BEDSORE HOTLINE SHEET:
A. Legal Information
B. Medical Information
C. Treatment Methods
A. Legal: Bedsore or pressure sore lawsuit information
Bedsores are 100% preventable
COVID-19 (or its variants) are NOT an excuse or exception for the neglect that causes these wounds.
Federal laws are in place to protect patients at hospitals, nursing homes and medical facilities.
A victim or family of a victim may pursue a lawsuit regardless of what the hospital, healthcare facility or administrators say is the cause.
Lawsuits may be filed by the family for loved ones who have died.
Lawsuits may result from institutional or individual medical malpractice, abuse or negligence.
Your Legal Rights:
You may be able to sue for and recover a monetary award from new injuries and problems caused by the old ones caused by bedsores or pressure ulcers.
The defendants insurance company may ask you for a specific information including a statement describing the appearance of bedsores and treatment. They may even wish to record this statement claiming they only want to help you resolve this. Remember you have no obligation to give them such a statement, nor is it wise to do so.
The defendant’s insurance company will ask you for authorizations to obtain medical records. Let your attorney release your records after he or she has reviewed them. It’s best not to offer information by yourself.
It is very common for some insurance companies to make an offer of money to settle the case before you contact an attorney. In this situation the insurance company knows they will have to pay out money. By offering you money in advance, they hope to settle the claim before you hire an attorney who can negotiate and demand a higher amount. Always consult an attorney if an insurance company is offering you money. In addition, you may be approached by the hospital or nursing home settle the case on your own, only to find out 6 months later you have more serious conditions than first thought, and you will have forfeited your rights to recover additional money. That is why it is so important to contact an experienced bedsore attorney before you sign anything.
If the injuries are severe enough that surgery is warranted, it is important to go forward with that before you settle your pressure sore or bedsore lawsuit.
Often bedsore cases can be settled out of court to your benefit. David Crawford and his team will evaluate each claim and decide the best route to take with you and your situation in mind. His years of experience, passion for his clients’ situations and understanding of the law allow him to know which cases can settle and which must go to trial.
B. Medical Information:
Bedsores or Pressure sores, also known as pressure ulcers, are areas of damage to the skin and underlying tissue caused by constant pressure or friction. They are often referred to as bedsores because they occur from people who are confirmed to a bed, usually lying in one spot for long periods of time. However, this type of skin damage can develop quickly in anyone with reduced mobility, such as older people or those confined to a bed or chair without proper treatment. The sores can be difficult to treat and can lead to serious complications. It is important to note that they are 100% preventable by caretakers.
Prevention includes regular position changes, good hygiene and skin care, and a healthy diet. The skin over bony areas such as the heels, elbows, the back of the head and the tailbone (coccyx) is particularly at risk. Lack of adequate blood flow can cause the affected tissue to die if left untreated.
Grades of pressure sores
Pressure sores are graded to four levels, including:
• Grade I
– skin discoloration, usually red, blue, purple or black
• Grade II
– some skin loss or damage involving the top skin layers
• Grade III
– damage to the skin, limited to the skin layers
• Grade IV
– damage to the skin and underlying structures, such as tendon, joint or bone.
Complications of pressure sores
Untreated pressure sores can lead to a wide variety of secondary conditions, including:
Sepsis (bacteria entering the bloodstream)
Cellulitis (inflammation of body tissue, causing swelling and redness)
Bone and joint infections
Abscess (a collection of pus).
Death – left untreated, the person can die from the infection
Prevention of pressure sores
Hospitals and nursing homes and other medical facilities are required by law to provide proper care that would prevent pressure sores and bedsores.
To prevent skin damage, you need to relieve the pressure, reduce the time that pressure is applied and improve skin quality.
Develop a plan that the person under your care, and any other caregivers, can follow. This plan will include position changes, supportive devices, daily skin care, a nutritious diet and supportive lifestyle changes. A routine nursing assessment is required for people at high risk of pressure sores.
Pillows or cushions may be used as soft buffers between the skin and the bed or chair.
People who use a wheelchair should shift positions within their chair about every 15 minutes.
People who spend most of their time in bed are advised to change position at least once every two hours, even during the night, and to avoid lying directly on their hipbones. If they are unable to do so themselves, caretakers must see to their needs and shift their bodies so that they are not lying in the same position.
Good hygiene must be practiced such as baths or other types of cleaning
Daily skin care for preventing pressure sores
Strategies to assist prevention include:
• Check the skin at least daily for redness or signs of discoloration.
• Keep the skin clean and maintain the right moisture level. Skin damage is more likely to occur if skin is either
too dry or too moist.
• Use moisturizing products to keep skin supple and prevent dryness.
• Never massage bony areas because the skin is too delicate.
• Make sure the person eats a healthy and nutritious diet.
• Maintain activity levels, where appropriate.
• Make sure the person quits smoking.
Warning signs of pressure sores
• Red/purple/blue, torn or swollen skin, especially over bony areas
• Signs of infection, such as skin warmth, swelling, cracks, calluses, and wrinkles.
C. Treatment
There are a variety of treatments available to manage pressure sores and promote healing,depending on the severity of the pressure sore. These include:
• Regular position changes
• Special mattresses, cushions or beds that reduce pressure
• Dressings to keep the sore moist and the surrounding skin dry
• Light packing of any empty skin spaces with dressings to help prevent infection
• Regular cleaning with appropriate solutions, depending on what stage the sore is at
• Specific drugs and chemicals applied to the area, if an infection persists
• Surgery to close the wound, using skin grafts if necessary
• A physician specializing in wound care
• Continuing supportive lifestyle habits such as eating a healthy and nutritious diet.
Questions to help you:
When did the pressure sore first appear?
What is the degree of pain?
Have you had pressure sores in the past?
How were they managed, and what was the outcome of treatment?
What kind of care assistance is available to you?
What is your routine for changing positions?
What medical conditions have you been diagnosed with, and what is your current treatment?
What is your normal daily diet?
How much water and other fluids do you drink each day?
Did anyone from the hospital or nursing home remark about the sores?
Were you given immediate attention?
Things to remember
• Bedsores for nursing home residents or hospital patients should NEVER happen with proper care. They are not the fault of the patient. The patient is the victim and has legal rights and may pursue a lawsuit regardless of what the hospital or nursing home says is the cause.
• Pressure sores can be difficult to treat. Get immediate medical attention.
• Proceeding with a lawsuit may improve your medical care and attention as facilities now know they are being watched and held accountable for their actions.
• Do not delay medical or legal attention.
