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 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.

Litigation Costs Are Very High In Cases Involving Bed Sores, Pressure Sores and Decubitus Ulcers

Litigation adds to the burden of health care costs. This is especially true in long-term care, where nearly 87% of verdicts and out of court settlements against facilities are awarded to the plaintiffs. One report reviewed 54 nursing home lawsuit cases from September 1999 to April 2002 involving pressure ulcers.

The average monetary recovery was more than $13.5 million and included awards of up to $312 million in one case, when determined by a verdict or settlement. In litigation cases related to pressure ulcers, jury awards are highest for multiple causation factors. When awards were related to single causes, the highest awards were for those where inadequate nutrition was alleged to be the cause of pressure ulcers.

However, it is important to note that in the past few years a few states have passed legislation limiting malpractice awards which may help to control these cost burdens in the future.

Every At Risk Patient for Bed Sores, Pressure Sores and Decubitus Ulcers Must Be Afforded The Best Preventive Care Possible

Does the Braden Scale Have Predictive Value?

The Braden Scale is an excellent nursing assessment tool for evaluating a patient’s general condition. It should alert us that a patient requires our utmost vigilance.

However, implementing preventive measures should be similar to implementing universal precautions – every at-risk patient, no matter what the Braden Scale score, should be afforded the best preventive care possible.

There should be zero expectation that any patient will develop a pressure ulcer. The Braden Scale has no predictive validity unless the assumption is that the care is going to be inadequate.

Pressure ulcer and bed sore prevention, to use the old cliche, is a 24-hour-a-day job. On a daily basis, we are entrusted with the care of thousands of at-risk patients. Are we honestly up to the challenge?

– from Steven Peck, Senior Attorney at Peck Law Group

Elder Abuse Is A Serious Problem

Elder abuse is a serious problem. It is important, however, to put elder abuse in context. Studies show that 60 million Americans provide care to adult relatives, with an average lifetime economic cost per person of $300,000, mostly from early retirement or reduced work hours. If the public paid for this, costs would be four times what the federal government now pays for long-term care.

The great majority of these caregivers do exemplary jobs, sacrificing free time, sleep and sometimes their own health. University research conducted also shows that older people in residential-care settings describe both exemplary paid care providers and some who are mediocre or poor.

This positive quality of care, however, is not newsworthy, and most news stories focus on the few, horrific cases where abuse or neglect leads to harm or death. In elder care, there are most certainly a few villains but many, many unsung heroes.

We must watch the villains and to continue to monitor the facilities and individuals that fail to provide the servicdes that are needed for the upkeep of our elders.