Bed Sores, Pressure Sores & Decubitus Ulcer Litigation is A Major Concern for Nursing Homes Says California Nursing Home Abuse and Neglect Attorney Steven Peck

Written by Adam Peck Category: Elder Law January 26th, 2013 2 min read

Pressure ulcer litigation is a growing concern for nursing homes. The incidence of a pressure ulcer alone is used as defacto evidence of neglect on the part of a nursing home. These cases rely on disparate medical records from all treating facilities, testimony of employees of record (when available), and the interpretation of events by expert witnesses. A neat linear format is created by this attenuated reconstruction of events. However, a confluence of factors can lead to the occurrence of a pressure ulcer. Additionally, limited evidence is available regarding the effectiveness of specific prevention strategies. Knowing the outcome in a case being litigated, plus the limitations described above, weakens one’s ability to objectively judge whether reasonable prevention strategies were employed in a timely manner or even whether prevention was possible.

Pressure ulcers are a phenomenon, not a disease or even a discrete medical condition. Pressure ulcers – skin breakdown that occurs entirely as a result of exposure to a toxic combination of physical forces, such as pressure and shear – are more accurately described as an injury as used by the Institute of Medicine (IOM). Experienced clinicians know that this type of pressure ulcer is the exception rather than the rule. Instead, the incidence of pressure ulcers in nursing homes is more accurately described as an event, often associated with medically complicated residents who usually are frail and immobilized. Clinicians must continue efforts to understand pressure ulcers, learn which can be avoided, and find better ways to treat them. Criminalizing this event will never provide an environment that encourages funding of the basic research needed to comprehensively understand their natural history nor will it help people at risk for developing pressure ulcers or those responsible for patient care.

The Current Nursing Homes Oversight Environment

The nursing home industry ranks high on the list of the most regulated industries by both state and federal oversight agencies. The federal government is a major stakeholder in the nursing home industry. In the year 2000, the federal government paid nursing homes an estimated $39 billion. Through the Centers for Medicare and Medicaid Services (CMS), the federal government performs an increasingly coordinated oversight role.

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Written by Adam Peck

Expertise: Personal Injury

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.