If your loved one developed bed sores, also called pressure ulcers or pressure injuries, while living in an Oklahoma nursing home, the condition may be related to inadequate repositioning, nutrition, hydration, skin care, or other failures in the resident’s care. Whether a nursing home or another party may be legally responsible depends on the resident’s condition, the care provided, the facility’s records, and the evidence connecting the alleged neglect to the injury.
Oklahoma nursing home regulations address resident care practices that can help prevent pressure injuries, including proper skin care, hydration, nutrition, body alignment, positioning, and turning bed residents every two hours or as needed to prevent pressure areas. If your loved one developed bed sores and you suspect inadequate care, an Oklahoma nursing home injury attorney can review the circumstances and help you understand your legal options.
Our firm, the Law Offices of Jeff Martin, proudly represents clients in Tulsa, Oklahoma, and the surrounding areas across Eastern Oklahoma, including the communities of Bartlesville, McAlester, and Muskogee.
Written by Jeff Martin, Attorney, Law Offices of Jeff Martin
What Are Bed Sores and Pressure Ulcers?
Bed sores, also called pressure ulcers or pressure injuries, are areas of skin and underlying tissue damaged by prolonged pressure or other forces such as friction and shearing. They are more common in people who have limited mobility and cannot regularly change position without assistance.
What Causes Bed Sores?
Bed sores can develop when prolonged pressure reduces blood flow to an area of the body, particularly when a person cannot reposition themselves. Friction, shearing, dehydration, malnutrition, and inadequate skin care can also increase the risk.
Multiple factors can cause bed sores. The following are some common causes:
- Constant pressure on the skin
- Inadequate or lack of blood flow
- Friction between the skin and bedding or clothing
- Shear – the skin moves away from the bone
- Dehydration
- Malnutrition
In Oklahoma nursing facilities, resident care rules address practices that can help prevent pressure injuries, including proper skin care, hydration, nutrition, body alignment, positioning, and turning bed residents every two hours or as needed to prevent pressure areas.
In a nursing home, inadequate care may increase the risk of pressure injuries when:
- The nursing staff fails to move the patient regularly
- The nursing staff neglect or fails to reposition the resident, thereby causing friction
- The nursing staff fails to provide the resident with food and water, thus causing malnutrition and dehydration
If you believe that inadequate nursing home care may have caused or worsened your loved one’s pressure injury, an attorney can review the circumstances, medical records, and facility records to help determine whether a legal claim may exist. Your legal counsel can investigate every aspect of your case and determine who may be liable for the bed sore injury.
Who May Be Liable for a Nursing Home Bed Sore Injury?
A nursing home, its employees, a medical provider, or another responsible party may potentially be liable for a bed sore injury depending on the facts of the case and the evidence showing who was responsible for the resident’s care and treatment.
Depending on the facts of the case, potentially responsible parties may include:
- The care facility or its owner for insufficient staff or negligence in failing to provide a safe environment
- The nursing staff for neglecting the patient or failing to provide adequate care
- The administrators, managers, or other personnel responsible for hiring and supervising the staff
- The doctor or medical professional for failing to diagnose or treat the bed sores
- A third party that offers professional services to nursing home residents
An experienced Oklahoma nursing home injury attorney can help investigate the circumstances, identify potentially responsible parties, and evaluate whether the evidence supports a negligence or other legal claim. Reach out today to schedule a free consultation so we can discuss the details of your case.
How Do You Prove Negligence in a Nursing Home Bed Sore Case?
To prove negligence in a nursing home bed sore case, the claimant generally needs evidence showing that the responsible party owed the resident a duty of care, failed to meet that duty, and caused an injury that resulted in legally compensable damages.
When seeking damages for a nursing home bed sore injury, the claimant must show the following elements:
- The at-fault party owed the patient a legal duty of care.
- The at-fault party violated or breached their expected duty
- That breach or neglect caused or contributed to the patient’s pressure injury
- The patient suffered monetary damages due to the injury
A knowledgeable lawyer can help file your bed sore claims, seek to prove negligence and establish liability, and negotiate a fair settlement with the insurance provider.
What Oklahoma Rules Apply to Nursing Home Bed Sore Claims?
Oklahoma nursing homes are governed by the Nursing Home Care Act and the Nursing and Specialized Facilities Rules in OAC Chapter 675. The Oklahoma State Department of Health identifies these laws and regulations as the state framework for nursing home operations and resident care.
Oklahoma’s nursing facility rules require basic nursing and personal care as needed and address several practices relevant to preventing pressure injuries. These include providing proper skin care to prevent skin breakdown, offering fluids to maintain hydration, following proper nutritional practices, supporting proper body alignment and positioning, and turning bed residents every two hours or as needed to prevent pressure areas.
If a resident develops a pressure ulcer, the resident’s medical condition, care plan, nursing records, repositioning records, nutrition and hydration records, treatment history, and other evidence may help determine whether the care provided met the applicable standards.
When Can I File a Nursing Home Bed Sore Lawsuit?
A nursing home bed sore claim may lead to a lawsuit when the responsible parties and their insurers cannot resolve the claim fairly, but the applicable legal deadlines and requirements depend on the facts and type of claim involved.
If the claim cannot be resolved through the insurance or settlement process, the appropriate next step may be to file a lawsuit against one or more potentially responsible parties. The legal requirements and deadlines depend on the facts of the case and the type of claim involved.
A successful claim may allow the injured resident or another legally authorized claimant to recover damages available under applicable law. An attorney can help evaluate the claim, prepare the necessary filings, and represent the claimant through the litigation process if a lawsuit is appropriate.
How Can a Nursing Home Bed Sore Attorney Help?
A nursing home bed sore attorney can help investigate the resident’s care, identify potentially responsible parties, gather medical and facility records, evaluate evidence of negligence, and pursue compensation when a legally supportable claim exists.
When a nursing home resident develops a pressure injury and inadequate care may have contributed to it, the family may need to review medical records, care plans, facility records, and other evidence to understand what happened.
At the Law Offices of Jeff Martin, our attorneys are poised and ready to support and protect the best interests of individuals who have been affected by nursing home neglect. Using our in-depth legal understanding, we can walk you through the often-complex bed sore claim procedures.
Contact Us ASAP – Our experienced nursing home injury attorneys can help you understand your options, protect your loved one’s interests, and pursue the compensation available under the law.
Common Questions About Nursing Home Bed Sore Claims
No, neglect is not the only cause of bed sores. Other factors that can contribute to their development include poor nutrition, dehydration, incontinence, and friction or shearing from sliding down in a bed or chair.
In Oklahoma, neglect in a nursing home is defined as the failure to provide necessary care and services to a resident, resulting in harm or compromised health. This can include neglecting basic needs such as food, water, medication, hygiene, and protection from hazards.
In Oklahoma, neglect in a nursing home is defined as the failure to provide necessary care and services to a resident, resulting in harm or compromised health. This can include neglecting basic needs such as food, water, medication, hygiene, and protection from hazards.
If you suspect nursing home neglect, document your concerns, report them to the appropriate facility or state authorities, and seek medical or legal guidance when necessary. Keep records of injuries, changes in the resident's condition, communications with staff, and other information that may help establish what happened.
Depending on the circumstances, concerns may be reported to the Oklahoma State Department of Health or the long term care ombudsman program. A legal consultation may also help determine whether the available evidence supports a civil claim.
Yes. Nursing home neglect may result in civil liability and, in some circumstances, regulatory or criminal consequences. Whether a particular situation leads to a lawsuit, administrative action, or criminal investigation depends on the conduct involved and the evidence available.
A civil claim may seek damages for injuries or other legally compensable losses when the evidence supports liability.
Bed sores can often be reduced by regularly repositioning residents, providing appropriate nutrition and hydration, maintaining skin care, using suitable support surfaces, and monitoring the skin for early signs of pressure injury. Oklahoma nursing facility rules specifically address skin care, hydration, nutrition, positioning, and turning bed residents every two hours or as needed to prevent pressure areas.
The appropriate prevention measures depend on the resident's medical condition, mobility, care plan, and individual needs.
If your loved one develops bed sores in a nursing home, seek appropriate medical care, document the injury, ask the facility how the pressure injury developed and is being treated, and preserve records of the resident's care. Photographs, medical records, care notes, and communications with the facility may later help determine whether inadequate care contributed to the injury.
If you suspect neglect, you can also report your concerns to the appropriate authorities and consult an attorney about your legal options.
Potentially responsible parties may include the nursing home, its employees, administrators, medical providers, or third party service providers, depending on the facts of the case. Liability depends on who was responsible for the resident's care, what care was provided, and whether the evidence connects a failure in care to the pressure injury.
An investigation may include medical records, care plans, staffing information, facility records, and other evidence.
A nursing home bed sore negligence claim generally requires evidence showing a duty of care, a failure to meet that duty, a connection between that failure and the pressure injury, and legally compensable damages. Evidence may include medical records, photographs, care plans, repositioning records, facility records, witness statements, and other documentation showing the resident's condition and care.
The specific evidence needed depends on the circumstances of the claim.
Depending on the circumstances, compensation may include medical expenses and other legally recoverable damages related to the resident's injury. The damages available can depend on the nature and severity of the injury, the losses involved, the responsible parties, and the type of claim being pursued.
In some cases, additional damages may be available under Oklahoma law, but they are not automatic and depend on the specific facts and legal requirements.
The deadline for filing a nursing home bed sore claim in Oklahoma depends on the type of claim and the parties involved. Different limitation periods or special rules may apply to negligence, medical liability, wrongful death, or claims involving governmental entities.
Because missing an applicable filing deadline can affect your legal rights, it is important to have the circumstances reviewed promptly by an Oklahoma attorney.
Medical documentation can be important evidence in a nursing home bed sore case because it can show the resident's condition, treatment, progression of the pressure injury, and care provided. Relevant records may include medical charts, wound assessments, treatment records, photographs, care plans, repositioning records, and documentation of communications about the resident's condition.
These records can help establish whether the resident's care was consistent with the applicable standards and whether the alleged failure in care contributed to the injury.
A wrongful death claim may be possible when a resident's death was caused by the wrongful act or omission of another, but whether a nursing home or another party is legally responsible depends on the evidence and the applicable Oklahoma law. Medical records, treatment history, facility records, and other evidence may be important in determining whether inadequate care contributed to the resident's death.
Wrongful death claims have specific procedural and legal requirements, so the circumstances should be reviewed promptly by an Oklahoma attorney.
