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Putting your loved one into a North Carolina nursing home was one of the most difficult decisions in your life. You did your research and thought you had found a suitable situation. Now the knowledge that your family member developed bedsores, or pressure ulcers, due to nursing home neglect haunts you. Hold the nursing home accountable by filing a pressure ulcer nursing home lawsuit.
There is never an excuse for a patient to develop bedsores while in a nursing home or similar long-term care facility. These painful wounds occur due to lack of adequate care. They are not a “normal part of aging,” which some nursing home managers may use as an excuse.
A nursing home neglect attorney in North Carolina at Rhine Law Firm can help your family member receive the compensation they deserve for their injury and pain and suffering. Rhine Law Firm has more than 30 years of litigation experience and has recovered hundreds of millions for North Carolina clients.
What Are Bedsores and How Do They Develop?
Formally known as decubitus ulcers, bedsores can also be called pressure sores or pressure ulcers. They form due to constant pressure on the skin and are most common in immobile individuals, such as those confined to bed due to illness, paralysis or coma. People in wheelchairs may also develop bedsores in areas of the body that they cannot move.
It is up to nursing home staff to check patients daily to look for signs of bedsores, and to shift immobile patients several times a day so that bedsores do not develop. The lack of blood flow to an area keeps it from receiving sufficient oxygen and nutrients and encourages ulcer formation.
The most common areas for bedsore development include:
- Lower back
- Hips
- Buttocks
- Heels
- Knees
- Shoulder blades
- Back of the head
- Elbows
In addition, any area where the skin folds over itself is a potential location for pressure sore development. If a patient requires some type of medical equipment, such as an oxygen tube that puts constant pressure on the skin, an ulcer may form on the person’s cheeks or ears. No one would call such an injury a “bedsore,” but the cause behind it is the same.
Bedsores Can Kill
In a worst-case scenario, a patient can die from a bedsore if the infection spreads to the bloodstream. Such an infection can cause septicemia, commonly called blood poisoning. Some patients may develop gangrene, necessitating amputation of the affected area to save their lives. That is especially true if it involves the feet.
Other complications depend on the bacteria involved in the infection. This may include necrotizing fasciitis, caused by horrific flesh-eating bacteria. While a few thousand people may officially die from bedsore complications annually, the actual number is much higher, since these causes of death originating from bedsores are not listed on a death certificate.
Bedsores become infected easily, and some of the bacteria causing infection are antibiotic-resistant. Other frequent complications of untreated bedsores that may prove fatal include:
- Osteomyelitis – bone death
- Cellulitis
- Meningitis
- Gangrene
- Squamous cell carcinoma (cancer)
- Endocarditis
- Septic shock
If your loved one succumbs to complications from a bedsore, a NC wrongful death attorney can file a lawsuit on behalf of surviving family members. The deadline for filing such a lawsuit is two years from the death date.
The Four Stages of Pressure Ulcers — and Why Stage Matters Legally
The four stages of pressure ulcers are based on tissue damage depth:
Stage 1 — Reddened, Intact Skin
At the earliest stage, a bedsore consists of reddened, but intact, skin that doesn’t blanche, or turn white, when touched. By keeping the affected area clean and dry without pressure on it, and repositioning the patient every two hours, the bedsore should heal within two to three weeks. Applying a moisture barrier cream can also aid healing.
Stage 2 — Partial Skin Loss
If the first stage is not identified or treated, the pressure ulcer proceeds to stage 2, in which a shallow wound develops. Along with skin loss, blisters and abrasions may form. The injury becomes more painful. Gentle cleaning, regular repositioning, and the use of wound dressings can help stage 2 bedsores heal, which may take several weeks of ongoing monitoring.
Stage 3 — Full Thickness Skin Loss
Pressure injuries with full-thickness skin loss involve subcutaneous tissue extending to the underlying fascia but not including it. While the ulcers look like craters, there is no underlying muscle or bone exposure.
Once a pressure sore reaches this stage or higher, the medical community recognizes the injury as almost certainly resulting from neglect. At this point, a wound care specialist should examine and treat the patient. Caught at this stage, the wound may take six months or more to heal or may never heal fully.
Stage 4 — Full Thickness Tissue Loss
At this stage pressure sores manifest as full-thickness skin loss with extensive destruction, tissue necrosis, and exposure of underlying muscle, tendon, or bone. The wound may produce pus from infection and smell bad.
Treatment includes wound debridement, infection control, surgery and skin grafts. Mortality rates for residents with stage 4 bedsores are relatively high.
By the time a bedsore reaches stage 3 or 4, it is considered a catastrophic injury. Such injuries are those from which the patient will never fully recover. A catastrophic injury lawyer in North Carolina will gather valuable evidence to prove your case, including pressure ulcer photos, medical records, and expert medical testimony.
Many signs of nursing home abuse are apparent. For example, if a loved one suffers from bedsores or appears unkempt or dirty, the nursing home staff is not doing their job. Other signs of nursing abuse are more subtle, and family members should realize behavioral changes may indicate abuse.
Suspect possible nursing home abuse if a resident displays any of the following signs:
- Unexplained fractures
- Suspicious bruises, scratches or scrapes
- Signs of restraint, such as bruises on the wrists
- Frequent falls
- Unexplained weight loss
- Sudden insomnia
- Does not want to communicate
- Mood swings
Take note if your family member or other residents appear scared of particular staff members or fellow residents.
If you suspect nursing home abuse or neglect, document your suspicions thoroughly. Take photos or videos of any resident injuries and record conversations with your relative on this topic. If there were eyewitnesses to the abuse, obtain their names and contact information.
What NC Nursing Homes Are Required to Do to Prevent Bedsores
If nursing home staff does not shift an immobile person every few hours or move immobile areas of a wheelchair-bound patient, bedsores may form.
These terrible ulcers are easily preventable. In addition to repositioning the patient regularly, the nursing home staff should ensure that a patient’s skin is clean and dry. Early signs of bedsores include:
- Skin discoloration
- Fever
- Pain
If a resident cannot communicate verbally that they are in pain, the staff should have sufficient training so that they recognize non-verbal signs of discomfort. Urinary or fecal incontinence also cause skin tissue to deteriorate, so patients suffering from these issues require extra scrutiny on the part of staff. Residents with impaired sensation may not initially feel the pain associated with bedsores.
Patients with dementia, diabetes, vascular disease or low blood pressure also need additional attention as they are especially vulnerable to bedsore development. These residents often have wound healing issues. Overall, frail, thin, elderly people are at greatest risk of pressure ulcer development.
A NC premises liability lawyer can also investigate whether the nursing home is maintained in a reasonably safe condition for its residents.
Why Most Bedsore Cases Are Medical Malpractice Under NC Law
In North Carolina, bedsore claims generally qualify as medical malpractice because they arise from a failure of clinical care. Specifically, they relate to failures in skin assessment, repositioning protocols, wound care, and care plan implementation.
A North Carolina medical malpractice attorney can hold the nursing home and doctor responsible for your loved one’s injuries.
What Is Rule 9(j) and How Does It Affect Your Case?
Under NC rule 9(j), a qualified medical expert must review the case and certify that the care provided did not meet the applicable standard before the complaint is filed. This is a procedural barrier that most personal injury law firms are not equipped to handle, but a catastrophic injury lawyer in North Carolina at Rhine Law Firm has the expertise to deal with this challenge.
What Compensation Can Families Recover?
Compensation, or damages, in a NC nursing home abuse bedsore claim depends on various factors, primarily the stage and severity of the pressure ulcer. Such compensation may include:
- Medical expenses, current and future
- Loss of enjoyment of life
- Pain and suffering
In North Carolina, non-economic damages in medical malpractice are capped at $500,000, although there are limited exceptions. Most nursing home abuse bedsore cases are settled, but if the insurance company does not agree to a reasonable settlement amount, we will take your case to trial.
In some cases, punitive damages may be awarded if the nursing home bedsore lawyer in NC can prove willful or wanton conduct against the defendants. Such damages are available only in the most egregious cases, as punitive damages are meant to punish the defendant as a warning to others about the potential costs of such conduct.
Signs Your Loved One’s Bedsores Were Caused by Neglect
Signs your loved one’s bedsores are because of neglect include:
You’re First to Notice
If you are the first person to realize your family member has an untreated bedsore, that is a strong sign that neglect is the culprit. Be suspicious if the staff is aware of the injury but has never informed you.
Inaccurate Logs
Examine the patient logs. Note all the information, including the wound care notes. Inadequate or missing information is a tell that something is wrong.
Facility Conditions
Observe the facility in general. Does it appear clean and sanitary, or are there obvious red flags as far as overall hygiene? Do you have other concerns about your relative, such as unexplained weight loss, prior falls, or medication errors? That may indicate a pattern of negligence.
Staffing Issues
Many nursing homes have high staff turnover or too few employees looking after too many residents. If the facility appears to have staffing problems, the odds are good that your loved one is not being repositioned as often as necessary.
What to Do If You Discover Bedsores on a Nursing Home Resident
If you discover that your loved one, or anyone you are visiting in a nursing home has a bedsore, notify the staff immediately. Document everything by taking photos of the bedsore and the bedding and room conditions. Ask to see the resident’s medical chart and their individualized care plan.
If your discovery involves a stage 1 or 2 bedsore, discuss a treatment plan with the nursing home management and your family member’s doctor. Monitor your loved one’s condition and healing rate.
When the pressure ulcer has already advanced to stage 3 or 4, it is an emergency. Take the resident or arrange to have them taken to the emergency room for evaluation and treatment, or call 911.
Consult a bedsores nursing home neglect lawyer in NC to discuss your loved one’s situation and options.
“Bedsores are one of the clearest warning signs that a nursing home resident may not be receiving proper care. Families should never accept pressure ulcers as an inevitable part of aging when regular repositioning, skin monitoring, and basic preventive care can often keep these serious injuries from developing.” – Joel Rhine
Contact Rhine Law Firm — Free Consultation
If your family member was a victim of nursing home neglect and developed serious bedsores, schedule a free nursing home bedsore consultation today with an experienced Rhine Law Firm bedsore lawyer. Since we work on a contingency basis, you pay no fee unless you receive compensation.
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1612 Military Cutoff Road,
Suite 300
Wilmington, NC 28403
Contact Rhine Law Firm — Free Consultation
If your family member was a victim of nursing home neglect and developed serious bedsores, schedule a free nursing home bedsore consultation today with an experienced Rhine Law Firm bedsore lawyer. Since we work on a contingency basis, you pay no fee unless you receive compensation.
Nursing Home Bedsore FAQ
What is the statute of limitations for filing a North Carolina nursing home bedsore lawsuit?
The deadline for filing a nursing home bedsore lawsuit is three years from the date of injury. However, you should consult a nursing home pressure ulcer attorney in North Carolina as soon as possible so that evidence is not lost. They will handle all negotiations with the nursing home’s insurance company.
Are bedsores considered a form of elder abuse?
Depending on the circumstances, bedsores in a nursing home environment can be considered a type of elder abuse.
Who can be named as a defendant in a nursing home bedsore lawsuit?
Every case is unique, but in many situations, the nursing home owners and doctors attending the resident can be sued in a nursing home bedsore lawsuit.
What Our Clients Say
Hire Us for Your Nursing Home Abuse Claim
Placing a loved one in a nursing home is an act of trust. When that trust is broken through neglect, physical abuse, or financial exploitation, the harm can be devastating, and in the most serious cases it can lead to a wrongful death.
Our firm can help you hold negligent caregivers, facilities, and their insurers financially responsible for your loved one’s medical expenses, the cost of moving to safer care, and most importantly, the pain, suffering, and loss of dignity they have endured.
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