under the care of a medical facility; it is a serious matter. These injuries indicate a failure in the standard of care, and they can lead to severe health complications.
Vulnerable body areas to pressure sores include heels, ankles, behind the knees, back or sides of the head, hips, tailbone, lower back, elbows, and buttocks.
Several medical conditions can further exacerbate the likelihood of developing pressure ulcers, including diabetes, peripheral vascular disease, cancer, malnutrition, chronic venous insufficiency, dementia, heart failure, and kidney failure.
Patients most at risk include those who are bedridden, have limited mobility, suffer from decreased pain sensation, or spend extended periods in a wheelchair. Conditions like unconsciousness or the necessity to wear a cast for a long duration also heighten the risk.
In California, victims of this form of neglect may be eligible to file a civil claim to pursue compensation for their injuries and suffering.
At the Injury Justice Law Firm, our California personal injury attorneys have extensive experience with cases like these. We are here to support you and your loved one in seeking the justice you deserve.
Causes of Bedsores
Bedsores primarily affect patients over 60 with limited mobility, occurring more frequently in nursing homes due to chronic understaffing. This is a serious issue that requires attention.
Recent shifts in the healthcare sector have led to understaffed and undertrained nursing staff, exacerbating the problem. Bedsores are injuries to the skin and underlying tissue that result from prolonged pressure.
While patients with limited mobility are at a higher risk, these injuries are largely preventable with proper care. Common causes linked to negligence include:
- Prolonged Pressure: Not regularly repositioning a bedridden or wheelchair-bound patient is a main cause. Staff must stick to a schedule to relieve pressure on vulnerable areas.
- Poor Nutrition and Hydration: Lack of fluids, calories, protein, and nutrients weakens the skin, making it prone to damage. Facilities must ensure patients are properly nourished.
- Inadequate Hygiene: Leaving patients in soiled bedding or clothing can cause skin breakdown and infection, increasing the risk of pressure ulcers.
- Lack of Proper Assessment: Medical staff must assess a patient's bedsore risk upon admission and create a prevention plan. Neglecting this is unacceptable.
- Insufficient Staffing: Understaffed facilities may not provide enough care, leading to neglected tasks like repositioning.
Stages of Pressure Ulcers
Pressure injuries (bedsores) progress through distinct stages, each stage indicating increasing severity, such as the following:
- Stage 1. The skin remains intact but shows signs of changes in color, temperature, and texture, often resulting in discomfort and pain. The area may display persistent redness in lighter skin or discoloration in darker skin tones, indicating restricted blood flow.
- Stage 2. The pressure wound becomes more apparent as the skin breaks open, forming a shallow ulcer or blister. It may exhibit clear fluid or pus, and the surrounding area can feel warm and appear swollen.
- Stage 3. The ulcer deepens into a crater-like wound that extends through the skin into the underlying fat layer, often resulting in a noticeable odor. The damage becomes more visible, and there is a risk of infections.
- Stage 4. This stage involves deep tissue damage down to muscle, bone, or tendons. This type of bed sore is visibly serious and can lead to a serious infection. It requires immediate and intensive medical intervention to prevent further health complications.
- Unstageable Pressure Injury. This injury is described as a wound obscured by thick, dead tissue known as eschar or extensive slough, which prevents healthcare professionals from viewing the wound's base and assessing its depth. This type of injury suggests severe underlying damage and necessitates prompt and vigorous treatment.
- Deep Tissue Pressure Injury (DTPI). A DTPI is a discolored area, typically purple or maroon, on intact skin, or it may present as a blood-filled blister. It results from damage to the soft tissues beneath the skin due to sustained pressure. The affected area is often tender, has a different texture, such as firm, mushy, or boggy, and may feel warmer or cooler compared to surrounding tissues.
Possible Complications of Bedsores
What may begin as a small, reddened area of skin can quickly escalate into a serious medical crisis if left untreated. The complications arising from bedsores can be severe and even life-threatening. Possible complications include:
- Cellulitis: A serious bacterial skin infection that can cause swelling, redness, and pain. If it spreads, it can lead to severe systemic illness.
- Bone and Joint Infections: Infections from a bedsore can burrow deep into the tissue, reaching bones and joints. This can lead to conditions like osteomyelitis (bone infection) or septic arthritis, which can damage cartilage and tissue permanently.
- Sepsis: This is a life-threatening condition that occurs when the body's response to an infection triggers a chain reaction throughout the body. Bacteria from a severe bedsore can enter the bloodstream, leading to sepsis and potential organ failure.
- Cancer: In rare cases, a chronic, non-healing wound (Marjolin's ulcer) can develop into a type of aggressive squamous cell carcinoma.
- Osteomyelitis: This bone infection is often exacerbated by exposure to feces and urine, can complicate the healing of bedsores, potentially leading to sepsis and death.
- Septic arthritis: Infection from bedsores often spreads to joints, causing severe pain, redness, and swelling, which may result in permanent joint damage and reduced mobility.
- Bacteremia: Bedsores often introduce bacteria into the bloodstream, causing fever, chills, and shaking, which can lead to septic shock, organ failure, and death.
- Necrotizing fasciitis: This is known as flesh-eating bacteria, an infection that causes rapid tissue death and has a high mortality rate.
Who Can Be Held Liable?
Determining liability in a bedsore case involves identifying which party or parties failed in their duty to provide adequate care. Multiple individuals and entities can be held responsible for the neglect that led to the injury.
Parties that may be held liable in a premises liability lawsuit include:
- Nurses and Medical Aides: The frontline caregivers responsible for daily tasks like repositioning, cleaning, and monitoring the patient's skin.
- Physicians: The doctor overseeing the patient's care may be liable for failing to properly assess risk, order preventative measures, or treat the sores effectively.
- Hospitals and Nursing Homes: The institutions themselves can be held vicariously liable for the negligent actions of their employees. They may also be directly liable for systemic issues like understaffing, poor training, or inadequate policies.
Possible Damages You Can Claim
A civil lawsuit allows victims and their families to seek financial compensation, known as damages, for the harm caused by this negligence.
The goal of these damages is to compensate for the various losses suffered as a result of the injury. While every case is unique, potential damages that may be recovered in a California bedsore claim include:
- Medical Expenses: Compensation for all past and future medical treatment related to the bedsore, including hospital stays, wound care, medication, and rehabilitation.
- Pain and Suffering: Damages for the physical pain, emotional distress, and mental anguish caused by the injury and its complications.
- Disability and Disfigurement: Compensation for any long-term impairment or scarring resulting from the pressure ulcer.
- Lost Wages: If the injury prevented the victim or a family caregiver from working, they may be able to recover lost income.
- Punitive Damages: In cases where the facility's conduct is found to be particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
For more information, contact the Injury Justice Law Firm, located in Los Angeles, CA.
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