Bronx nursing home Regeis Care Center received sub-standard assessments across several categories in a Department of Health certification survey on June 12th of this year. Among these deficiencies was a violation of 42 CFR 483.25(c), which states, in relevant part, that a facility must ensure that a resident who enters without pressure sores does not develop pressure sores during his or her stay, unless the resident’s condition demonstrates that development of such sores was unavoidable.
The resident cited by the DOH was admitted to Regeis on April 13, 2012. At the time of admission, the resident’s skin was intact, although the assessment performed indicated that she was at high risk for the development of pressure sores. Despite this potential to develop pressure sores, the DOH was unable to find a careplan for prevention of pressure ulcers prior to April 23. Additionally, nothing in the medical records indicate that the resident was turned and positioned before this date. Turning and positioning is a common intervention both to prevent, and to promote the healing of, pressure ulcers. By the time the care plan was implemented on April 23, the resident had developed a Stage II pressure ulcer to her sacrum, or lower back. By May 15, the wound had progressed to a Stage III ulcer.
A nursing home owes a duty to its residents to take measures to prevent pressure ulcers from developing. When a resident enters and is assessed upon admission as being high risk for a pressure ulcer, the nursing home must implement and follow through on an appropriate care plan to prevent these ulcers from developing. The Department of Health investigation into this particular case found that the facility failed to fulfill this duty.
The full report by the DOH, including a listing and description of other violations contained in the June 12 survey, can be accessed here.
If you or a loved one has suffered from a bedsore or multiple bedsores, please contact the New York Bedsore Attorneys at Gallivan & Gallivan.