$155,000.00 For Decubitus Ulcers Of Nursing Home Resident

Written by Charles J. Gale. Posted in Decubitus ulcers, Nursing Home Negligence

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Our office successfully recovered $155,000 for decubitus ulcers of nursing home resident.

Decubitus ulcers, or bedsores, result from prolonged pressure that cuts off the blood supply to the skin, causing the skin and other tissue to die. The damage may occur in as little time as 12 hours of pressure, but it might not be noticed until days later when the skin begins to break down. The skin is especially likely to develop pressure sores if it is exposed to rubbing (friction) and moving the skin in one direction and the body in another (shear), as in sliding down when the bed head is raised. Dampness (such as from perspiration or incontinence) makes the skin even more liable to develop pressure sores.

 

Nursing home residents that are immobile are at the greatest risk of getting bedsores.  This includes nursing home residents who are recovering from strokes, spinal cord injuries, nerve disorders, mental disorders, paralysis, and generally immobile residents.  Most decubitus ulcers occur in the elderly, those over the age of 70.
Nursing home residents who do not get good nutrition (malnourished or undernourished), have incontinence (problems with bladder or bowel control), diabetes, or problems with blood flow (circulation) also have increased risk.

 

A decubitus ulcer appears first as a reddened area of skin, which then starts to break down to form an open, raw, oozing wound.

Bedsores occur at areas of abnormal pressure on the body.  If the nursing home resident is sitting for a long time, this is usually the tailbone (coccyx) or buttocks area, shoulder blades, spine, or backs of the arms or legs.  If the nursing home resident is in bed for a long time, they may occur on the back of the head, ears, shoulder blades, hips, lower back, tailbone, or the backs or sides of the knees, elbows, ankles, or toes.

 

Decubitus ulcers occur in four stages.  Stage 1 has unbroken, but pink or ashen (in darker skin) discoloration with perhaps slight itch or tenderness.  Stage 2 has red, swollen skin with a blister or open areas.  Stage 3 has a crater-like ulcer extending deeper into the skin.  Stage 4 extends to deep fat, muscle, or bone and may have a thick black scab.

 

You should know that many times decubitus ulcers are the result of malpractice by the nursing home.  Malpractice can take many forms, such as failure to properly monitor the resident, or follow physicians orders regarding turning the patient on a regular schedule, or inadequate nutrition, or keeping the resident clean and dry.  The list goes on and on.

Once you begin to suspect malpractice by the nursing home, you must now prove it. Suspecting there is nursing home malpractice and proving it are two entirely different concepts. The medical records will show excellent care provided to the resident. The records will show faithful and timely bed turning, adherence to scrupulous medication schedules, excellent feeding and nutrition, constant supervision, and appropriate and attentive care. The nursing home will provide other reasons for the decline in the health of the resident. The resident has prior medical conditions. The resident is old. The resident refuses to eat. The resident is uncooperative. The resident was not careful. The list goes on and on.

If your loved one has decubitus ulcers (i.e. bed sores), or you believe your loved one may be a victim of nursing home malpractice, call our office immediately. THE LAW OFFICE OF CHARLES J. GALE has over thirty years of experience in prosecuting claims of nursing home malpractice. Call (312) 372-0300. There is no fee for the consultation. There is no fee at all unless we win and we recover.

 

$300,000 for Nursing Home Negligence of Dialysis Patient

Written by Charles J. Gale. Posted in Dialysis Patient, Nursing Home Abuse, Nursing Home Negligence

 

Nursing Home Negligence of Dialysis Patient

Nursing Home Negligence of Dialysis Patient

 

The estate of an eighty year old nursing home resident received $300,000.00 for nursing home negligence of dialysis patient.  The resident died due to nursing home negligence from a fistula bleed.

Many nursing home patients have kidney disorders that require scheduled dialysis treatments.  Frequently, these dialysis treatments are performed outside the nursing home by another facility.  The outside facility is responsible for the dialysis being performed correctly.  Upon return to the nursing home, the fistula needs to be monitored for blood flow and clotting and observed for redness, swelling or pain.  This monitoring needs to be done twice daily and documented.

In this particular case, the resident was found in bed, in a pool of blood.  The resident had simply bled to death.  The nursing home had failed to monitor the condition of the A-V fistula.  If they had, they would have discovered the blood clot and hemorrhage due to erosion of A-V fistula site.  Nursing home negligence of dialysis patient is a common occurrence for residents with a long history of being on dialysis.

Naturally, the nursing home will blame the kidney dialysis center for the defective A-V fistula.  They will argue that the nursing home does not provide dialysis treatment but simply arranges for the transportation to/from the dialysis center.  Further, since the cause of death was due to blood clotting, a condition they did not create, they should not be liable.

This of course is not the law.  In fact, the nursing home is responsible for the twice daily monitoring of the A-V fistula site.  If the A-V fistula had been monitored properly, the conditions leading to the blood clot would have been discovered and the resident would not have died.  Nursing home negligence of dialysis patient is all too common.

The nursing home will then point out the advanced age of the resident, the relatively short life expectancy of the resident, the quality of life of the resident, and the lack of a living spouse or close relative.  They will, is short, do everything they can to defeat your claim.

If you have a loved one who resides in a nursing home and you suspect nursing negligence or abuse, call our office for a free consultation.  There is no fee at any time unless we recover compensation for your family.

 

 

$475,000 for Nursing Home Abuse Resulting in Wrongful Death

Written by Charles J. Gale. Posted in Nursing Home Abuse, Wrongful Death

Nursing Home Abuse Resulting in Wrongful Death

Nursing Home Abuse Resulting in Wrongful Death

 

Our office successfully recovered $475,000 for nursing home abuse that resulted in the wrongful death of a seventy-seven year old nursing home resident.  The facts of the case are tragic.  In this case, the resident was beaten to death by his room-mate.

The nursing home naturally denied all responsibility for the acts of the assaulting resident.  But our office was able to prove that the nursing home was not only complicit, but that they themselves were guilty of nursing home abuse that resulted in the wrongful death of our client.

An investigation in the facts of the occurrence revealed that the room-mate was mentally deranged.  This fact was known to the nursing home (and hidden from us).   The mentally deranged room-mate was potentially dangerous and belonged in a psych ward.  The room-mate was twenty years younger than the resident.  The pairing of a seventy-seven year old individual with a room-mate twenty years younger was questionable and in this case highly inappropriate.  With these facts, and others,  we were able to prove that the nursing home was responsible for the death of our client.

Nursing home residents suffer abuse in many different ways.  Most of the time, the neglect is hidden.  Rarely is the abuse obvious.  The resident many times will not be able to tell you of the abuse.  Or, the nursing home employees will deny the abuse.  The nursing home records will always show excellent care provided to the resident.  However, the resident will show signs of abuse through the deterioration of his health and possibly, eventual death.  The resident may not be getting his medication.  The resident may not be fed properly.  The resident might not be supervised properly.

Nursing home malpractice most of the time only becomes apparent indirectly.  Nursing Home malpractice has many tell-tale signs.   Those signs are an increasingly unhealthy resident.  The resident will show malnutrition, infections, dehydration, unexplained injuries, pressure ulcers, rapid weight loss, falls and fractures, abrupt changes in behavior.  This list goes on and on.

Once you begin to suspect malpractice, you must now prove it.  Suspecting there is nursing home malpractice and proving it are two entirely different concepts.  The medical records will show excellent care provided to the resident.  The records will show faithful and timely bed turning, adherence to scrupulous medication schedules, excellent feeding and nutrition, constant supervision, and appropriate and attentive care.  The nursing home will provide other reasons for the decline in the health of the resident.  The resident has prior medical conditions.  The resident is old.  The resident refuses to eat.  The resident is uncooperative.  The resident was not careful.  The list goes on and on.

If you believe your loved one may be a victim of nursing home malpractice, call our office immediately.  Charles J. Gale has over thirty years of experience in prosecuting claims of nursing home malpractice.   Call (312) 372-0300.  There is no fee for the consultation.  There is no fee at all unless we win and we recover.

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Law Offices of Charles J. Gale, PC
14007 South Bell Road, Suite #254
Homer Glen, Illinois 60491

(630) 243-6409