October 2009 Archives

October 27, 2009

Bedsores - Frequently Asked Questions (Part I)

The New York (NYC) Bedsore Attorneys at Gallivan & Gallivan have extensive experience representing individuals who have developed bedsores (pressure sores, pressure ulcers, pressure sores, decubitus ulcers) due to the neglect of hospital or nursing home personnel. The following is the first of a series of posts that will address questions we often receive from our clients regarding bedsores.

1) What is a bedsore (pressure sore, pressure ulcer, pressure sore, decubitus ulcer)?

The terms bedsore, pressure sore, pressure ulcer, and decubitus ulcer are often used interchangeably. What they refer to are areas of damaged skin and tissue that develop as a result of sustained pressure on certain parts of the body. In most instances, such sores develop on the bony prominences of the body, including the sacrum, buttocks, elbows, heels, shoulder blades and hips. The sustained pressure on the affected area disrupts blood flow causing the tissue to die.

2) What are the stages of bedsores?

The National Pressure Ulcer Advisory Panel has defined the stages. A brief explanation of each stage is below.

Stage I. An area of persistent red skin that may be itchy or painful to touch. Stage I ulcers will, in most circumstances, heal once pressure is relieved.

Stage II. The wound has broken the skin. It is now an open sore that looks similar to a blister.

Stage III. The wound has progressed down to the tissue beneath the skin. The sore may look like a crater.

Stage IV. In a Stage IV pressure sore, the damage has progressed though the skin and tissue to the underlying muscle, bone, tendons and/or joints.

3) What causes bedsores?

a) Sustained pressure
b) Friction
c) Shearing

4) Are bedsores preventable?

The short answer is that bedsores caused by sustained pressure on an area of the body are preventable. However, certain underlying conditions make people more susceptible to developing bedsores. These conditions include vascular disease, anemia, diabetes, paralysis, cancer, and spinal cord injuries. We would and do argue that if these underlying conditions are present, the hospital and/or nursing facility is obligated to ensure that they are vigilant in trying to prevent bedsores. In addition, simply because an individual is more susceptible to bedsores does not make their development excusable.

That said, there is also a condition called a venous or stasis ulcer that is not caused by sustained pressure. They are usually smaller ulcers that develop when veins fail to properly send blood back to the heart. This results in the blood flowing backward and collecting in a pool in the legs. The pooling of blood causes the skin ulcer. In most instances, these ulcers are more difficult to prevent and/or treat.

As always, the attorneys at Gallivan & Gallivan are available to answer any questions you may have about bedsores or any other form of nursing home or hospital neglect. Please contact us for a free consultation.


Website Resources:

Mayo Clinic - Bedsores (Pressure sores)

October 20, 2009

Bronx (NYC) Nursing Home Cited For Allowing Resident To Elope For Twelve Hour Period Without Being Noticed

Terrace Health Care Center, a Bronx (NYC) nursing home, was cited in a May 27, 2008 survey for failing to supervise and monitor a resident who was able to elope from the facility for a twelve and half hour period without being noted as missing. The resident had a history of illicit drug use and had previously requested a five hour pass numerous times. The resident was not noted as missing at any of his meals, rehabilitation sessions, medication distribtion, or on any rounds made by nursing staff.

The resident had not been assessed for his propensity to elope and no care plan had been implemented in order to prevent him from eloping. Even more startling, investigators interviewed the Director of Nursing, Assistant Director of Nursing, MDS Coordinator, Quality Assurance Manager, and Assistant Administrator as a group, and when they were asked how residents are assessed for elopement, no one could provide a response. Furthermore, the surveyor was provided a Policy and Procedure titled "Criteria For Risk Assessment 'Wandering' or 'Elopement' and the Care Plan Process" dated 5/19/08. There form had no initial date or revision date posted on it. The incident in question occurred on 5/14/09, five days before the initiation of the policy.

As a result of the investigation, the surveyors found that the facility failed to have a system in place to assess all residents for risk of elopement, which resulted in Immediate Jeopardy and Substandard Quality of Care to Residents. The Bronx nursing home was fined $8,000.00.

Failing to properly assess residents for their risk of wandering or eloping can lead to serious injuries, and is a form of nursing home neglect. Please contact Gallivan & Gallivan for a free consultation regarding your potential nursing home neglect or abuse matter.

October 19, 2009

Nursing Home Neglects Dying Man

93 year-old nursing home resident, Charles Bradley, was allegedly the victim of neglect at Everett Care & Rehabilitation in the winter of 2004. A lawsuit initiated by Bradley's family claims that staff at the nursing home failed to refer the resident to a physician when an open wound was found on his penis. According to the family, the wound was then allowed to fester for months without treatment. That wound had apparently developed as a result of an undiagnosed penile cancer. The cancer reportedly contributed to Mr. Bradley's death.

The nursing home has been cited by the Seattle Department of Health and Social Services as a result of the incident.

As always, the attorneys at Gallivan & Gallivan are available for a free consultation if you have any questions or concerns regarding the abuse or neglect of a nursing home resident.

Website Resources: Nursing home cited, sued after elderly man's genitals disintegrate, Seattle PI, LEVI PULKKINEN, October 16, 2009.

October 14, 2009

New York Medicaid Fraud Unit Vows To Protect Vulnerable Nursing Home Residents From Abuse And Neglect

The New York State Medicaid Fraud Control Unit (MFCU) was established over 30 years ago with the intent to protect the New York's most vulnerable patients from elder abuse
and neglect
. The MFCU's mission remains the same today. The MFCU, under the direction of Attorney General Andrew Cuomo, has published a brochure, "Protecting Patients From Abuse and Neglect", which discusses the types of investigations the office undertakes in nursing homes, the types of crimes providers can be charged with, how to contact the office and ways you can be helped if you have suffered abuse or neglect.

To report elder abuse or neglect, please call the New York State Attorney General's Office at (800) 771-7755 or the New York State Department of Health at (888) 201-4563.

The attorneys at Gallivan & Gallivan support the work of the MFCU and likewise are dedicated to protecting New York's most vulnerable citizens. If you or a loved one has been the subjected to abuse or neglect in a nursing home or assisted living facility, please contact us. We aggressively pursue compensation for victims of elder abuse or neglect.

October 7, 2009

Plaintiff Awarded $2.2 Million After Bedsores Develop At Westchester County Hospital

A Westchester County jury returned a $2.2 million dollar verdict against Westchester Medical Center located in Valhalla, NY and one of its physicians for allowing Eric Trainor, a 30 year-old quadriplegic and former contractor, to develop bedsores (pressure sores, decubiti) that progressed to Stage IV. Mr. Trainor was involved in a car accident on the way to a construction job back in 2005, which resulted in a spinal cord injury and quadraplegia.

From the crash site, he was taken to Westchester Medical Center where the bedsores developed. The Stage IV wounds on his back and buttocks progressed all the way down to the bone. The plaintiff argued at trial that the development of the sores delayed his physical therapy and left him without the opportunity to build upper-body strength.

The attorneys at Gallivan & Gallivan aggressively represent individuals who have developed bedsores (pressure sores, decubitus ulcers) in hospitals or nursing homes. As we have discussed on the New York Nursing Home Abuse Lawyer Blog many times before, bedsores are preventable with appropriate care in almost all circumstances. If you or a loved one has been neglected, please contact us.

Website Resources:

Crash victim awarded $2.2M for bedsores from hospital stay, Journal News, Rebecca Baker, October 5, 2009.