NNote: Wayne’s story is a fictional scenario presented to help illustrate how medical malpractice can result in bed sores, and how someone may bring a claim against a hospital or healthcare provider for compensation.
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Bed sores, also known as pressure ulcers or decubitus ulcers, can be painful and, in severe cases, life-threatening. If left untreated, they can lead to severe infections and prolonged hospital stays.
Bed sores are preventable, and when a provider fails to take the necessary precautions to prevent bed sores, they may be liable for medical malpractice.
In this article, we will define medical malpractice, explore a provider’s role in preventing bed sores, and discuss legal options if you or someone you love has been affected by this type of negligence.
Understanding Bed Sores and Medical Malpractice
Bed sores can develop when there is prolonged pressure on the skin, usually due to limited mobility. They are common among patients who are bedridden, in wheelchairs, or unable to move without assistance.
Preventing bed sores requires diligent care and frequent repositioning, especially in medical facilities. Medical malpractice occurs when a healthcare provider fails to fulfill their duty to prevent bed sores, resulting in harm to the patient.
Medical malpractice can be committed by doctors, nurses, and other health professionals involved in a patient’s care. When these professionals fail in their duty to prevent bed sores, the patient or their family may have grounds to file a medical malpractice claim.
This claim can be brought against the individual medical professional or the hospital, nursing home, or healthcare facility where the care was provided.
The Four Elements of a Medical Malpractice Claim
To bring a successful medical malpractice claim, the injured patient must prove four essential elements:
- Duty of Care: The medical professional owed the patient a duty of care, which includes preventing bed sores.
- Breach of Duty: The provider breached their duty by failing to take adequate preventive measures.
- Causation: The provider’s negligence directly caused the patient’s bed sores or worsened their condition.
- Damages: The patient suffered harm or injury, leading to additional medical bills, pain, suffering, and emotional distress.
Stages of Bed Sores
Bed sores progress through four stages, each increasing in severity and risk of complications. Understanding these stages can help determine the extent of the patient’s injuries and support a medical malpractice claim.
- Stage 1: Red or discolored skin with irritation but no open wound.
- Stage 2: A shallow wound forms, typically blistering or a small ulcer.
- Stage 3: A deep wound extending into the skin’s fatty layer.
- Stage 4: Severe damage reaching muscles, tendons, and possibly bone, with tissue loss.
Proper care can prevent bed sores from reaching these advanced stages. If a patient’s condition progresses without intervention, this may be evidence of negligence.
Bed Sore Prevention
Bed sores are largely preventable, and healthcare professionals have a duty to take appropriate measures to minimize their occurrence. Preventive steps include:
- Skin Care: Regular inspection, washing, and drying of the skin, especially if the patient is incontinent.
- Repositioning: Frequently turning or repositioning bedridden patients to relieve pressure on vulnerable areas.
- Pressure Relief Devices: Using specialized mattresses and cushions to reduce pressure on the patient’s body.
- Hydration and Nutrition: Ensuring that patients receive adequate hydration and nutrition to support skin health.
When a hospital or medical provider fails to follow these preventive measures, they may be liable for medical malpractice if the patient develops bed sores.
Who is Responsible?
Responsibility for bed sores in a medical malpractice claim can fall on individual healthcare providers, facilities, or both. Here’s how:
- Individual Medical Professionals: Doctors, nurses, or caregivers may be directly responsible if they fail to prevent bed sores through neglect or inadequate care.
- Hospitals and Facilities: If the facility’s policies, staff shortages, or lack of resources contribute to a patient developing bed sores, the facility may be held liable. For example, if a patient developed bed sores due to understaffing, the hospital may be responsible for medical malpractice.
Facilities can also be sued for corporate negligence, which occurs when hospitals fail to implement proper policies, procedures, and training for bed sore prevention, resulting in harm to the patient.
Under the Arkansas Civil Justice Reform Act, each defendant in a medical malpractice case is liable only for their portion of the damages, eliminating joint liability.
This means each party’s liability is based on their degree of fault, making it essential to determine all responsible parties in a medical malpractice claim.
Arkansas Law on Medical Malpractice Claims for Bed Sores
The Arkansas Medical Malpractice Act governs medical negligence and malpractice in Arkansas. Medical malpractice occurs when a healthcare provider’s negligent actions cause injury to a patient. For instance, if a patient’s bed sores are caused by the negligence of a nurse or caregiver who failed to reposition the patient regularly, the patient or their representative may have grounds for a medical malpractice claim.
In both Arkansas and Oklahoma, medical malpractice laws support patients’ rights to seek compensation for harm caused by negligent healthcare.
A skilled medical malpractice attorney can help assess the specific details of your case, determine who may be liable, and guide you through filing a claim.
Steps to Take if You Suspect Medical Malpractice for Bed Sores
If you or a loved one has developed bed sores due to suspected negligence, here are steps you should consider:
Consult with a Medical Malpractice Attorney: An attorney specializing in medical malpractice can help evaluate your case, gather evidence, and determine whether you have grounds for a claim.
Document the Injuries: Take photographs of the bed sores, noting any progression through the stages.
Gather Medical Records: Obtain records related to care, including evidence of repositioning or lack thereof.
Wayne’s Story
Wayne had a medical condition that required surgery. After the operation, he spent many days in a hospital bed recovering from the operation. His nurse was new at the hospital, and her supervisor was in charge of checking in on her. The supervisor failed to fulfill this duty.
In time, Wayne developed bed sores that resulted in sepsis— his body had an extreme reaction to an infection.
Wayne’s nurse had not been taking preventative measures to ensure he didn’t get bed sores, so he got an attorney. Wayne needed a lawyer to determine if he could sue both the hospital for negligent supervision of a new employee and his nurse for medical malpractice.
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If you or a loved one has developed bed sores due to the medical malpractice of a caregiver or facility, we are here to help.
Here at The Law Offices Of Craig L. Cook, we specialize in medical malpractice. Combined, we have been serving clients in Arkansas and Oklahoma for over 40 years.
Do you have questions or need help with your claim? Book a free consultation with us to get started!
You deserve the best medical care, and we can help you recover damages when you receive anything less than the best.