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Author Archives: Adam Peck

 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.
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West Virginia Legislating to put Monetary Cap on Non-Economic Damages Against Skilled Nursing Facilities

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A  limit would be placed on the amount nursing homes would be forced to pay if sued  under a bill passed by the West  Virginia Senate.

The  measure explicitly includes nursing homes under the protections of a 2003 law  that places limits on medical malpractice suits. The Medical Professionals  Liability Act places a $500,000 cap on the non-economic damages for which health  care providers are liable.

In  a high profile 2011 case, a jury found Heartland nursing home in Charleston  liable for $90 million in damages for the dehydration death of an 87-year old  woman. this bill would not apply retroactively to that case, but even if  it did, the vast majority of the $90 million verdict would  be unaffected.

Of  the total amount awarded, approximately $80 million was in punitive damages,  which are not affected by the liability act. The bulk of the remaining $10  million was awarded for non-medical negligence. The judge ruled, in essence,  that because the woman died from dehydration, it was not a doctor or medical  error and was not covered by the liability law. The case is being appealed and  is pending before the state Supreme  Court

Sen. Truman  Chafin, a prominent trial lawyer, was the only member of the Senate to vote  against the bill.

“I  don’t think nursing homes should ever be covered under the MPLA,” Chafin said.  “They’re not doctors.”

The West  Virginia Association for Justice a group representing plaintiffs’ lawyers,  called the bill unnecessary.

“Nursing  homes are already identified as medical providers under West Virginia’s existing  Medical Professional Liability Act,” said Scott  Blass, the group’s president. “This is an attempt by nursing homes to try to  further limit their liability when their patients are harmed.”

Wednesday  was the second consecutive day that the Senate passed a bill limiting the power  of injured parties to sue. On Tuesday the Senate passed a bill that limits the  ability of all trespassers to sue property owners if they are injured.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care.  Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be.  You will receive superior representation and of course the best possible result based upon our know how and expertise.

Call us Now.  THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085

Bedsores Have Four distinct Stages

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Bedsores the four stages

Bedsores have four distinct stages and are preventable injuries to skin tissue.

These pressure sore injuries open the body up to further infection and disease, often resulting in death or amputation. Pressure sores are broken down into  four stages:

  • Stage 1 decubitus ulcers are still intact – they are not open wounds. While the skin remains intact, there may be painful bruising underneath. The stage 1 decubitus ulcer is red when you apply pressure with your finger and then remove it (called blanching). Nursing home residents with darker skin tone may not turn red, but the sore will be a noticeably different color than the surrounding skin. Stage 1 bedsores can feel softer or firmer than the surrounding wound tissue in the resident’s skin.
  • Stage 2 pressure wounds are open painful sores caused by unrelieved pressure. These preventable decubitus ulcers are a result of patient being unable to  move and staff failing to flip the patient. A stage 2 bedsore can look like a scrape (abrasion), blister, or a shallow crater in the skin. Sometimes this stage looks like a blister filled with clear fluid. At this stage, some skin may be damaged beyond repair or may die, leaving a permanent wound.
  • A stage 3 pressure sore burrows deeper into the nursing home resident’s skin tissue than a stage 2. The bedsore or pressure wound is open but the muscle, tendon and bone are not visible at this stage of the sore. A patient’s fatty tissue surrounding the pressure sore may be exposed at stage 3.
  • A stage 4 decubitus ulcer is the deepest most traumatic stage. There is deep damage to skin tissue in the effected area and often damage to the surrounding joints and tendons. These open festering wounds are an open invitation to disease and infection and can often cause death. Osteomyelitis, infection of the bone, or Sepsis, blood infection, are often complications of an open Stage 4 decubitus ulcer. These infections can cause amputation or death.

Bed Sores can become infected and cause death.  It is fundamental that when an elder and dependent adult enters into a long term facility, such as a skilled nursing, assisted living home, or a hospital, that the nurses are always aware of the possibility of skin breakdown.  It is inexcusable for a resident to receive bed sores when quite simply the professional staff was watching.

Most times, these facilities are dealing with frail elderly individuals who are not in the best of health that need to be watched and are totally dependent on the care of the professional staff.

Many times the elderly are kept in one position and not turned every two hours which is the minimum requirement.  Also, there are instances where elders are not properly cleaned, left in their own feces, which gets into the wounds causing infections such as sepsis and a leading cause of death.

 

Bed Sores, Decubitus Ulcers, and Pressure Sores Are Common for People That Are Unable to Move

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Bedsores, also called pressure ulcers or decubitus ulcers, are areas of broken skin that can develop in people who:

  • Have been confined to bed for extended periods of time
  • Are unable to move for short periods of time, especially if they are thin or have blood vessel disease or neurological diseases
  • Use a wheelchair or bedside chair (a hospital chair that allows a patient to sit upright next to the bed)

Bedsores are common in people in hospitals and nursing homes and in people being cared for at home. Bedsores form where the weight of the person’s body presses the skin against the firm surface of the bed.

In people confined to bed, bedsores are most common over the hip, spine, lower back, tailbone, shoulder blades, elbows and heels. In people who use a wheelchair, bedsores tend to occur on the buttocks and bottoms of the feet.

This pressure temporarily cuts off the skin’s blood supply. This injures skin cells. Unless the pressure is relieved and blood flows to the skin again, the skin soon begins to show signs of injury.

The pressure that causes bedsores does not have to be very intense. Normally, our skin is protected from being injured by pressure because we move frequently, even when asleep.

At first, there may be only a patch of redness. If this red patch is not protected from additional pressure, the redness can form blisters or open sores (ulcers). In severe cases, damage may extend through the skin and create a deep crater that exposes muscle or bone.

Muscle is even more prone to severe injury from pressure than skin. A bedsore can involve several layers of damaged tissue.

Although pressure on the skin is the main cause of bedsores, other factors often contribute to the problem. These include:

  • Shearing and friction. Shearing and friction causes skin to stretch and blood vessels to kink, which can impair blood circulation in the skin. In a person confined to bed, shearing and friction occurs each time a person slides across the bed sheets.
  • Moisture. Wetness from perspiration, urine or feces makes skin under pressure more likely to suffer injury. People who can’t control their bladders or bowels (people who are incontinent) are at high risk of developing bedsores.
  • Decreased movement. Bedsores are common in people who can’t lift themselves off the bed sheets or roll from side to side. Without these small movements throughout the day, skin that is pressing against the bed does not get a steady supply of oxygen and nutrients. Blood flow is inadequate in these parts of the skin. (People who can move without assistance have a lower risk of bedsores because they can shift their weight periodically.)
  • Decreased sensation. Bedsores are common in people who have nerve problems that decrease their ability to feel pain or discomfort. Without these feelings, the person cannot feel the effects of prolonged pressure on the skin.
  • Circulatory problems. People with atherosclerosis, circulatory problems from long-term diabetes or localized swelling (edema) may be more likely to develop bedsores. This is because the blood flow in their skin is weak, even before pressure is applied to the skin.
  • Poor nutrition. Bedsores are more likely to develop in people who don’t get enough protein, vitamins and minerals.
  • Age. Elderly people, especially those over 85, are more likely to develop bedsores because skin usually becomes more fragile with age.

Bedsores can lead to severe medical complications, including bone and blood infections.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care.  Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be.  You will receive superior representation and of course the best possible result based upon our know-how and expertise.

Call us Now.  THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll-free at (866) 999-9085

– from Steven Peck, Senior Attorney at Peck Law Group
 

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