This post is the third in a series of posts dealing with the most common form of nursing home abuse – the development of pressure ulcers and bedsores. In our previous two posts, we discussed the nursing home abuse that can lead to a Stage I bedsore followed by a Stage II bedsore. Hopefully, that nursing home abuse information was helpful to any person or family who has had a loved one suffer from a pressure ulcer or a bedsore caused by nursing home neglect. Sadly, Stage I and Stage II ulcers are not the most common types of nursing home abuse cases we handle as a New Jersey and Philadelphia nursing home abuse lawfirm. We typically deal with cases involving Stage III and Stage IV – the most serious and life-threatening pressure ulcers.
Nursing Home Abuse Lawyers Represent Victims of Stage III Bedsores
According to the National Pressure Ulcer Advisory Panel (NPUAP), a Stage III pressure ulcer or bedsore is defined as:
Full thickness tissue loss. Subcutaneous fat may be visible but bone, tendon or muscle are not exposed. Slough may be present but does not obscure the depth of the tissue loss. May include undermining and tunneling.
As we detailed in our previous posts, prevention is always the best medicine. All nursing home staff should be trained and experienced in selecting an appropriate support surface to help with redistribution, sheer reduction, and microclimate control. Typically, nursing home abuse consists of the failure of untrained, overworked, and underpaid nursing home staff to meet their legal obligations to properly perform skin assessment, and properly turn and reposition patients who are at a risk for development of pressure ulcers and bedsores. Sadly, some studies suggest that nearly 30% of all nursing home residents have a form of bedsore. When a nursing home abuse case involves a patient with a Stage III ulcer, it is always a serious medical problem, and is usually a clear sign of nursing home neglect.
Nursing Home Abuse Lawyers in New Jersey and Philadelphia
A Stage III pressure ulcer is a serious medical condition which, if not properly treated, could lead to a life-threatening Stage IV ulcer. In addition, if not properly treated, a Stage III pressure ulcer could become infected, and a nursing home patient could be at serious risk of systemic infection which can lead to wrongful death.
If you or a family member have been in a nursing home or an assisted care facility and have developed a Stage III bedsore, you should immediately contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the Mininno Law Office team earn you the compensation you need a deserve.
The Ginisi’s (Lauren, 59 and Joseph, 63) filed suit three years ago, after Joseph suffered multiple misdiagnoses at St. Vincent’s. In 2004, Joe Ginisi called his wife Laura complaining of feeling lighted headed and dizzy. At the hospital, doctors diagnosed him with vertigo and sent him home with a prescription and an order to follow-up. By February 5, his condition had worsened. He couldn’t speak on his own, and was going blind. 
The medical research is showing that these hip implants need to be removed much sooner than traditional hip implants. In addition, because these recalled hips are shedding chromium and cobalt metals into the bloodstream, research suggests that these patients will have significant inflammation and injuries to surrounding tissues and structures. Who knows what long-term damage this metal will have on these patients. Finally, these chromium and cobalt metals are circulating with the patient’s bloodstream. Again, who knows what damage these metals will have on a patient’s circulatory system, the heart or the brain.
The proposed legislation would deem doctors treating medicare patients “agents of the state,” awarding the same damage capping immunity that all Florida state employees get. But a cap that only affects the recoveries of Medicare insured patients is unconstitutional, as it makes them lesser persons, unworthy of the same compensation as those that can afford healthcare. Medical malpractice attorneys have long been against limiting liability, as it allows doctors to only answer for a portion of their negligence. And if a cap on medicare insured patients is approved, who is to say what kind of an effect that will have on the care they receive throughout the state. It certainly opens up a potential for medicare patients to begin receiving subpar care due to the limited liablity doctors will face.
In the Johnson & Johnson subsidary’s first press release, which was sent out on August 26, 2010, they boasted that they would cover “reasonable and customary costs of monitoring and treatment for services.” This was their first “offer” of compensation. This vague statement really meant nothing. DePuy refused to even acknowledge whether or not they would cover lost wages, medical expenses, or any other of the typical compensatory damages that defective product makers are required to pay to makeup for the harm they cause to their patients. In this case, if you are one of the 93,000 DePuy ASR hip implant patients and your hip implant has failed, or you are concerned about metal poisoning your system, you will likely need a second hip implant surgery. 
Haley Cobb was diagnosed with cerebral palsy shortly after her vaginal birth. Upon further investigation, it was determined that the doctor, Dr. Tara Shipman, should have performed a c-section. Failure to do so caused oxygen deprivation to Haley’s brain, and led to cerebral palsy. A 15 day trial in October won Haley’s parents, Okey and Debra Cobb, $13.9 million dollars. Also enforced was a $6.5 million dollar settlement the Cobb’s reached with other parties pre-suit. All in all, the Cobbs will receive $20.4 million for the lifetime of care and special medical necessities for their daughter, Haley.
As a DePuy recall lawyer, we tell our clients that it means nothing. Why? Because before any claims for compensation are considered, DePuy, who admittedly designed, manufactured, and sold for profit a defective hip implant to 93,000 patients, is requiring those patients to first pay for their medical expenses upfront. That’s right, if your hip implant has failed, and you need treatment or surgery, you first have to send your bills to your own health insurance company and, if you don’t have private insurance, Medicaid or Medicare. DePuy will only then consider a claim for reimbursement for any out of-pocket expenses and deductibles that are not being covered by your health insurance, Medicaid, or Medicare.
As nursing home abuse lawyers, we typically will not be called in to investigate a nursing home abuse case involving a patient with Stage I ulcer as these bedsores, if treated promptly and correctly, rarely cause a nursing home patient to needlessly suffer. However, a Stage I pressure ulcer or bedsore is medically significant. Nursing home staff and medical personnel must be trained to carefully assess and identify any nursing home patient who has a potential Stage I bedsore or pressure ulcer. Although prevention is the best medicine for a bedsore or pressure ulcer, if a nursing home fails to prevent a bedsore or pressure ulcer, the next best step is early detection.
Dr. Richard Glunk recently lost his appeal of a $20.5 million dollar