Avoiding and Treating Pressure Ulcers in Nursing Homes, determine if the wound is vascular, aterial or pressure related
Many Ulcers are Due to the Facility’s Failure to Ensure the Resident Does Not Acquire a Pressure Ulcer or Improper Care after the Wound is Acquired
If a resident enters a facility without a pressure ulcer, the facility must not let one develop if it is unavoidable. According to 42 CFR 483.25(c) states,
(c) Pressure sores. Based on the comprehensive assessment of a resident, the facility must ensure that—
(1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable; and
(2) A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.
The Center for Medicare & Medicaid Services (CMS) defines “unavoidable” as:
The resident developed a pressure ulcer even though the facility had evaluated the resident’s clinical condition and pressure ulcer risk factors; defined and implemented interventions that are consistent with resident needs, goals, and recognized standards of practice; monitored and evaluated the impact of the interventions; and revised the approaches as appropriate.
“Avoidable” means that the resident developed a pressure ulcer and that the facility did not do one or more of the following: evaluate the resident’s clinical condition and pressure ulcer risk factors; define and implement interventions that are consistent with resident needs, resident goals, and recognized standards of practice; monitor and evaluate the impact of the interventions; or revise the interventions as appropriate.
The attached Utube video is an excellent Power Point Presentation titled Preventing & Caring for Pressure Ulcers
Pressure Ulcers are AVOIDABLE with proper care in most situations, when they are not due to a vascular or arterial problem the nursing home should not keep treating the resident and should instead refer them to qualified vascular specialist.
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.