Bedsores, Pressure Sores, Decubitus Ulcers

Pressure Ulcers Claim Resident’s Life—Nursing Home Sued for Negligence

January 15, 2010 | Lebowitz & Mzhen

In a recent article discussing decubitus ulcers, a leading cause of nursing home injury and death in this country affecting nearly one million Americans every year, our Maryland-based attorneys from Lebowitz and Mzhen Personal Injury Lawyers have read about another tragic case, where a resident of a nursing home developed multiple non-healing pressure ulcers that allegedly lead to his death.

According to the lawsuit, Edwin Ley developed multiple pressure sores or decubitus ulcers while staying in Collinsville Rehabilitation and Health Care, that developed on his buttocks, feet, elbows and coccyx. Ley reportedly died from the complications of these sores and from severe malnourishment and neglect while being a patient at the center from December 4, 2007 through January 23, 2008.

When a nursing home resident rests for too long in one position without shifting weight, the resident’s blood supply to the skin is cut off, due to unrelieved pressure. The skin then begins to breaks down, and causes decubitus ulcers to form.

The suit was filed by Dorothy Ley, special administrator for Ley’s estate, and she states in the complaint that Ley’s condition deteriorated to such an extreme state that he was sent to the emergency room and diagnosed with dehydration and pressure ulcers. Edwin Ley died on June 10, 2008 from his condition, and according to the suit, in the months before his death, he suffered pain, disability, medical costs, and disfigurement.

Nursing Homes and Operator Admit to Fraud and Negligence in 1.6 Million Settlement

January 8, 2010 | Lebowitz & Mzhen

Our nursing home abuse and neglect lawyers in Maryland and the Washington D.C. area have been following the news of a lawsuit settlement announced yesterday between five Missouri-based nursing homes, the operator of the homes, and federal prosecutors. The homes were charged with severe negligence, inadequate care, lack of staffing, and complaints of fraud.

The five nursing homes are all operated by Cathedral Rock of Texas, but are located in Missouri. According to the Star-Telegram, the nursing home company acted with severe nursing home neglect, by leaving nursing home residents’ skin sores untreated for so long that they became infested with maggots and amputations were necessary. The staff was also accused of not bathing, feeding, or providing the proper bathroom accommodations for the nursing home residents.

In the plea agreements, the company admitted that the homes were not equipped with enough staff to provide adequate nursing home care and that residents often did not receive required medication or proper wound care treatment. The company also admitted to doctoring the medical records to give the appearance that all patient medications had been administered, regardless of whether they had been given or not. The nursing home was also charged with cheating Medicare and Missouri Medicaid, by submitting fraudulent claims for services that weren’t provided or were of no value.

Cathedral Rock of Texas pleaded guilty to felony health care fraud, and C. Kent Harrington, a majority owner in Forth Worth, entered a plea agreement that will require him to pay, along with Cathedral Rock, $1 million in criminal fines. Harrington and the nursing home company must also pay $628,000 to resolve civil allegations of fraudulent claims made to Medicare and Missouri Medicaid, as well as implement programs that protect nursing home residents from abuse and neglect in the future.

Wrongful Death Lawsuit Accuses Nursing Home of Bedsore Negligence

December 30, 2009 | Lebowitz & Mzhen

As Maryland Nursing Home Negligence and Abuse Attorneys, we have been following the recent lawsuit filed against Caseyville Nursing and Rehabilitation Center—where a nursing home resident died after the staff at the center allegedly neglected to treat her multiple bedsores while she was a resident at the facility.

According to the lawsuit, Theresa Steiner was admitted to the nursing and rehabilitation center as a patient on December 12, 2008. She entered the home with pre-existing decubitus ulcers, or pressure sores— three on her buttocks that were stage II, and pressure sores that had developed on both heels after staying for a week at Anderson Hospital for abdominal bleeding.

One week later, Steiner’s buttock ulcers had developed into stage IV bedsores, there were multiple sores on her heels, and she had developed sepsis, one of the greatest dangers of an advanced pressure sore—when bacteria enters the bloodstream and spreads throughout your body. Sepsis is a potentially lethal condition that progresses quickly and can cause organ failure.

Steiner was taken to the hospital on December 19, 2008, and died on January 7, 2009 from sepsis and acute respiratory failure. Steiner’s son accuses the center of nursing home negligence—for failing to screen his mother bedsores properly before entry, for properly treating the bedsores, and for failing to alert Steiner’s doctor on the seriousness of her the bedsores to prevent further deterioration. According to the suit, the facility did not have a nurse on staff that specialized in wound care, and who was properly trained in treating pressure sores.

Top Ten Important Considerations for Choosing a Nursing Home

December 10, 2009 | Lebowitz & Mzhen

A recent report that our nursing home abuse and neglect attorneys have been following gives an expert recommended list of ten top considerations for choosing nursing home care.

• Discuss with the resident what their goals and expectations are proactively, before the resident goes into the home. Also discuss the diagnosis with health-care providers to determine what kind of care is needed: from a nursing facility, to community based-care, long-term care, or other possible institution options.

• Always start looking for an establishment that is close to family and friends, so visitation is easy and accessible.

• Search the Nursing Home Compare Website, which lists Medicare-and Medicaid certified facilities with Five-Star ratings that compare national quality standards on short-term as well as long-term care.

• Always meet with the administrator, to discuss care planning, safety systems, wander alerts, specialized services, policies and the cost. Also ask about policies on physical and chemical restraints, as well as the nursing facilities’ history of bedsores or decubitus ulcers.

• Visit the home at least twice to check the level of care—both at busy times, as well as times when the staff is less busy. Try to witness the level of care during mealtimes, as well as early evenings, or just before a staff shift change.

Jury Finds Nursing Home Negligent in Resident’s Death

December 4, 2009 | Lebowitz & Mzhen

As Maryland Nursing Home Neglect Attorneys, we have been following the recent nursing home neglect case ruling against Rosewood Care Center on behalf of Catherine Taylor, a patient who died in 2004 at the age of 88 from bed sore complications during her stay at the Illinois facility.

Taylor was a resident of Rosewood Care Center, in July and August of 2004, and was taken to Provena Saint Joseph Medical Center in August for a treatment to remove bedsores and treat bone infections that developed, according to the suit, as a result of being confined to her bed without proper nursing home care. She had allegedly developed a bedsore on her backside that was the size of a fist, and died in December 2004 at the age of 88 from complications of the bedsore infection.

On Monday of this week, a jury ruled against Rosewood Care Center, and awarded the family of Catherine Taylor $51,000 in damages. The center is also responsible for covering all attorney fees over the past five years of the lawsuit.

Bedsores, also known as decubitus ulcers or pressure sores, are a major problem in nursing homes, causing injury and death to nearly one million Americans every year. When residents are left sitting or lying in the same position for long periods of time, the skin starts to break down, causing pressure sores which can lead to bone infections, or osteomyelitis—an inflammation of the bones caused by a bacteria that enters the body through the wound and attacks the bone. Once the bone becomes infected, an abscess can develop, resulting in the loss of blood supply that hinders the natural healing ability of the body.

Osteomyelitis can be treated with antibiotics, yet some cases require surgery to remove the dead tissue, bone, and fluid from the area around the bed sore with a scalpel, so the skin can heal. The mortality rate reported for residents with osteomyelitis is extremely high.

Nursing Home Injury and Wrongful Death from Decubitus Ulcer Complications

November 6, 2009 | Lebowitz & Mzhen

In a previous post from this week, our Maryland Nursing Home Abuse and Neglect Lawyers discussed the serious problem of Decubitus ulcers in nursing homes—pressure sores or bedsores that develop when immobile residents go for too long without being moved.

If a decubitus ulcer is not detected, the nursing home injury can become infected and progress to a more advanced stage, causing extensive damage to the deeper structures under the skin. These infections are often very difficult and painful for nursing home residents, as they take a long time to heal, and can cause complications, or even death.

One serious complication that comes from pressure sores is blood poisoning, or septicemia. Many residents also develop osteomyelitis, an inflammation of the bones that is caused by bacteria that enters the body through the open wound and attacks the bone. If not treated, osteomyelitis can spread into the bone marrow and the surrounding joints. The mortality rate for people with osteomyelitis is extremely high.

Treatment of serious decubitus ulcers may include drying out the wound, or surgical debridement, where a surgeon uses a scalpel to remove the dead tissue, bone and fluid from the area around the bedsore, and administers systemic antibiotics to the resident.

Surgical debridement of the bedsore can also be accompanied by ‘flap reconstruction’ to cover the open wound with healthy tissue to avoid infection. The surgery is done to make sure that the skin is free of dead or damaged tissue, to promote healing. This reconstruction is considered a last resort in cases involving advanced stage bedsores, as it has an extremely high complication rate, and recovery from the procedure is often slow and painful.

The Risk of Decubitus Ulcers—Resident Abuse and Negligence in Nursing Homes

November 4, 2009 | Lebowitz & Mzhen

Decubitus ulcers, also known as bedsores or pressure sores, are a serious problem in nursing homes today—a leading cause of nursing home injury that affects nearly one million Americans every year. Decubitus ulcers develop when the blood supply to a resident’s skin is cut off, due to unrelieved pressure on the skin, from staying too long in one position without movement or shifting weight.

All stages of decubitus ulcers are preventable, as long as nursing home residents are provided with appropriate care. Elderly residents in nursing homes who are immobile or confined to wheelchairs are some of the most vulnerable to pressure ulcers, and the frequency of these sores can be seen as an indicator of the quality of care in many nursing home facilities. Many advanced decubitus ulcer cases are often the result of nursing home abuse and neglect, and can end in wrongful death.

According to data from the National Nursing Survey from 2004, one out of ten nursing home residents in this country have pressure sores. Of the study’s 1.5 million nursing home residents evaluated, 159,000, or 11%, had pressure ulcers. Around sixty thousand people die each year from complications of some of the more advanced stages of bedsores.

When residents are left lying or sitting for long periods of time in the same position, their skin begins to break down, and pressure sores can quickly develop. Pressure ulcers commonly develop over bony areas that are close to the skin and are less padded by muscle and fat—like heels, ankles, hips, tailbones, shoulders, elbows, backs, and the back of the head. One small irritation can quickly develop into a crater that is painful, difficult to heal, and can become a life-threatening nursing home injury.

Family Sues Nursing Home for Neglecting Resident’s Penile Cancer

October 27, 2009 | Lebowitz & Mzhen

In a tragic case that our Maryland-based Nursing Home Abuse and Neglect Lawyers have been following, Everett Care & Rehabilitation Center, a Washington state nursing home, is being sued for abuse and negligence, for failing to care for 97-year old resident Charles Bradley—who suffered from an untreated penile infection that allegedly caused his death.

Bradley entered Everett Care & Rehabilitation when he was 93, in the winter of 2004. He lived in the nursing home until two weeks before his death, in March 2008, when Bradley was suddenly taken to the emergency room. Upon admittance to the hospital, doctors discovered a life threatening penile infection that caused his genitals to disintegrate, leaving nothing but a gaping wound. The court documents claim that Bradley’s wound went untreated for months in the nursing facility, and developed into severe penile cancer. Bradley died 18 days after entering hospital.

The lawsuit, filed this month by Bradley’s son in Snohomish County Superior Court, claims that the nursing home allowed the injury to continue to develop for months, without properly caring for Bradley, or reporting the wound to the doctors or family—violating the center’s promise to care and protect for elderly residents. Bradley’s family trusted that the center would provide him with the best care as promised, but they claim the nursing home neglected Bradley’s basic daily needs.

According to the suit, in November 2007, the staff at the nursing home noticed skin breakdown while changing Bradley’s diaper and reported the problem to a care manager, who failed to alert his doctor. Four months after this report, Bradley’s skin continued to break down in his genital region, and he started to lose large amounts of weight. Two weeks before he was taken to the hospital, the staff allegedly reported the skin breakdown one more time, but the managers again ignored the problem. By the time he reached the hospital on March 13, 2008, he was diagnosed with an infected wound, that doctors later diagnosed as severe penile cancer.

Washington State Department of Social and Health Services (DSHS) began investigating Bradley’s case before his death, and issued a citation to the center for failure to follow the quality of care standards required by law. The DSHS claimed that there was no evidence that the home had ever reported Bradley’s condition to the family, the facility’s doctor, or their social services department—necessary for a life-saving intervention. The center was cited and forced to take corrective action.

Repeat Offender—Nursing Home Charged With Third Wrongful Death Lawsuit This Year

October 16, 2009 | Lebowitz & Mzhen

Our Maryland Nursing Home Injury Lawyers have been following a recent case in which Ruxton Health, a local nursing facility in Virginia, has been charged with another wrongful death lawsuit—the third nursing home injury lawsuit from this year.

Bob Wiggins filed the civil lawsuit last week on behalf of his mother, Lorina Wiggins, who had been under Ruxton Heath’s care for a year when she was brought to the emergency room in March 2008 with deeply infected bedsores. Wiggins, who was 84 at the time, died a week later from complications of these wounds.

This nursing home injury lawsuit claims that one of the seven bedsores that Wiggins developed over the year that she was cared for at Ruxton Health, had become so deeply infected that in the course of three months it exposed her ankle bone.

Bob Wiggins claims in the suit that he was never informed about his mother’s infected bedsores that advanced to a deadly degree during final few months of her life. When he was unable to visit the facility in person, he claims that when we could call to check on her, he was incorrectly reassured by the Ruxton staff that she was doing “fine” and had “no problems”.

When Lorina Wiggins entered the nursing home, she was at high risk for skin breakdown, and according to the suit needed specific nursing home care to prevent any sores or lesions from developing, which included being physically moved every few hours.

The lawsuit is seeking $35 million from Ruxton Health and former nursing home administrator Sue Myatt.

The Wiggins case is the third nursing home wrongful death lawsuit brought against Ruxton Health this year. The first wrongful death lawsuit was filed on behalf of Lillian Funn—who died from skin ulcers and multiple nursing home bedsores in 2008.

Nursing Home Abuse and Neglect Violations

October 12, 2009 | Lebowitz & Mzhen

As Maryland Nursing Home Abuse and Neglect Lawyers, we support the rights for Maryland residents to receive quality care, and be protected with treatment that is free from criminal acts, abuse, and the kind neglect that often results in injury or wrongful death. Under the Nursing Home Reform Act of 1987, all residents living in nursing homes or long-term care living facilities are entitled to receive this quality of care and attention in an environment that improves and maintains their mental and physical health.

Nursing home abuse and neglect occurs when a facility fails to protect and care for the residents, by paying proper attention to situations that could cause harm or pain. In an effort to educate families and consumers, and protect residents’ rights, the National Consumer Voice for Quality Long-Term Care (NCCNHR) publishes a consumer fact sheet aimed to prevent future nursing home abuse and neglect violations. The NCCNHR reports these common violations:

• Poor positioning of the body, which can lead to bedsores and frozen joints.

• Lack of cleanliness, hygiene, and proper toileting—causing incontinence, falls, bedsores.

• Resident malnutrition and dehydration
• Not assisting residents with walking, which can lead to immobility, and falls
• Abuse from a staff member, visitor, or intruder—which can involve using physical force in feeding, while administering medicine, or while moving a resident

• Ignoring, antagonizing, or depriving a resident of adequate needs, which can lead to emotional and psychological abuse.

• Inappropriate sexual touching or forcing residents into performing sexual acts
Other common nursing home injury violations to be aware of include failure to supervise residents adequately, administer proper medication to each resident, and provide patients who are mentally ill or who have dementia with special attention and care.