The Intersection of Tort Law and Nursing Home Abuse and Neglect Litigation

Used with permission from NAELA Journal, Fall 2018.
The abuse and neglect of residents in nursing homes across the United States has gained a significant amount of attention recently. In the past, litigation of personal injury claims arising in institutional settings—including nursing homes and assisted living facilities—typically involved discrete negligent acts by an identifiable person, whereas today the abuse and neglect suffered by elderly and disabled nursing home residents are frequently the result of systemic acts of corporate negligence such as understaffing, underfunding, and the undertraining of employees. This article identifies and describes some of the lesser-known aspects associated with litigating personal injury claims against nursing homes in the current industry climate.

Read the full article by Attorney David J. Hoey here: The Intersection of Tort Law and Nursing Home Abuse and Neglect Litigation. 


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Five Questions to Ask When Choosing an Elder Abuse and Neglect Attorney

Nursing home abuse and neglect is a very serious subject and is a chronic national issue. If you believe that your family member may be suffering from nursing home abuse or neglect, you need to meet with an attorney to learn your legal options. Before choosing an attorney to represent your family, here are five questions to ask.

How long have you practiced elder law?
Many attorneys may be well-versed in general areas of elder law but not the specific area of abuse and neglect. An attorney who has experience handling wills, trusts, or probate issues doesn’t necessarily have the knowledge necessary to take an abuse and neglect case to trial and win. An attorney that represents nursing home abuse cases must be experienced in that form of civil litigation if not entirely specializing in it. Make sure that when an attorney says they practice elder law, he or she has experience representing families and individuals who were harmed by nursing home facilities or has access to such an attorney.

Do you have experience with similar cases?
It’s important to do your research and find the best abuse and neglect attorney for your needs. When interviewing an attorney, find out how many years he or she has been working in the field. How many cases have they worked on that are similar to yours? What were the outcomes? Be specific and ask how many abuse/neglect cases he or she has tried before a jury. If he or she were to take your case, what do they think the likely outcome will be? A good attorney will have a proven track record of successful cases and will be willing to talk about them. If your case is a wrongful death case, the attorney’s experience is even more important.

How familiar are you with state laws?
Because the laws that govern nursing home abuse cases vary from state to state, make sure that the attorney has experience specific to the state where the incident occurred. State laws change all the time; it’s important to find an attorney that understands the laws in your state and has a firm grasp of how they will impact your specific situation. Some of the differences will be minor but others such as limitations on damages or the length of time you have to file a claim can be substantial. You want someone who knows these differences.

Will you be part of the entire process?
One of the most important factors to develop a successful lawyer-client relationship is confidence in your attorney and the ability to access the law firm when needed. Will you be dealing with one lawyer? A team of lawyers? Mostly paralegals? Ask who will make up your legal team and the roles they will play. Ideally, you should have one particular attorney assigned to handle your case and not have your files transferred back and forth between staff. Your attorney should also be willing and ready to provide references.

Do you educate others about elder law issues?
The saying goes “Actions speak louder than words.” Ask if he or she belongs to any organizations that focus on issues affecting the elderly. Ask how active their participation outside of the office is and how frequently they engage with supporting organizations. Are they members of any relevant organizations? Do they serve in leadership roles in organizations that champion elder law? An attorney who goes outside of his or her daily practice to help educate people about the numerous issues facing the elderly demonstrates that he or she is truly dedicated to the community at large and not just his or her career. Ask him or her about their recognitions/awards or the articles and presentations that they’ve done in their field. Also ask if he or she teaches or what they’ve done to educate the public.

Conclusion
These five questions are not the only considerations you should have when choosing an elder law abuse and neglect attorney. Other things to consider include their demeanor and the rapport you have with them. Because many cases can go on for a long time and you will have to work with your attorney repeatedly, look for someone who you like and are comfortable with. It may take time to find an attorney who has the experience needed and who you trust, but don’t rush this process. They will be representing you in a very personal and complex matter so it’s important to make the right choice.

Our office is always available to help answer any questions you may have about your situation. Don’t hesitate to call us for a free consultation to evaluate your case. Our newest article “The Intersection of Tort Law and Nursing Home Abuse and Neglect Litigation” will be published in the National Association of Elder Law Attorneys Journal November 2018.


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What to do if you Suspect Nursing Home Abuse or Neglect

When families place a loved one in a nursing home, they expect their family member to be given quality care. It’s the nursing home’s responsibility to provide the quality of care that the family is unable to provide personally. While most nursing homes can and do provide quality care for their residents, if you suspect or see nursing home abuse, you should take immediate action.

Don’t adopt a wait and see mindset. If you have reason to believe your family member is being abused or neglected, take action sooner rather than later. Reporting abuse and neglect is the only way to put a stop to the behavior, especially if your family member is unable to speak for him or herself.

Remain Calm. When your loved one is in a nursing home and you suspect abuse, it’s easy to lose your temper. However, it’s important for your loved one’s sake that you remain calm and seek a resolution to the situation in a reasonable manner. Unless you have reason to believe their life is in imminent danger (in which case you need to call 911 immediately), it’s best to confront the nursing home’s administration first.

Question the nursing home management about any signs of suspected abuse. What you think is abuse may not be. Be willing to listen to the staff/management and allow them to offer explanations or offer to investigate your concerns. If they are unable or unwilling to explain the situation satisfactorily, you will want to look into more formal action. If the explanation is unsatisfactory or your family member’s condition fails to improve or gets worsens, contact the appropriate state agency and file a complaint. Every state has a department that is responsible for adult protective services and an ombudsman program to resolve complaints and advocates on behalf of residents in long-term care facilities. These professionals can investigate the claim and make the appropriate changes. You should also contact a nursing home abuse lawyer to discuss the situation and see what possible legal steps you can take.

Talk to Your Family Member. If you see signs of nursing home abuse or neglect, ask your loved one about the situation, privately if possible. If the nursing home management will not allow this for any reason, you will want to take further action. Be aware that your family member, even if they are mentally capable of recognizing the problem and telling you about it, may be reluctant to speak out about abuse for a number of reasons: due to fear of retribution from the abuser, a misplaced sense of loyalty to nursing home staff, not wanting to be seen as a complainer, or believing that they should just accept what happens to them.

Ask questions and take notes. A quality nursing home will not mind your questioning as long as you are respectful and reasonable. Take written notes of anything you see which is amiss. There is nothing wrong with taking pictures, writing the names and job positions of the people you speak to, and talking to other residents who are willing to talk with you and who may have information about the incident.

Call the police if there is clear abuse and/or imminent danger. If there is clear cut abuse, or if you have reason to believe your family member is in imminent danger, call the police immediately. At the very least, you should be asked to file a complaint. If needed, the police may intervene to ensure the safety of nursing home residents.

 

Consult a lawyer. If your loved one is being abused or neglected, he or she is entitled to protection and may be entitled to compensation under the law. Reporting abuse and neglect is essential, but formal legal action is also an important step. This is because most abusive facilities won’t change until formal legal action is taken, affecting their profit margins or their ability to remain in business. Consulting a lawyer reinforces the seriousness of the behavior and ensures that swift corrective action is taken and the quality of life for all the residents of the facility is enhanced by your actions.

If you or a loved one is the victim of nursing home abuse or neglect, contact the Law Offices of David J. Hoey, PC for a free consultation to learn your legal rights and see if you have a case. The Law Offices of David J. Hoey, PC through litigation attempts to improve quality of care and life in nursing homes and assisted living.

This information included in this Blog is not intended to be used as legal advice. This Blog may constitute advertising under the rules of the Supreme Judicial Court of Massachusetts.


Health FAQ: What the Elderly Should Know about Clostridium Difficile Colitis (C. diff)

Clostridium difficile colitis, commonly referred to as C. diff, is an excruciatingly painful bacterial infection throughout the colon. Some people will carry the C. diff bacteria without ever becoming ill, but when the bacteria grows out of control, it can become painful and even dangerous to the patient.

Symptoms of C. diff include diarrhea, abdominal pain, fever, loss of appetite, bloody stool, and occasionally holes in the digestive tract. All symptoms are uncomfortable, especially for elderly patients who are already at risk of a weaker immune system. C. diff is more pervasive, and sometimes fatal, in elder communities for various reasons, including tight-knit living quarters, risk of kidney disease, previous diagnoses of cancer, and perhaps the worst offender, an increased use of broad-spectrum antibiotics.

In a properly functioning body, “good” bacteria removes toxins from the linings of the intestines and colon. However, when “bad” bacteria, like C. diff, invades the body, problems begin to arise and patients are typically asked to use antibiotics. While antibiotics fight back against the bacteria causing an illness, broad-spectrum antibiotics also kill off the “good” bacteria, weakening the immune system. Using broad-spectrum antibiotics for extended periods of time can make patients more susceptible to exposure to the C. diff bacteria.

In long-term care facilities, patients are often put on long-term, broad spectrum antibiotics, increasing their risk to contracting the C. diff bacteria. Because of this, patients in long-term care facilities are cautioned to use only specific antibiotics whenever possible in treating illnesses. Proactive measures to decrease the risk of contracting C. diff include remembering to wash hands frequently, using a probiotic supplement daily, and drinking plenty of clear fluids to keep the body hydrated.

If you believe you may have C. diff, contact a doctor right away. The doctor may ask you to stop all other antibiotics and switch to the antibiotic Flagyl or Dificid, antibiotics which specifically treat C. diff. It’s important to follow your doctor’s instructions because if it develops into a serious infection, surgery may be required to treat inflammation in the colon.


Frequently asked question: what are “never events”?

What exactly is a “never event”? You may remember hearing a story on the nightly news about an operation on the wrong arm or an object being left in a patient after surgery. These are both cases of “never events”, though other types of events may also qualify as a “never event”, including falls, pressure ulcers (bed sores), improper restraint, contamination of drugs, suicide attempt, or sexual assault. Among the many considerations when choosing a reputable nursing home facility, the facility’s approach to handling serious safety events should be a factor in assessing the quality of care provided.

“Never events” are human mistakes that should never happen in a medical facility. The Centers for Medicare and Medicaid Services defines “never events” as “errors in medical care that are clearly identifiable, preventable, and serious in consequence for patients and indicate a real problem in the safety and credibility of a healthcare facility”.

Because Medicare and Medicaid do not reimburse hospitals or medical facilities for damages done to the patient during a “never event”, serious safety events go largely underreported to maximize the health facility’s profit. To combat the lack of responsibility taken during a never event incident, health facilities have recently changed their policies to include an open reporting culture within the facilities.

While in a credible healthcare facility, it is the responsibility of the facility to take the necessary precautions in order to avoid a “never event”. Since 2002, the National Health Forum has decreased the number of “never events” by achieving a stronger commitment to reporting serious safety events, developing intervention procedures, and measuring subsequent outcomes.

However, “never events” are not yet completely avoidable and nearly 20% of all hospitals do not have a policy in place when “never events” occur. Because of this, the Leapfrog Group, an organization dedicated to eliminating medical error, has created a list of ethical suggestions to adhere to whenever a serious event takes place.

  1. Apologize to the patient.
  2. Report the event.
  3. Perform a root-cause analysis.
  4. Waive costs and fees related to the event.
  5. Provide hospital policy procedures to the patient.

Do not let a “never event” cause harm to you or your family. If a doctor or health facility has performed a medical procedure on you or a loved one without consent, it may be in your best interest to contact an attorney.


Comprehensive experience and proven results

We believe that everyone and every case deserves to be treated with compassion and dignity. So whether it’s you that’s been hurt personally, or a loved one, know that the Law Office of David J. Hoey is always here to help make sure that you receive the justice you deserve and that those responsible are held accountable for their actions.

For over 20 years,the Law Office of David J. Hoey has successfully represented the elderly and their families in matters involving elder abuse and neglect, wrongful death, and medical malpractice. We believe that everyone and every case deserves to be treated with compassion and dignity. So whether it’s you that’s been hurt personally, or a loved one, know that Hoey Law is always here to help make sure that you receive the justice you deserve and that those responsible are held accountable for their actions.

Click here to download a sample of some of the verdicts and settlements we’ve been able to achieve.


After 7 years, Elizabeth Barrow had her day in court

On September 24, 2009, Elizabeth Barrow, at age 100, was killed in her nursing home bed, a result of strangulation and suffocation; allegedly by her roommate. Seven years later, her wrongful death lawsuit against the nursing home has finally settled.

Elizabeth Barrow was born in New Bedford, Massachusetts and was married to Raymond Barrow for 65 years. Known to most as “Betty”, she was a gentle, friendly, fun lady, whom everyone loved. She worked at a high school cafeteria as a lunch lady, and served thousands of kids over her tenure. Raymond was a WWII veteran and owned a convenience store and service station in New Bedford.

When Raymond became ill in his later years and needed the skilled care of a nursing home, he chose Brandon Woods of Dartmouth. Never separated since their wedding day, Betty moved into the nursing home as a resident to be with her husband. The couple shared room 227, where they spent every moment together. Raymond passed away in July 2007, and Betty stayed on as a resident of the nursing home, in the same room that was their home for the last year and a half.

Shortly after her husband passed away, Betty was assigned a new roommate, Laura Lundquist, so that she could continue to stay in room 227. Although the two women seemed to get along, there were episodes of roommate bickering and several reported instances of Laura being jealous because Betty had more visitors, was getting more attention, and had the bed close to the window.

When roommate changes were discussed, Betty was told that if she wanted a new roommate, she will have to move from room 227. Not wanting to leave the room where she spent the last months with her husband, Betty decided to remain in her current room. For the next eleven months, things were mostly peaceful. On the evening of September 23, 2009, however, there was a situation of escalating behavior–Ms. Lundquist began lashing out towards the staff and towards Betty. The event required intervention, supervision, and assistance for both Laura and Betty. The next day, Betty was found by a nursing assistant, dead in her bed, with a plastic bag over her head.

The medical examiner performed an autopsy on Betty and concluded that her death was a homicide, “STRANGLED AND SUFFOCATED BY OTHER”. In addition to the strangulation, the medical examiner found that Betty’s body showed signed of blunt force injuries to the head, torso, arms, and legs. Three months later, Laura Lundquist was indicted for second degree murder. Subsequently, she was deemed incompetent to stand trial and was committed to Taunton State Hospital.

After investigation by our office into whether Betty’s death was foreseeable and therefore preventable, we filed a wrongful death lawsuit on behalf of Betty’s son, Scott Barrow. The lawsuit was filed against the nursing home and its management company, and the nursing home administrator and staff. The lawsuit’s main allegations were that the staff were not adequately trained to deal with the situation they were faced with that night, nor were they supervised, nor did they follow or know to follow the facility’s safety policies and procedures. The Plaintiff further alleged that there just was not enough qualified staff in the building.

Within days of filing the lawsuit, the nursing home, through its lawyers, filed court pleadings to force the case to binding arbitration, a form of dispute resolution that takes place outside of a courtroom without a jury. The nursing home’s position was that Scott had signed an arbitration document when his parents were admitted to the nursing home, which they claimed was a binding enforceable agreement and waived the right to a trial by jury.

We fought against the use of arbitration, because it is our position that arbitration clauses in nursing home agreements are unconstitutional, unconscionable, unfair, are signed under duress, and can be considered fraudulent inducement. Scott Barrow had neither a power of attorney nor health care proxy for his mother because, even at the age of 100, she was competent, lucid, and could freely move on her own.

A Superior Court justice allowed the nursing home’s motion, forcing the case to arbitration. The case was arbitrated and the arbitrator, who does repeat business with the defense and insurance companies, found in favor of the defendants. We brought Betty’s case to the Massachusetts Appeal Court, who then ruled in favor of Mr. Scott Barrow. The arbitration decision was vacated and the case was remanded back to the Superior Court for a trial by jury, allowing the members of the community, a jury, to decide.

Once the case was remanded, the nursing home attempted two more times to dismiss the case. First, they filed a motion to dismiss, which failed. They then filed a motion for summary judgment to remove the management people and the punitive damages claims, which also failed. The case was assigned for trial on September 12, 2016, in New Bedford Superior Court, the same courthouse that Lizzie Borden was tried and acquitted in 1893.

On September 12th and 13th of this year, the jury of fourteen was selected. Then, moments before opening statements were to be given, the case settled. The entire process had taken seven years.

Betty’s story made it to Washington D.C. and on September 28, 2016, the Centers for Medicare and Medicaid Services implemented a new rule that bars any nursing home that receives federal funding from requiring that its residents resolve any disputes in arbitration. Betty’s story was part of this change.

The new CMS rule still allows arbitration, but only as an option after a dispute has occurred and only if a resident or the resident’s representative agrees to enter into arbitration to resolve the dispute. Facilities can no longer require that residents sign binding arbitration agreements as a condition of admission to the nursing home; this is what occurred in Betty Barrow’s situation. These rule changes are a step towards protecting the rights of nursing home patients and we applaud the decision by CMS. It is our hope that the changes will reduce the amount of time that nursing home residents and their families have to endure, just to receive justice in cases of neglect, abuse, and wrongful death.

I have long been a proponent of removing arbitration clauses from the resident agreements used by nearly all nursing homes and assisted living facilities as part of the admission application process. These “take it or leave it” provisions are often buried in the fine print of the contracts signed by incoming patients. It’s only after tragic events have occurred do many people realize that the binding arbitration clause require that claims against the nursing home (even for abuse and neglect) must be brought before a private arbitration provider chosen by the nursing home. Their inclusion has delayed justice in many cases involving abuse, neglect, and wrongful death. And one of our cases, that was just recently settled, highlights the type of delays that arbitration clauses frequently create.

Scott Barrow’s goal, by filing the law suit, was to bring attention to the quality of care and the quality of life that is being provided, or not provided by nursing homes in our communities. Mr. Barrow was not motivated by money, but rather that he did not want another family to experience what his family experienced. He believed by bringing this lawsuit that it would help improve the quality of care at Brandon Woods and something like this would not happen again, at ANY nursing home. Although a verdict, which means truth, would be the ultimate deterrence of bad conduct to this nursing home and all others, the settlement and the story in this case accomplished the same goal. A problem that most of these type of cases has is that most nursing homes have liability insurance for negligence cases like this. An insurance company takes over and controls the money. A verdict against a nursing home, would be paid for by the insurance company and not by the nursing home.


The dangers of confidentiality agreements

It may sound like sensationalism but I am a firm believer that confidential settlements perform a giant disservice to the public. And after many years of representing my clients and seeing their effect, this belief has been further cemented. What are confidential agreements then and why do I consider them such a danger to the public?

In cases of nursing home abuse or neglect, the plaintiffs are bringing forth claims to seek reparations for wrongs committed against themselves or a loved one and to improve the quality of life for residents in nursing homes. Confidentiality agreements, usually part of typical settlement agreements offered by the nursing home to settle claims, defeat this second purpose. They stop plaintiffs from speaking on the specifics of their case to the general public and even their immediate family in many cases.

I believe they are a bad idea because the use of confidentiality agreements allows nursing homes to hide their wrong doing from the general public. The public is prevented from knowing the bad practices that created the lawsuit in the first place. They provide no benefit to plaintiffs and are used as a tool during settlement negotiations.

If you are involved in a settlement negotiation, it’s extremely important to discuss with your attorney the implications of confidentiality agreements because each state has variations in their laws that may affect them (be aware that some portions of a settlement may even be taxable).

In the end, confidentiality agreements are a largely unavoidable part of many settlement negotiations, and ultimately, it’s my duty to follow my clients’ wishes, even if it means accepting a settlement that includes a confidentiality clause. But, they defeat the purpose of Tort law: public safety and deterrence!

Stay informed and safe.


CMS's specialty focus facility initiative program: what is it and why it matters to anyone choosing a nursing home.

When it’s time to choose a nursing home for yourself or a loved one, making the choice can be one of the most difficult yet important decisions. And although there are many general guides on what to look for when choosing a nursing home, one resource that is still little known is the Specialty Focus Facility Initiative Program run by the Centers for Medicare and Medicaid (CMS).


What is the Specialty Focus Facility Initiative?

CMS, together with individual states, visit nursing homes on a regular basis to determine if the nursing homes are meeting the levels of care required by CMS. During these inspections, the survey teams identify any deficiencies that affect the quality of care provided or fail to meet CMS safety requirements. These deficiencies are required to be fixed, otherwise the nursing home’s participation in Medicare and Medicaid can be terminated.

Most nursing homes have some level of deficiencies, with the average being 6-7 deficiencies per survey. While many nursing homes are able to correct the issues found within a reasonable time period, a minority have more problems than other nursing homes, more serious problems, or continue to have serious problems over a long period of time. Although such nursing homes periodically instituted enough improvements in the presenting problems that they would be in substantial compliance on one survey, they would be determined as providing substandard quality of care on the next. These facilities with a “yo-yo” compliance history rarely addressed the underlying systemic problems, giving rise to repeated cycles of serious deficiencies. To address this problem CMS created the “Special Focus Facility” (SFF) initiative.


How does the SFF initiative work?

SFF nursing homes are visited twice as often as regular nursing homes in person by survey teams. Problems that persist for long periods of time result in more stringent enforcement actions including monetary fines or termination from Medicare and Medicaid.

Usually, once a facility has been identified as a SFF nursing home by CMS, one of three outcomes will occur:

  • The nursing home improves enough that they are removed from the SFF program.
  • The nursing home is provided additional time to continue in the SFF program due to promising progress.
  • The nursing home is terminated from participation in Medicare and Medicaid programs.

How can I use this information?

CMS recommends that if you are considering admission to any nursing home on this list, you should:

  • Visit the nursing home. Talk to the staff, residents, and other families that you see. Request to see the results from the last State or CMS survey.
  • Review the survey history of the nursing home on Nursing Home Compare (https://www.medicare.gov/nursinghomecompare/search.html) to see what areas may be problematic.
  • Ask the nursing home staff what they are doing to improve the quality of care for residents in the nursing home.
  • Call your state survey agency to find out more about the nursing home. Look at the length of time that a nursing home has been on the SFF list. This is particularly important if the nursing home has been an SFF nursing home for more than 18-24 months, since such nursing homes are closer to either graduating (due to improvements) or ending their participation in Medicare and Medicaid.
  • Call your local State Ombudsman, Administration on Aging, and local groups to find out more about the nursing home.

Note: Because state survey agencies are responsible for entering survey information into CMS’s databases and providing updates, data lags of up to several months can occur between completion of a survey and posting the data on this list. CMS advises interpreting the information on the SFF list cautiously and supplementing it with information from the state survey agency, information from the ombudsman’s office, or other resources.

CMS regularly updates the SFF list and makes the list available for download at their site: https://www.cms.gov/medicare/provider-enrollment-and-certification/certificationandcomplianc/nhs.html

Click here to see the current list of nursing homes on the CMS SFF list. 


The seriousness of bed sores among the elderly

Elderly 80 plus year old woman in a hospital bed.

It still surprises me that many people still don’t have a complete understanding of bed sores (also called pressure ulcers or decubitus ulcers) and just how serious it is. The name “bed sore” sounds innocuous, and can summon images of sore muscles from sitting too long or sleeping awkwardly perhaps. But it is much more serious and incredibly dangerous, even leading to death in some instances.

What are bed sores?

Bed sores are injuries to the skin and underlying tissue from prolonged pressure on the skin. They often occur on skin that covers bony areas of the body and common places for bed sores include the hips, back, ankles, and buttocks. Individuals who have conditions that limit their ability to change positions are most at risk to develop bed sores. It is a common condition for people who spend long periods in beds or wheelchairs.

How are bed sores prevented?

Bed sores can be difficult to treat depending on their severity. Treatment includes cleaning and dressing the wound along with frequent position changes in order to reduce pressure on the sore. Skin care, hydration, and turning and reposition off the pressure area at least every two hours (more often if in a wheelchair) is critical to prevention. Antibiotics will also be used to treat the infection that usually results from severe cases.

How/why do bed sores occur?

When an elderly patient or resident becomes bedridden or wheelchair bound, they are dependent on the nursing home, assisted living, or rehabilitation staff to perform frequent position changes to prevent bedsores from developing. If the staff fail to properly perform these position changes, bedsores and ulcers can develop. Besides the immediate pain that these bedsores cause, they can also lead to further deterioration of a resident’s health, including complications such as sepsis, a life-threatening infection.

How serious are bed sores as a medical issue?

As previously stated, bed sores are a very serious condition. It is not simply sore muscles or bruised tissue. “Pressure sores are graphic, ugly, smelly evidence of health care providers’ failure to take good enough care of the elderly.”–Primary Care Geriatrics Third Edition at 432. However, be forewarned that many of the pictures will be graphic in nature and not suitable for individuals who are sensitive to such imagery. But these pictures demonstrate the seriousness of what a bed sore injury looks like. At trial, when we have pictures, we place them in an envelope. This way during deliberations, the jury can decide whether they want to look at the pictures or not.


When are bed sores a form of neglect?

Bed sores may be the basis for neglect if a resident (who is bedridden or wheelchair bound) depends on caregivers at nursing homes, assisted living facilities, or rehabilitation staff to perform position changes on their behalf. If these position changes are not performed frequent enough, bed sores may occur. This failure on the part of the caregiver may form the basis for a neglect or abuse legal case.

If you or a loved one has suffered from bed sores due to lack of action from a caregiver, contact our offices for a consultation.

Bottom Line: no one should die from an undiagnosed, untreated, infected bed sore from a stay in a nursing home.