Are Nursing Homes Liable for Bed Sores – Residential Elderly Care

Neglect of the elderly in nursing homes and residential care facilities result in thousands of cases of serious bed sores and pressure ulcers each years. According recently published studies 11% of nursing home residents suffered from pressure ulcers in 2012. Under federal and state laws governing the treatment of the elderly, nursing home and residential care facilities can be held civilly liable for pressure ulcers injuries resulting from neglect if residents.

California and Federal Nursing Home Laws:

Senior citizens and other individuals who are residents of nursing homes and care facilities are significantly dependent on staff for their daily needs, and care. As such, under federal and state laws residents must be treated with dignity and respect; nursing home operators are required to provide adequate staff so as to maintain a specific level of care needed by each resident. Adequate level of care includes caring for immobile (bed ridden) residents who are at a high risk of developing bed sores. The adequate level of treatment in order to reduce the risk of pressure ulcers includes

• Positional Changes – failure to routinely adjust and reposition immobile residents
• Use of a pressure reducing bedding or mattress
• Routine inspections of a residents body and bedding
• Proper nutrition and hydration – dehydration results in dryness of the skin increasing the risk of pressure ulcers
• Properly cleaning of and drying of bedding and mattresses – failure to proved proper toiletry including regular clothing changes is a major cause of decubitus ulcers.

Definition of Neglect Under Elderly Care Laws

There are three types of neglect which take place in nursing homes

• Intentional Neglect: The purposeful withholding of these basic necessities.
• Unintentional Neglect: The direct result of a caregivers inability or unknowing failure to provide proper care. Unintentional neglect cannot serve as a defense against elder abuse. Residential facility caregivers are under a heightened duty provide proper medical, emotional and basic care.
• Self-Neglect: Often the result of mental issues such as dementia, and bi-polar disorder. Care givers are under a duty to care for those who cannot care for themselves. Including those who suffer from mental issues.

Read Also

– Bed Sore Lawsuit – Statute of Limitations – Stage III Bed Sore Lawsuit – Stage IV Bed Sore – Nursing Home Liability – Hospital Liability for Bed Sores – Average BedSore Settlement – Food Poisoning in Nursing Home Lawsuit Filing a Lawsuit – Common causes of actions against nursing home for bed sore include, (a) Negligence, (b) intentional harms,(c) failure to properly hire or train staff, (d) wrongful death, (e) breach of statutory or regulatory rights. To speak with a legal representative from our law firm concerning a claim for bed sores, to a resident of a nursing home or elderly care facility contact our law offices at (855) 339-8879. All consultations are free of charge and completely confidential. More information: Bed Sore Nursing Home Lawsuit California Nursing Home Injury Legal Guide