When a Resident Gets a Bed Sore in a Cleveland Nursing Home, is the Nursing Home Responsible?
As a Cleveland nursing home attorney, I get calls all the time about Cleveland nursing homes. I get calls from friends about placing their loved ones in Cleveland nursing homes. I also get calls from people with concerns they have about their loved one who is already a resident in a Cleveland nursing home.
One of the most common issues that we deal with here at as Cleveland nursing home attorneys is nursing home residents who have developed skin breakdown or bed sores or decubitus ulcers.
At The Dickson Firm, we have been focusing on representing nursing home residents and their families in cases against Cleveland nursing homes and also in cases against nursing homes in other parts of the State of Ohio, for over 25 years. In fact, with our experience, we've identified many of the worst offenders across the state.
Cleveland nursing homes, just like all nursing homes all over the State of Ohio, just like nursing homes all over the country, are highly regulated. In order to properly represent our clients we need to be familiar with the various laws and regulations that apply to the care of nursing home residents and their families.
Fortunately, I have been representing individuals and families in cases involving nursing home abuse and neglect and I have been working with these laws and regulations for over twenty five (25) years.
Nursing home residents do have legal rights in Ohio (and elsewhere)
There are various sections of the Ohio Revised Code, known as the Nursing Home Residents Bill of Rights, which guarantee certain rights to nursing home residents in Ohio. The State of Ohio Legislature passed the Ohio Nursing Home Residents Bill of Rights after a study revealed that residents of nursing homes, both nursing homes in Cleveland and nursing homes throughout the State of Ohio, were not receiving appropriate care. In fact, the study concluded that the residents were not receiving humane treatment. As a result, the Ohio State Legislature passed a series of laws to guarantee the rights of nursing home residents.
There are also various sections of the Ohio Administrative Code promulgated by the Ohio Department of Health which dictate how Cleveland nursing homes as well as nursing homes throughout Ohio must care for their residents.
Finally, there are various sections of the Code of Federal Regulations, which require a certain quality of care for residents of Cleveland nursing homes as well as residents of nursing homes throughout the United States.
One of the things that is required is that if somebody enters a nursing home without skin breakdown, they are not to develop skin breakdown unless that skin breakdown is clinically avoidable. If a person enters a Cleveland nursing home, or any nursing home in the country with skin breakdown, then the nursing home is required to do everything they can to heal that breakdown unless that breakdown is clinically avoidable.
What does "clinically unavoidable" mean.
People whose skin breakdown is clinically unavoidable are people who have significant circulatory problems. Often we see residents who have severe peripheral vascular disease or severe diabetes or other issues with their circulation or other cardiac issues. Sometimes those people simply cannot avoid skin breakdown.
However, one of the most important factors that we look at is, does that resident have a history of skin breakdown? Did they have skin breakdown in the past. Did they have skin breakdown at home? If they were able to avoid skin breakdown at home, the nursing home should be able to help them avoid skin breakdown in the nursing home.
The federal regulation also provides that if a resident enters the nursing home with skin breakdown, the nursing home is obligated to do everything they can to heal that skin breakdown.
Skin breakdown is caused by unrelieved pressure.
If someone enters the nursing homes and because of a recent fracture or other injury they are unable to turn or reposition themselves on a regular basis, the nursing home is obligated to turn and reposition them every 2 hours and in some cases more often than that.
The staff is obligated to monitor them to see if they are developing skin breakdown. Skin breakdown occurs in stages. The skin breakdown starts with a Stage 1 bed sore or decubitus ulcer. This is a reddened area. The skin is not open. It then proceeds to Stage 2 which is an open area. It then proceeds to Stage 3 which is a larger and deeper open area and ultimately skin breakdown proceeds to Stage 4 which is an even deeper area. In some cases a Stage IV ulcer goes all the way to the bone.
Repositioning is key
If you admit someone you love to a nursing home and they are not able to turn or reposition themselves you have to make sure the nursing home makes provision for turning or repositioning your loved one.
Step 1 is to make sure that the nursing home develops a care plan for your loved one to turn and reposition them every 2 hours.
Step 2 is to make sure that this is being done. When you visit your loved one, you should see staff coming in and out of the room to check on them and to turn and reposition them. When you go to visit your loved one at all different times they should be in different locations. The nursing home should get them up out of bed at a decent hour. Get them dressed. Bathe them. They should be in a chair at certain periods of time. They should be in the bed at certain periods of time.
Now if your loved one is at risk for skin breakdown in their sacral area, it is typical to potentially limit their time in a chair and also not to keep the head of their bed raised beyond a certain point because that puts additional pressure on their coccyx.
The key to preventing skin breakdown and the key to healing skin breakdown is offloading the pressure from the area of concern. If your loved one does develop skin breakdown, you should be notified. Their doctor should be notified. And the nursing home should come up with a plan to address the skin breakdown, to heal it and to make sure your loved one does not develop an infection.
For many people, skin breakdown is completely avoidable
For many people, skin breakdown is completely avoidable. It is the result of unrelieved pressure. And as long as that person is turned and repositioned on a regular basis they can actually avoid developing skin breakdown.
Skin breakdown can cause significant harm to a person and can absolutely be fatal. The purpose of the epidermis is to protect our bodies from infection. Once you have an open area, particularly an open area in the sacral area, there's a great risk for infection. We see many nursing home residents who die as the result of infection often as the result of a decubitus ulcer.
Contact a Cleveland nursing home lawyer with questions about bed sore injuries
Here at The Dickson Firm, we've been devoted to the rights of nursing home residents and their families for over twenty five (25) years. We work very hard to hold nursing homes accountable when they provide a resident with substandard care that causes injury, particularly in cases involving falls and issues with bedsores and pressure sores. As indicated above, bedsores can be extremely harmful to nursing home residents. They can even be fatal. If someone you love has been neglected or abused in a nursing home, please call us at The Dickson Firm at 1 (800) OHIO LAW. We would be happy to talk with you and help you in any way that we can.
The Dickson Firm believes it is crucial to share news about nursing home injuries and deaths to raise awareness about the ongoing issues of neglect and abuse that occur in Ohio – in Cleveland, Akron, Toledo, Columbus, Dayton, Cincinnati and every community across the state. The people who suffer injuries could be your spouse, your parent, your brother or sister. By reporting these incidents, we help families recognize potential risks, empower them with knowledge, and push for greater accountability in the industry. Ultimately, our goal is to advocate for safer conditions and ensure that vulnerable residents receive the care and dignity they deserve.
If someone you love has been neglected or abused in a nursing home, please call us at 1-800-OHIO LAW as it would be our pleasure to talk with you and help you in any way that we can. We represent victims and their families across Ohio. Contact nursing home and elder law attorney Blake Dickson today for a free and confidential case review.