A Texas nursing home is being sued by a family that claims it neglected their loved one, causing his wrongful death. Three of the deceased resident’s family members filed a complaint on August 25, 2023, against the facility.
According to the complaint, the deceased had been a resident of the nursing home from July 21, 2022, to Oct. 5, 2022, and the facility had violated the standard of care and neglected him. The complaint alleges this neglect caused a “deep and infected Stage IV left buttock/sacral pressure ulcer.”
The complaint states that the September 27, 2022, medical records describe the pressure ulcer as measuring 7.6 centimeters x 5.8 centimeters x 2.4 centimeters, with an undermining of 2.5 centimeters and exposed bone. It also says that “sacral decubitus ulcer” was given as the immediate cause of death on his death certificate.
According to the plaintiffs, the facility committed negligence, violation of resident rights, and gross negligence and malice. The plaintiffs seek damages for the deceased resident’s endured pain, torment, destruction of dignity, mental anguish, physical impairment, loss of enjoyment of life, and reasonable medical expenses. The suit also seeks damages for his family for past and future grief, bereavement, torment, and mental anguish. The plaintiffs are seeking economic and non-economic damages, exemplary damages, interest, attorney’s fees, court costs, and all other just relief.
Compliance Perspective
Issue
F686 Skin Integrity in the State Operations Manual Appendix PP states that based on the comprehensive assessment of a resident, facilities must ensure that a resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable. It also states that a resident with pressure ulcers must receive necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection, and prevent new ulcers from developing.
Discussion Points
- Review policies and procedures regarding provision of care to prevent, treat, and heal pressure ulcers, including the involvement of a wound care provider.
- Train staff about abuse and neglect and the protocols they should follow to prevent development of pressure ulcers, and provide education on proper wound care for healing of existing wounds. Perform annual competency determinations of appropriate staff members’ ability to perform wound care and to implement preventive measures. Provide additional training where needed.
- Periodically audit to determine if protocols for preventing and treating/healing pressure ulcers are in place and being followed. Ensure that care plans include the appropriate goals and interventions for wound prevention and treatment.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
