When you place a parent or grandparent in a Tallahassee nursing home or assisted living facility, you do so with a fundamental expectation that they will be kept safe, clean, and comfortable. You trust these institutions to provide the professional level of care that can no longer be provided at home.
However, one of the most common and distressing injuries reported in Florida long-term care facilities is the development of pressure ulcers, also commonly known as bedsores, or their clinical term, decubitus ulcers.
At Brooks, LeBoeuf, Foster, Gwartney, & Hobbs, we often hear the same excuse from facility administrators that bedsores are just an inevitable part of a patient’s care. But as experienced personal injury attorneys with decades of experience, we can tell you that that reasoning is far from the truth. In almost all cases, an advanced stage bedsore is entirely preventable with proper medical care. If a bedsore is discovered early, when it’s just a reddened non-blanchable area, the wound can be healed with good nursing and medical attention. But once the wound progresses into the tissues underlying the skin, it can be nearly impossible to close, and the open wound is an open door to infection.,
If your loved one has developed an advanced stage bedsore, there is too much at stake to ignore it. Give our firm a call at 850-605-3555or fill out our online contact form to schedule a free consultation and discuss your next steps.
What Exactly Are Bedsores?
A bedsore is a localized injury to the skin and underlying tissue, usually over a bony part of the body such as the heels, hips, or tailbone (called a sacral ulcer). These sores are caused by external pressure that cuts off blood flow to the skin. Without the oxygen provided by blood flow, the tissues begin to die. Sacral ulcers can start when someone is not kept clean and dry. Urine and feces are excoriating to the skin, and so it’s important to keep the incontinent clean and dry.
Medical professionals categorize bedsores into four stages:
- Stage 1: The skin is intact but red and does not turn white when pressed.
- Stage 2: The outer layer of skin is broken, creating a shallow open sore or blister.
- Stage 3: The wound extends into the fat tissue below the skin.
- Stage 4: The most severe stage, where damage reaches the muscle, tendon, or bone.
Why Bedsores Are Rarely Just Accidental
It is a common misconception that bedsores are just accidents. In fact, in clinical settings, bedsores are typically regarded by the Centers for Medicare & Medicaid Services (CMS) as a primary indicator of the quality of a facility. In fact, Medicare considers a bedsore a “never event” because it should never happen. For comparison, other “never events” are wrong-site surgery and retained surgical instruments in the body. In short: There’s just no medical excuse for bedsores to develop.
Why? Because the human body does not develop a Stage 3 or 4 pressure ulcer overnight. It is a slow, painful process of tissue decay. For a bedsore to reach an advanced stage, multiple failures in care must occur simultaneously. When a facility claims a bedsore was accidental, they are often trying to hide a failure in staffing, monitoring, or basic hygiene protocols.
Similar Post: Florida Nursing Home Safety Concerns Rise: Is It Time to Allow Granny Cams?
Why Do Bedsores Happen in Tallahassee Nursing Home Facilities?
In our decades of practicing law in North Florida, we have identified three primary reasons why these preventable injuries occur:
1. Failure to Turn and Position The Resident
Most immobile residents must be moved every two hours to prevent bedsores. This is known as the two-hour turn clock. If a resident cannot move themselves, staff must physically reposition them at least every two hours to relieve pressure. When a facility is understaffed, this is often the first task that gets skipped.
2. Poor Nutrition and Dehydration
Skin health depends on hydration and proper protein intake. If a nursing home fails to monitor a resident’s diet, their skin becomes thin and fragile, making it much more susceptible to breaking down under even light pressure.
3. Incontinence Issues
Moisture is the enemy of skin integrity. If a resident is left in soiled linens or adult diapers for extended periods, the skin begins to soften and break down. This allows bacteria from waste to enter the wound, leading to life-threatening infections like sepsis.
What Families Should Look For When Visiting Their Loved One’s Nursing Home
If you have a loved one in a Tallahassee facility or elsewhere in Florida, you are their first line of defense. During your visits, be on the lookout for:
- Unusual Odors: A foul smell in the room can indicate an infected, hidden wound; bedsores often have a rotting odor.
- Changes in Mobility: If your loved one suddenly stops wanting to sit up or move, they may be trying to avoid the pain of a developing bedsore.
- Staff Avoidance: If staff members are vague about when your loved one was last turned or seem defensive when you ask to see their skin, this is a major red flag.
- Sudden Weight Loss: As mentioned, malnutrition and bedsores go hand-in-hand.
Brooks, LeBoeuf, Foster, Gwartney, & Hobbs Tip: If you discover a bedsore, take photographs of it immediately, but don’t unwrap a wound yourself; wait for nursing staff to change a dressing so as to not be accused of introducing infection into the wound. These photos can be vital evidence if you later pursue a claim for neglect.
The Danger of Sepsis and Wrongful Death
The reason we take bedsore cases so seriously at Brooks, LeBoeuf, Foster, Gwartney, & Hobbs is because they are frequently a precursor to wrongful death.
An open Stage 4 wound is a gateway for bacteria. For an elderly resident with a weakened immune system, a localized infection can quickly turn into sepsis, which is an inflammatory response that leads to organ failure. When a family loses a loved one to natural causes following a long stay in a nursing home, a closer look at the medical records often reveals that a neglected pressure ulcer was the true catalyst for the decline.
Similar Post: When Neglect Becomes Deadly: Wrongful Death Claims in Florida Nursing Homes, Group Homes, and Assisted Living Facilities
How a Tallahassee Nursing Home Abuse Attorney Can Help
Navigating a claim against a long-term care facility in Florida is complex. These facilities are often owned by large corporations with deep pockets and aggressive legal teams. To hold them accountable, you need a firm that understands the specific regulations governing Florida nursing homes.
When you hire Brooks, LeBoeuf, Foster, Gwartney, & Hobbs, we immediately take the following steps:
- Secure the Nursing Home’s Records: We subpoena the facility's staffing logs and turn sheets to see if the required care was actually performed.
- Consult Medical Experts: We work with wound care specialists and nursing experts to prove that the injury was avoidable.
- Investigate Staffing Levels: We look at whether the facility was intentionally understaffed to increase corporate profits.
- Demand Full Compensation: This includes compensation for the resident’s pain and suffering, medical expenses to treat the wound, and, in some cases, punitive damages to punish the facility for gross negligence.
Brooks, LeBoeuf, Foster, Gwartney, & Hobbs: Serving Nursing Home Residents and Their Families in Tallahassee and Beyond
If you suspect your loved one is suffering from neglect, do not wait for the facility to fix the problem. By the time a bedsore is visible to a family member, the neglect has likely been happening for weeks.
At Brooks, LeBoeuf, Foster, Gwartney, & Hobbs, we offer a free, confidential consultation to families in Tallahassee and across North Florida. We operate on a contingency fee basis, meaning you pay nothing unless we successfully recover compensation for your family.
Your loved one spent their life caring for others; now it is your turn to protect them. Let us help you hold the negligent parties accountable. Call us today at 850-605-3555 or fill out our online contact form to schedule a free consultation.
Frequently Asked Questions About Bedsores
Can a nursing home facility be sued if the resident refused to be turned?
While residents have the right to refuse care, the facility still has a duty to educate the resident on the risks of refusal and to attempt alternative methods of pressure relief. Simply saying they didn't want to move is rarely a valid legal defense for a Stage 4 bedsore.
How long do I have to file a nursing home neglect claim in Florida?
Florida has a two year statute of limitations for nursing home abuse. It is critical to consult with an attorney as soon as possible to ensure your rights are protected and critical evidence is preserved.
Does a bedsore always mean the facility is negligent?
While a Stage 1 bedsore can occasionally happen despite good care, a Stage 3 or 4 bedsore is almost always a sign of a breakdown in the standard of care. We evaluate each case individually to determine where the failure occurred.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.