Pressure injuries, also called bedsores, develop from prolonged pressure on a person’s skin. They often arise from immobility, particularly affecting those with paralysis and spinal cord injuries. These injuries are prevalent in nursing homes, hospitals, and assisted living facilities. Legal protection is essential concerning pressure injuries, as they are frequently preventable with proper care. When pressure injuries occur due to neglect, patients and their families may pursue legal action.
Texas has many laws and regulations protecting patients from pressure injuries. Specific rules apply to nursing homes and assisted living facilities. Texas Health and Human Services (HHS) regulates nursing homes under Texas Administrative Code Title 40, Chapter 19. Under these regulations, facilities must follow minimum care standards to prevent and treat pressure ulcers. Facilities’ failure to provide the proper care could result in fines, license suspension, or legal action. Additionally, federal protections assist in preventing pressure injuries. The Nursing Home Reform Act of 1987 forces facilities to prevent pressure injuries through the proper skin care protocols. The Centers for Medicare & Medicaid Services (CMS) categorizes avoidable pressure ulcers as “never events,” meaning they are fully preventable with the proper care.
Regulations regarding hospital practices and medical malpractice laws also aid in combating improper care. The Texas Medical Liability Act (TMLA) governs medical malpractice claims. Hospitals that fail to prevent or treat pressure sores may face lawsuits for negligence. Texas law states that patients have numerous rights that protect them from negligent care. They have the right to receive adequate medical treatment. If there is a failure to prevent or properly treat pressure injuries, these rights may be violated, potentially leading to legal recourse.
There is a required standard of care for health care facilities in Texas. These facilities are expected to frequently reposition immobile patients, use pressure-relieving devices such as special mattresses or cushions, and perform regular skin assessments and timely interventions. If a facility fails to perform these standard practices, negligence may be considered. Negligence is a failure to provide a certain standard of care. Gross negligence, which is deliberate disregard for patient safety, may also be considered in certain situations.
Various common violations in health care facilities and rehabilitation centers lead to legal action. Understaffing and lack of proper care may lead to neglect, which results in unmonitored patients developing pressure injuries. A failure to document or treat patients’ wounds may also lead to legal action. An incomplete or inaccurate record of a patient’s pressure injury often indicates neglect. Delayed and improper treatment, such as inadequate wound care and lack of medical intervention, displays neglect and may lead to worsening injuries. In cases of negligence, pressure sores may develop into infections and sepsis, resulting in life-threatening infections and potential wrongful death claims.
Victims of pressure injuries may receive various forms of compensation. Victims may receive economic damages such as medical expenses (hospital stays, wound care, rehabilitation) and future care costs (home health services, mobility aids). They may also receive noneconomic damages such as pain and suffering along with emotional distress. Punitive damages may apply in certain cases of gross negligence or reckless conduct. It’s important to understand the legal rights patients and their families have when negligence leads to pressure injuries. If you or someone you love has been affected by pressure injuries due to negligence, contact the Cole Law Firm to set up a consultation. We would be happy to help you receive the compensation you deserve.