Bedsores Often Lead to Lawsuits -- and Improved Care
Feb. 8, 2000 (Atlanta) -- The development of pressure ulcers, also known as bedsores, often leads to malpractice suits, but legislation is improving the quality of nursing home care, according to two reports in the January issue of the Journal of theAmerican Geriatric Society. Experts say pressure ulcers, which are seen as an indicator of the quality of nursing home care, are largely preventable.
When Congress passed the Omnibus Reconciliation Act of 1987, every aspect of nursing home law was changed. The regulations require a nursing home to make a detailed assessment of a resident's condition when he or she is admitted, to create a detailed plan of care based on the assessment, and to maintain the resident at the highest possible level of functioning.
Bedsores occur in people unable to change position in bed. In order to prevent these ulcers, the person needs to be turned frequently, often every two hours. The development of pressure ulcers is often complicated by bladder or bowel incontinence.
In order to evaluate how well this legislation has improved nursing home care, researchers reviewed over 170 pressure ulcer cases recorded in the last 60 years. Settlements greater than $50,000 were defined as favorable for the plaintiff; settlements less than $50,000 were defined as favorable for the defense.
The data showed that over 90% of these cases were recorded just in the last 15 years, and 75% involved nursing homes. After Congress passed the reform act, the number of pressure ulcer cases brought to the court increased significantly. However, the amount of money awarded in each case remained the same. The chief investigator says the law is working as intended.
"Even though the number of identified pressure ulcer cases increased after the legislation, the percentage of successful plaintiff cases did not," says Richard Bennett, MD, executive medical director of the Johns Hopkins Geriatrics Center and associate professor of medicine at Johns Hopkins University School of Medicine in Baltimore. "The regulations provided plaintiff attorneys with the means to develop cases and defense attorneys with the means to disprove them." Bennett tells WebMD that family members should take an active role in prevention.
Bedsores Often Lead to Lawsuits -- and Improved Care
Feb. 8, 2000 (Atlanta) -- The development of pressure ulcers, also known as bedsores, often leads to malpractice suits, but legislation is improving the quality of nursing home care, according to two reports in the January issue of the Journal of theAmerican Geriatric Society. Experts say pressure ulcers, which are seen as an indicator of the quality of nursing home care, are largely preventable.
When Congress passed the Omnibus Reconciliation Act of 1987, every aspect of nursing home law was changed. The regulations require a nursing home to make a detailed assessment of a resident's condition when he or she is admitted, to create a detailed plan of care based on the assessment, and to maintain the resident at the highest possible level of functioning.
Bedsores occur in people unable to change position in bed. In order to prevent these ulcers, the person needs to be turned frequently, often every two hours. The development of pressure ulcers is often complicated by bladder or bowel incontinence.
In order to evaluate how well this legislation has improved nursing home care, researchers reviewed over 170 pressure ulcer cases recorded in the last 60 years. Settlements greater than $50,000 were defined as favorable for the plaintiff; settlements less than $50,000 were defined as favorable for the defense.
The data showed that over 90% of these cases were recorded just in the last 15 years, and 75% involved nursing homes. After Congress passed the reform act, the number of pressure ulcer cases brought to the court increased significantly. However, the amount of money awarded in each case remained the same. The chief investigator says the law is working as intended.
"Even though the number of identified pressure ulcer cases increased after the legislation, the percentage of successful plaintiff cases did not," says Richard Bennett, MD, executive medical director of the Johns Hopkins Geriatrics Center and associate professor of medicine at Johns Hopkins University School of Medicine in Baltimore. "The regulations provided plaintiff attorneys with the means to develop cases and defense attorneys with the means to disprove them." Bennett tells WebMD that family members should take an active role in prevention.
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