Pressure Sore Laws

Pressure sore laws have been created by Congress in an effort to combat rampant pressure sore formation rates in US nursing homes. Congress specifically passed a pressure sore law banning the development of preventable pressure sores in these healthcare facilities:

(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.

See, 42 C.F.R.483.25(c)

Law on Pressure Sore / Decubitus Ulcer Neglect

Pressure sore law

There are many other federal pressure sore laws that govern nursing homes and hospitals. Most states have pressure sore laws as well. These laws are useful in proving your potential bed sore lawsuit. The pressure sore laws were specifically created to benefit patients. It is critical that victims and their families understand that the government has passed pressure sore laws to protect them against hospital and nursing home neglect. Learn about the applicable pressure sore laws so that you can fully understand your legal right to be free from decubitus ulcers.

Federal Nursing Home Pressure Sore Laws Created to Prevent Nursing Home Neglect

Federal laws require nursing homes must:

1. Have sufficient nursing staff. 42 CFR §483.30
2. Upon admission, perform a comprehensive assessment of each resident’s functional capacity. 42 CFR §483.20
3. Develop a comprehensive care plan for each resident. 42 CFR §483.20
4. Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to communicate. 42 CFR §483.25
5. Provide necessary services to maintain good nutrition, grooming, and personal oral hygiene. 42 CFR §483.25
6. Ensure that residents obtain treatment and devices to maintain adequate vision and hearing abilities. 42 CFR §483.25
7. Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. 42 CFR §483.25
8. Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. 42 CFR §483.25
9. Ensure that the resident receives adequate supervision and assistive devices to prevent falls in the nursing home or development of bedsores. 42 CFR §483.25
10. Maintain acceptable parameters of nutritional status. 42 CFR §483.25
11. Provide proper hydration and sufficient fluid intake to maintain the resident’s health. 42 CFR §483.25
12. Ensure that residents do not have any medication errors. 42 CFR §483.25
13. Promote each resident’s quality of life. 42 CFR §483.15
14. Maintain the resident’s dignity and respect. 42 CFR §483.15
15. Ensure that the resident has the right to choose activities, schedules, and health care. 42 CFR §483.40
16. Supply proper prescriptions to meet the needs of each resident. 42 CFR §483.60.
17. Administer nursing home care in a manner that enables the facility to use its resources effectively and efficiently. 42 CFR §483.75
18. Maintain accurate, complete, and easily accessible clinical records on each resident. 42 CFR §483.75

Violation of any of the above federal pressure sore laws may be the subject of a valid pressure sore lawsuit. Simply put, nurses are breaking the law when they neglect patients and allow decubitus ulcers to develop. Most states also have pressure sore laws and rules against nursing home neglect; however, these laws differ state by state. There are also various laws to protect vulnerable hospital patients who have been neglected and developed bedsores. It is important to find a qualified pressure sore lawyer that understands the applicable pressure sore laws to discuss your potential case. The laws governing pressure sore and bedsore formation may vary slightly, but the bottom line is clear — bedsores should not happen.

Pressure Sore Law Violation

If you or a loved one developed pressure sores in a hospital or nursing home, you may be entitled to compensation to pay for wound care, medical bills and pain and suffering. To learn more about your rights and potential options in a pressure sore lawsuit, or if you have questions on any pressure sore laws, contact us at (561) 316-7207 to speak with a qualified nursing home abuse lawyer for free.

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