Bedsores Do Not Happen by Accident — They Happen Because of Neglect
A pressure ulcer — commonly called a bedsore or decubitus ulcer — forms when sustained pressure on the skin cuts off blood flow to the underlying tissue. In a properly staffed nursing home, residents who cannot reposition themselves are turned and repositioned every two hours around the clock. When a Nassau County nursing home fails to follow this basic standard of care, skin breaks down, tissue dies, and a wound that begins as redness can progress within days to a deep, life-threatening injury that exposes muscle, tendon, or bone.
Stage III and Stage IV pressure ulcers in nursing home residents are among the most powerful indicators of neglect recognized by courts, regulators, and medical experts. The Centers for Medicare and Medicaid Services (CMS) treats most facility-acquired pressure ulcers as a quality-of-care failure subject to federal citation under F-tag 686.
The Four Stages of Pressure Ulcers
- Stage I: Non-blanchable redness of intact skin. Treatable with proper repositioning and wound care. The facility’s failure to act at this stage is what causes progression.
- Stage II: Partial thickness loss of the dermis. Shallow open wound or blister. Still treatable if caught early.
- Stage III: Full thickness tissue loss. Subcutaneous fat may be visible. Deep crater. Often requires surgical debridement.
- Stage IV: Full thickness tissue loss with exposed bone, tendon, or muscle. Slough or eschar may be present. Life-threatening osteomyelitis (bone infection) is common. Can be fatal.
What the Law Requires Nassau County Nursing Homes to Do
Under federal and New York regulations, every nursing home resident who is admitted at risk for pressure ulcers must receive a formal pressure ulcer risk assessment using a validated tool such as the Braden Scale. Based on that assessment, the facility must develop and implement a written care plan that addresses: repositioning schedules, appropriate pressure-redistribution mattress surfaces, nutritional support, moisture management, and wound care protocols. Failure to conduct assessments, develop care plans, or follow implemented plans is actionable negligence.
What Compensation Is Available in a Nassau County Bedsore Case
Successful bedsore cases in New York have resulted in significant recoveries for victims and their families, including compensation for:
- Medical expenses for wound treatment, debridement, surgery, and hospitalization
- Pain and suffering — pressure ulcers are extraordinarily painful injuries • Emotional distress
- Wrongful death if the pressure ulcer contributed to the resident’s death • Attorney fee shifting under New York Public Health Law § 2801-d
Your loved one’s bedsore was almost certainly preventable. Call 212-347- 0656 for a free, confidential consultation with a Nassau County pressure ulcer attorney.