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My friend, who is up in age, spent 10 days in the hospital for a UTI. Although steps were taken by the hospital staff to prevent bedsores, he developed one at Stage 1.
No. No lawyer will take such a suit. Law suits, sadly, must first depend upon how much money a lawyer can MAKE on the suit compared to time he must SPEND. Lawsuits are for the most part limited to recovery of 250,000 for personal injury. Sounds like a lot, but isn't. And that injury will be judged by A)How young you are B) how serious and permanent the loss is C) on whether you will need life long care and again, how young are you D) by whether or not best practices were done but injury occurred nevertheless due to factors (age, condition, nutrition, et al) E) Whether you losses due to injury will prevent you over time from earning what you were earning BEFORE the injury. And on and on. That is to say a young person who was willfully neglected and ended up paralyzed below the neck with two children to support and in need of life care? That person has a CHANCE of winning suit. People say this all the time. Ask anyone on this Forum "Have you ever won a medical malpractice suit OTHER THAN a class action suit". It is my feeling you won't find a single one? But you may be lucky and find one. Then ask about the suit. Class actions are for the most part a waste as well. The lawyer gets about 3,000 people with black lung, files, gets a potload in settlement and gets a percentage of that potload, and then the 3,000 divvy up the remainder and get about 217.00 for about 100 hours of paperwork and submitted medical histories. ALL OF THAT SAID The bedsore should be reported to JCAHO. If the institution has a lot of them occurring they can lose medicare and receive frequent visits to insure they are doing best practices. And all of THAT said, the important thing is to keep this from progressing. They are deadly. And even that won't count. If anyone doubts this, do make some calls to attorneys in your area to verify. And NEVER pay on your own. If they don't want it on contingency, then they are saying it isn't a winner in any way other than their making a few bucks.
Ricky, what would be the basis for the cause of action? What injuries has he suffered? Are they permanent or temporary?
These are a few of the questions that would be addressed. In addition, as I've written here before, med mal attorneys when I worked in that field typically had all medical records reviewed by a physician practicing in a comparable area. If the reviewer felt malpractice existed, it was considered by the law firm. If the reviewer did not, the attorney advised the potential client there was no case.
Also at that time, the reviewing physician testified in court; that was probably the best evidence that malpractice occurred, when another practicing physician concluded it was.
Unfortunately bedsores happen even with good care. The elderly have such tender skin.
Sometimes the elderly don’t even tell anyone that they have a sore because they are embarrassed about it. The sores aren’t always easily seen either if they are in a spot that isn’t visible.
My mom did this to me. I bathed her and didn’t even see the sore because it was so low on her body.
Mom didn’t even tell her doctor about it. She finally told me and by that time it took awhile to heal.
Fortunately mom had a nurse that had experience in treating wounds and it eventually healed.
It is better to focus on getting treatment for the wound rather than a lawsuit.
It may be hard to prove that your friend wasn’t receiving proper care.
Best wishes to your friend. I hope the wound heals nicely and that they are being proactive in preventing future wounds.
It's difficult for all concerned when a less-than-desirable medical outcome was not able to be prevented. I was just talking to the spouse of someone who went in to have "routine" surgery (I think it was outpatient), and ended up in ICU on a vent in kidney failure. All reasonable steps had been taken to protect him, but something else was obviously in play here and he was in that small percent which have sudden complications. (He's much better now, by the way). Even with all the patient and family went through, I highly doubt if anything was done "wrong" by the doctor, hosp, etc. It's also my understanding that malpractice suits are incredibly stressful for all concerned (plaintiff or defendant) and both parties are scrutinized/criticized/marginalized/etc for the duration of the case - which can be years. Advice given to me over the years is that one should be pretty darned sure they've got a case before even considering a malpractice suit. I've been told both parties are put through the wringer and people (especially the plaintiffs) are not always prepared for that.
My mother never had a bed sore for twenty years and a ten day stay in the hospital she got one. I help the RN take care of my mom during the day but at night I sleep. One night the aids put her on her back and next day reddened coccyx and slight open area. I gave them instructions not to put her on her back, she is also on aspiration precautions. We are still treating her wound, very small but open area. She goes to the wound center and has an RN visit each week. She is slow at healing due to diabetes. I did not sue the hospital, just taking more precautions and I help the nurse at night now when she is in he hospital. Elders skin is fragile.
As others stated, no case here. Stage 1 is redness but no skin breakdown (visible). As long as they are making an effort to reposition and are now treating it the staff are taking appropriate action. Bedsores happen due to a combination of factors- while #1 is from not repositioning the body other important issues are nutritional status & generalized inflammation from illness which makes folks more susceptible to skin breakdown. Try to add more protein to the person’s diet as the body needs protein to build new tissue. Maybe get them to order an egg crate or alternating pressure mattress. Usually for stage one a barrier cream or a duoderm dressing prevents more breakdown. Good luck to you!
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Where is the tort in this case? If there is no tort, you have no case.
That is to say a young person who was willfully neglected and ended up paralyzed below the neck with two children to support and in need of life care? That person has a CHANCE of winning suit.
People say this all the time. Ask anyone on this Forum "Have you ever won a medical malpractice suit OTHER THAN a class action suit". It is my feeling you won't find a single one? But you may be lucky and find one. Then ask about the suit.
Class actions are for the most part a waste as well. The lawyer gets about 3,000 people with black lung, files, gets a potload in settlement and gets a percentage of that potload, and then the 3,000 divvy up the remainder and get about 217.00 for about 100 hours of paperwork and submitted medical histories.
ALL OF THAT SAID
The bedsore should be reported to JCAHO. If the institution has a lot of them occurring they can lose medicare and receive frequent visits to insure they are doing best practices.
And all of THAT said, the important thing is to keep this from progressing. They are deadly. And even that won't count.
If anyone doubts this, do make some calls to attorneys in your area to verify. And NEVER pay on your own. If they don't want it on contingency, then they are saying it isn't a winner in any way other than their making a few bucks.
There's no case here.
These are a few of the questions that would be addressed. In addition, as I've written here before, med mal attorneys when I worked in that field typically had all medical records reviewed by a physician practicing in a comparable area. If the reviewer felt malpractice existed, it was considered by the law firm. If the reviewer did not, the attorney advised the potential client there was no case.
Also at that time, the reviewing physician testified in court; that was probably the best evidence that malpractice occurred, when another practicing physician concluded it was.
Sometimes the elderly don’t even tell anyone that they have a sore because they are embarrassed about it. The sores aren’t always easily seen either if they are in a spot that isn’t visible.
My mom did this to me. I bathed her and didn’t even see the sore because it was so low on her body.
Mom didn’t even tell her doctor about it. She finally told me and by that time it took awhile to heal.
Fortunately mom had a nurse that had experience in treating wounds and it eventually healed.
It is better to focus on getting treatment for the wound rather than a lawsuit.
It may be hard to prove that your friend wasn’t receiving proper care.
Best wishes to your friend. I hope the wound heals nicely and that they are being proactive in preventing future wounds.
Bedsores happen due to a combination of factors- while #1 is from not repositioning the body other important issues are nutritional status & generalized inflammation from illness which makes folks more susceptible to skin breakdown.
Try to add more protein to the person’s diet as the body needs protein to build new tissue.
Maybe get them to order an egg crate or alternating pressure mattress. Usually for stage one a barrier cream or a duoderm dressing prevents more breakdown.
Good luck to you!
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