Nursing home fails to minimize damage from bed sores.
Lipkin & Higgins was contacted by the adult children of a 78 year old woman who entered a nursing home following a stroke. The stroke had left her totally dependent on staff for care. Within 3 months the resident devloped a bed sore (decubitus ulcer) on her ankle. Within another 3 months, she developed additional bed sores on her buttocks and legs.
Under the Illlinois Nursing Home Act a resident must be provided care and treatment which is free of neglect, meaning, care which adequately meets the resident's physical and emotional needs. The failure to do so, resulting in a worsening of the resident's condition, violates the resident's rights, for which those operating the nursing home can be held liable.
The development of bed sores does not automatically mean a resident has been neglected. Sometimes, sores can develop despite reasonable precautions being taken. Not so in this case. Lipkin & Higgins was able to prove that the unfortunate woman entered the nursing home without any breakdown of her skin, and that adequate precautions had not been taken to prevent bed sores- for instance, turning the resident in her bed every 2-4 hours, placing her on an air mattress, and placing cushions under her feet.
As a result of these sores, the resident underwent multiple debridements, or surgical removal of her infected, dead skin. She died a few months later, of natural causes.
Successful Resolution: $170,000
We pursued the case on behalf of the 2 adult, surviving children, obtaining a $170,000 settlement on the eve of trial.