Looking at Bedsore from a Legal Perspective

1. Looking at Bedsore from a Legal Perspective

2. Bedsores which are also known by different names, including pressure sores or ulcers and decubitus ulcers indicate that a patient is being neglected at hospital, nursing facility, or whatever care facility they’re admitted. If you or a loved one suffers experiences bedsores while in a care facility, you should pursue legal action. Bedsores are considered medical malpractices which can be resolved by a bed sore attorney. Most attorneys offer free consultation, besides providing legal guidance after evaluating the situation. They will then recommend appropriate legal options to their clients. What is a Bedsore? Bedsores are a sign of negligence in care facilities and can occur on any bony part of the body that experiences pressure for long. When the patient’s skin rub against the beddings, pressure is exerted, damaging the skin. Pressure builds up in areas where blood flow is restricted, killing cells and causing wounds (bedsores). Caregivers should implement preventative measures to prevent bedsores and are held liable if a patient under their care experiences decubitus ulcers.

3. The preventative measures include monitoring patients for developing wounds, repositioning patients to off-load pressure, using mattresses designed to relieve pressure, and ensuring patients with mobility issues are dry and clean at all times to prevent formation of wounds. Although bedsores can occur in any part of the body, some body parts are more susceptible than others, including: • Heels. • Buttocks. • Back. • Ankles. • Hips. What Causes Bedsores? The primary cause of bedsores is negligence. However, the following are the main things that facilitate formation of bedsores:

4. 1. Friction between the Skin and Beddings Blood cells are damaged when the patient’s skin rubs against the beddings. The skin starts developing wounds since damaged cells deprives nutrients, blood, and oxygen to the skin. • Excess Pressure Blood flow is restricted when bony body part come into contact with solid surfaces over long periods, depriving the compressed skin of its lifeline–blood, oxygen, and minerals. When the skin lacks those minerals for a couple of hours, it eventually dies and wound appear in form of bedsores. •Lack of Enough Muscle and Body Fat The body requires enough muscle and fat to increase padding that keeps the skin away from bones. •Skin Shearing This occur when the skin and bones move in different directions, and it mainly occurs when a patient is not moved gently and carefully.

5. • Lack of Water and Food Dehydration and malnutrition makes the skin fragile and weak, particularly for elderly patients, exposing the skin to bedsores. • Repositioning Issues Blood flow will be hindered if the skin is subjected to pressure for long, and that’s why patients need to be repositioned regularly to relieve pressure. • Unfriendly Conditions Tight clothes, tight shoes, and beddings that are not designed for pressure distribution cause friction and bedsores in the long-term. • Dry Skin The patient is more susceptible to friction if the skin is not well moisturized. Lack of enough water causes moisture imbalance since your cells will be competing for the little water available.

6. • Sensitivity Challenges Patients with medical conditions that affect blood flow or cause sensitivity challenges are more susceptible to bedsores. They won’t detect pain even after staying in one position for long hence, more susceptible to bedsores. Liability of Care Facilities for Bedsores The federal laws governing bedsores indicate that patients should leave care facilities without bedsores if they were admitted without them. Otherwise caregivers are held liable if patients develop bedsores while in their care and they cannot prove that the situation was unavoidable. Also, caregivers are responsible for treating patients with bedsore injuries. Bedsores are preventable if only caregivers are more vigilant, meaning bedsores are caused by caregiver negligence. If you develop a serious disease, thanks to bedsores, you can sue for personal injury claims against the caregiver. The claim should factor in financial and non-financial challenges, such as medical costs, bodily injuries, pain & suffering, and lost wages.

7. Complications Associated with Bedsores Caregivers are expected to be gentle, caring, and tender with patients, particularly the ones having mobility challenges. Unfortunately, some caregivers are just arrogant, intentionally negligent, and disrespectful to vulnerable patients. Once bedsores develop, patients risk developing other medical complications, including: • Sepsis. • Osteomyelitis. • Gangrene. • Necrotizing Fasciitis. • Amputations. What to do after Detecting Bedsores Most caregivers will try to shift blame to their patients once bedsores are discovered. However, the law expects them to implement preventative measures for avoiding such scenarios. Otherwise, they’ll be held responsible and liability is squarely on them.

8. Caregivers and care facilities, including hospitals, nursing homes, and medical staff owe quality and standard of care commensurate to their training and expertise. If the expected standards are not met, the caregiver will be liable for medical malpractice. Also, care facilities are responsible for the negligence of their employees (vicarious liability). If you have a legitimate medical malpractice claim, you should discuss it with a bed sore attorney. He or she will help you initiate a personal injury lawsuit and ensure the negligent caregiver is held accountable.

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