Maryland Nursing Home Negligence Blog

Legionnaires' disease is caused by a bacteria known as Legionella that is often found in water.  People may contract this disease if they breathe in mist or vapor, or drink water containing Legionella bacteria.  The most common result of an infection is acute pneumonia.   

Legionnaires' disease is not contagious and has a 2 to 14 day incubation period.  Symptoms of the disease include fever, cough, headaches, muscle aches, nausea, vomiting and chills.  Legionnaires' disease is treated with antibiotics and can be fatal especially in the elderly.

Legionella bacteria often develops and grows in warm water environments including hot water tanks, cooling towers, plumbing systems, air conditioning systems, and hot tubs. 

Legionnaires' disease outbreaks may occur at long-term care facilities including nursing homes or assisted living facilities.  The Howard County Health Department issued a Media Release dated November 8, 2011 reporting the recent death of an elderly male resident of the Lighthouse Senior Living Facility in Ellicott City, Maryland due to Legionnaires' disease.

According to the Howard County Health Officer Dr. Peter Beilenson, there does not appear to be any other cases among residents at this time.  It is reported further that the Howard County Health Department is working in conjunction with the Maryland Department of Health and Mental Hygiene ("DHMH") and Lighthouse Senior Living to assure the safety of other residents at the facility and to ensure that appropriate remediation measures occur.   

Please feel free to contact the lawyers at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if a family member or loved one has contracted Legionnaire's disease secondary to nursing home and/or assisted living facility exposure. 

Nursing home residents may be at risk of developing bedsores (also known as pressure ulcers or decubitus ulcers) as a result of their underlying health problems and immobility issues.  A pressure sore/decubitis ulcer is a bedsore that comes from lying or sitting in the same position too long and is associated with pain.  These pressure sores are generally avoidable so long as the nursing home staff: (1) provides proper preventative care (including turning, or repositioning, residents); and (2) develops, implements and (when necessary) updates a comprehensive care plan to prevent pressure ulcers from occurring and to prevent pressure sores from deteriorating. 

In order to comply with the minimum standards of care, nursing homes must: (1) ensure that a resident entering the facility without pressure ulcers does not develop them unless the resident's clinical condition demonstrates that they were unavoidable; and (2) ensure that a resident having pressure ulcers receives necessary treatment and services to promote healing, prevent infection and prevent new ulcers from developing.  This includes turning and repositioning the resident at least every two hours while in bed.

Nursing home residents are often placed in chairs (including wheelchairs or Geri-chairs) for long time periods and even allowed to nap in these chairs for hours at a time.  Sitting residents experience more pressure to their buttocks area than they would experience if lying down, preventing the blood from flowing into those points.  Pressure must be relieved by turning or repositioning such residents more frequently than residents lying in bed.

The federal government has developed clinical practice guidelines requiring residents who are sitting to be repositioned at least every hour.  According to Clinical Practice Guideline Number 15 for Treatment of Pressure Ulcers published by the United States Department of Health and Human Services in December of 1994:

While Sitting.  Interface pressure may be particularly high over sitting surfaces.  When a pressure ulcer has formed on such a surface, the individual should avoid sitting.  If pressure on the ulcer can be totally relieved, the person can sit for a limited time.  Proper postural alignment, distribution of weight, balance, stability, and continuous pressure relief are important positioning considerations for the sitting individual.  A written plan for the use of positioning devices should be developed and implemented.  An individually prescribed seat cushion should be used and donut-type devices should be avoided.  Sitting individuals should be repositioned at least every hour and should shift their weight every 15 minutes if possible.  If hourly repositioning is not feasible, the individual should be returned to bed.

(Emphasis added).

Unfortunately, in our cases, we have encountered situations where nursing home residents were allowed to sit for hours at a time without being repositioned and pressure sores developed.  Once a bedsore/pressure ulcer/decubitis ulcer develops, it can be difficult to reverse, become infected and quickly progress to a stage 3 or stage 4 decubitus ulcer.  A stage three ulcer involves full-thickness skin loss and damage or necrosis of subcutaneous tissue that may extend to, but not through, the underlying fascia.  The ulcer appears as a crater, with or without undermining of adjacent tissue.  A stage four ulcer involves full-thickness skin loss with extensive destruction, tissue necrosis, or damage to muscle, bone, or supporting structures (e.g., a tendon or a joint capsule).

With stage 3 or 4 pressure ulcers, the extent of the disease may not be evident because of covering necrotic material.  To establish the extent of the disease and promote healing, the necrotic material needs to be removed and surgical consultation may be required.  When ulcers develop over bony prominences, osteomyelitis is a potential complication.  Pressure ulcers are chronically contaminated wounds and the combination of bacteremia and pressure sores can result in sepsis and death.   

Please feel free to contact the lawyers at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury as a result of bedsores/pressure sores/decubitus ulcers or elderly abuse or neglect

Maryland COMAR Regulation 10.07.02.12 sets forth the responsibilities of the Director of Nursing in Maryland nursing homes.  Pursuant to Maryland COMAR Regulation 10.07.02.12G, the Director of Nursing is responsible for, among other duties, "planning for the total nursing needs of patients to be met" and "execution of patient care policies."  This section may ultimately support a cause of action against the Director of Nursing in a nursing home negligence case involving bedsores (also known as decubitus ulcers or pressure ulcers). 

Under Maryland's nursing home regulations, nursing homes are required to file a signed copy of the agreement between the Nursing Home Administrator and the Director of Nursing that, among other things, specifies the duties of the Director of Nursing.  This information can be obtained from the State via public information request and we routinely obtain this information in our cases.

Most qualified medical experts would agree that the standard of care applicable to nursing homes requires the nursing home staff to ensure that a resident entering the facility without pressure ulcers does not develop them unless the resident's clinical condition demonstrates that they were medically unavoidable.  The nursing home staff must also ensure that a resident having pressure ulcers receives necessary and proper wound care treatment and services to promote healing, prevent infection and prevent new ulcers from developing.  The nursing home staff must relieve pressure by turning and repositioning the resident at least every two hours while in bed and every hour while in a Geri-chair or wheelchair, maintain adequate nutrition and hydration, and prevent contractures of the extremities.

Unfortunately, once a bedsore has progressed to stage 3 and stage 4, it can be difficult to achieve healing and avoid painful and life-threatening complications such as osteomyelitis (infection of the bone) and sepsis (blood infection). 

Please feel free to contact the nursing home neglect lawyers at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, medication error/prescription mistake, elder abuse or elder neglect.

A decubitus ulcer/pressure sore is a bed sore caused by unrelieved pressure on the skin that comes from lying or sitting in the same position too long and is associated with pain.   
Unfortunately, once a bedsore progresses to stage 3 and stage 4 and becomes infected, it is difficult to achieve healing and avoid painful and potentially fatal complications.  These individuals may develop osteomyelitis (infection of the bone) and sepsis (blood infection) ultimately resulting in death. 

The standard of care applicable to nursing homes requires the nursing home staff to ensure that a resident entering the facility without pressure ulcers does not develop them unless the resident's clinical condition demonstrates that they were medically unavoidable.  The nursing home staff must also ensure that a resident having pressure ulcers receives necessary and proper wound care treatment and services to promote healing, prevent infection and prevent new ulcers from developing.  The nursing home staff must relieve pressure by turning and repositioning the resident at least every two hours while in bed and every hour while in a Geri-chair or wheelchair, maintain adequate nutrition and hydration, and prevent contractures of the extremities.

Nursing homes oftentimes have pre-printed turning and repositioning forms that are filled out/checked at the end of every shift by nurses who may not personally do the actual turning and repositioning of the patient.  In these circumstances, the nursing home's lawyers may then try to use these forms to support their contention that the patient was turned and repositioned every two hours as ordered by the physician.

In litigating nursing home negligence cases, we have learned that many nursing homes utilize a computer/kiosk record keeping system requiring the nursing home geriatric nursing assistants who provides care (including turning and repositioning) to the patient to make an entry in a computer kiosk each and every time they turned and repositioned a patient.  These computer entries may be even used by registered nurses when they submit monthly MDS (Minimum Data Set) records to the State, but these records may not physically make their way into a patient's chart.  We have encountered situations where the nursing home and their lawyers do not produce these records unless Plaintiffs' counsel propounds discovery requests specifically requesting these computer/kiosk records.  In the event that the nursing home is not subsequently able to produce computer/kiosk records showing that the patient was turned and repositioned every two hours, this will be very powerful evidence of negligence. 
 
It is therefore advisable to include the following Request in Plaintiffs' Request for Production of Documents in a bedsore/pressure sore/decubitus ulcer nursing home negligence case:

A complete copy of all of Defendant's files regarding Plaintiff including but not limited to medical records, nursing home admission records, computer records, kiosk records, log records or other documents containing written or computer entries regarding Plaintiff made by geriatric nursing assistants, certified nursing assistants or other nursing assistants that were/are maintained separately from Plaintiff's medical records at [insert name of nursing home].

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Please feel free to contact the nursing home neglect attorneys at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, medication administration error/prescription mistake, elder abuse or elder neglect.

Many nursing homes now include arbitration agreements among the mountain of paperwork that they have patients or their families sign at the time of admission to the nursing home.  These arbitration agreements attempt to prevent jury trials in the event of later allegations of injuries or death resulting from nursing home negligence. Rather, such disputes would be decided by arbitrators often chosen by the nursing home and subject to rules and procedures dictated by the nursing home.

Many people have no idea what they are signing at this very stressful time of their lives as they are focusing on ensuring that their family member or loved one gets necessary medical care.  As a result, it is common for family members to sign these arbitration agreements without reading the documents and/or giving any thought whatsoever as to later ramifications. 

Under Maryland law, if a mentally competent patient signs such an arbitration agreement at the time of admission to a nursing home, he or she will likely be bound by its terms down the road. 

It is often the case, however, that a family member or loved one signs the admitting nursing home paperwork.  Executed nursing home arbitration agreements typically are not even a precondition to the patient receiving treatment or services.  In situations where someone other than the resident signs the arbitration agreement and the patient may receive health care without signing the arbitration agreement, the Court will focus its analysis as to whether the arbitration agreement is binding upon whether the individual who signed the arbitration agreement was authorized to waive the resident's access to the courts and right to a trial by jury.  See Dickerson v. Longoria, 995 A.2d 721 (Md. 2010).  Importantly, evidence of authority to make health care decisions and financial decisions are not relevant to this analysis.  Instead, there must be evidence that the resident authorized decisions to be made on their behalf regarding access to courts and right to jury trial.      

Please feel free to contact the nursing home neglect attorneys at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, medication error/prescription mistake, elder abuse or elder neglect.

Pursuant to Maryland law, an assisted living program may not provide services to individuals who at the time of initial admission (as established by the initial assessment) would require: (1) more than intermittent nursing care; (2) treatment of stage 3 or stage 4 ulcers; (3) ventilator services; (4) skilled monitoring, testing, and aggressive adjustment of medications and treatments where there is the presence of, or risk for, a fluctuating acute condition; (5) monitoring of a chronic medical condition that is not controllable through readily available medications and treatments; or (6) treatment for a disease or condition which requires more than contact isolation.  See COMAR 10.07.14.22.I. 

This regulation requires assisted living facilities to request and obtain a resident specific waiver of care for a resident who sustains a stage 3 or stage 4 pressure ulcer while in the facility.

A pressure ulcer is a bed sore caused by unrelieved pressure on the skin that comes from lying in the same position too long and is associated with pain.    Assisted living residents may experience pressure from their bed and/or chair to certain points on their skin preventing the blood from flowing into those points.  Because the blood is not allowed to flow into those points, the skin, deprived of nutrients and oxygen, can become injured and susceptible to infection. 

Unfortunately, once a bed sore has progressed to stage 3 and stage 4, it is difficult to achieve healing and avoid painful and life-threatening complications.  These patients may develop osteomyelitis (infection of the bone) and sepsis ultimately resulting in death. 

Please feel free to contact the nursing home/assisted living neglect lawyers at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, medication error/prescription mistake, elder abuse or elder neglect.

According to Taber's Medical Dictionary, sepsis is defined as "the spread of an infection from its initial site to the bloodstream, initiating a systemic response that adversely affects blood flow to vital organs."  This condition can prove fatal and is a common cause of death in the elderly population including nursing home residents.

Sepsis can result from numerous conditions including bedsores (also known as pressure ulcers or decubitus ulcers).  A pressure ulcer is a bed sore caused by unrelieved pressure on the skin that comes from lying in the same position too long and is associated with pain.    Nursing home patients experience pressure from their bed and/or chair to certain points on their skin preventing the blood from flowing into those points.  Because the blood is not allowed to flow into those points, the skin, deprived of nutrients and oxygen, can become injured and susceptible to infection. 

Nursing home residents may be at risk for bedsores as a result of their underlying health problems and/or immobility issues.  The United States Centers for Disease Control and Prevention ("CDC") published a paper in February of 2009 entitled "Pressure Ulcers Among Nursing Home Residents: United States, 2004" concluding that "pressure ulcers are serious and common medical conditions in U.S. nursing homes, and remain an important public health problem." 

The standard of care applicable to nursing homes requires the nursing home staff to ensure that a resident entering the facility without pressure ulcers does not develop them unless the resident's clinical condition demonstrates that they were medically unavoidable.  The nursing home staff must also ensure that a resident having pressure ulcers receives necessary and proper wound care treatment and services to promote healing, prevent infection and prevent new ulcers from developing.  The nursing home staff must relieve pressure by turning and repositioning the resident at least every two hours while in bed and every hour while in a Geri-chair or wheelchair, maintain adequate nutrition and hydration, and prevent contractures of the extremities.

Unfortunately, once a bed sore has progressed to stage 3 and stage 4, it is difficult to achieve healing and avoid painful and life-threatening complications.  These patients may develop osteomyelitis (infection of the bone) and sepsis (blood infection) ultimately resulting in death. 

Oftentimes, the death certificate will list sepsis as the primary cause of death and include osteomyelitis and/or decubitus ulcers as contributing death factors.  In these circumstances, it may be advisable to consult with an attorney if you have reason to believe that the bedsores developed at the nursing home and were not timely diagnosed and/or treated.

Please feel free to contact the nursing home neglect attorneys at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, medication error/prescription mistake, elder abuse or elder neglect.

Under current Medicare guidelines, hospitals are no longer reimbursed for additional care resulting from pressure ulcers (also known as bed sores or decubitus ulcers) as the government has determined that development of bed sores at a hospital is a so-called "never event."  Additionally, hospitals cannot bill patients directly for such care.  The denial of reimbursement for such reasonably preventable treatment errors should provide hospitals with financial incentive to institute and implement appropriate patient safety measures geared toward preventing the development of bedsores. 

While there has been discussion about extending this policy to include long term care facilities including nursing homes and assisted living centers, nursing homes are not presently subject to these guidelines.  Nursing homes are therefore presently permitted to receive payment for care and treatment related to bedsores that develop in their facilities, while hospitals cannot.  This writer firmly believes that these Medicare "never events" guidelines should be extended to include nursing homes and other long term care facilities so that these facilities will have the same financial incentive as hospitals do to improve patient safety measures relating to preventing the development of bedsores.

Like hospital patients, nursing home residents are often at risk for developing bedsores as a result of their underlying medical problems and/or mobility issues.
 
A pressure sore/decubitus ulcer is a bedsore caused by unrelieved pressure on the skin that comes from lying in the same position too long and is associated with pain.  Patients experience pressure from their bed and/or chair to certain points on their skin preventing the blood from flowing into those points.  Because the blood is not allowed to flow into those points, the skin, deprived of nutrients and oxygen, can become injured and susceptible to infection.

A stage 1 ulcer presents as redness of the skin without a break in the skin and represents tissue injury that does not disappear when pressure is relieved.  A stage 1 ulcer is classified as nonblanchable erythema with intact skin.  Erythema is redness of the skin produced by congestion of the capillaries.  Erythema is the initial reactive hyperemia caused by pressure, and nonblanchable erythemia represents stage 1 pressure ulcer.

A stage 2 ulcer is characterized by partial-thickness skin loss, that is, the epidermis is interrupted as an abrasion, blister or shallow crater.

A stage 3 ulcer features full-thickness skin loss involving damage or necrosis of subcutaneous tissue that may extend to, but not through, the underlying fascia.  The ulcer appears as a deep crater, with or without undermining of adjacent tissue. 

A stage 4 ulcer involves full-thickness skin loss (exposing bone or muscle) with extensive destruction, tissue necrosis, or damage to muscle, bone, or supporting structures (e.g., a tendon or a joint capsule).

Once a bed sore has progressed to stage 3 and stage 4, it is difficult to achieve healing and avoid painful and potentially fatal complications.   With stage 3 or stage 4 pressure sores, the extent of the disease may not be evident because of covering necrotic material or eschar.  To establish the extent of the disease and promote healing, the necrotic material needs to be removed and surgical consultation may be required.  When ulcers develop over bony prominences, osteomyelitis is a potential complication.  Pressure ulcers are chronically contaminated wounds and the combination of bacteremia and pressure sores can be painful and life threatening.

Fortunately, as reflected by Medicare's "never event" guidelines, pressure ulcers may be entirely avoidable so long as proper care and preventative measures are instituted and implemented by the health care provider.  The time is right to extend these "never event" guidelines to include nursing homes and other long term care facilities.

Please feel free to contact the nursing home neglect attorneys at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, medication error/prescription mistake, elder abuse or elder neglect.

Nursing homes patients often require physical therapy and/or occupational therapy as part of their rehabilitation process.  These residents may be at risk for falling as a result of numerous factors including physical and/or cognitive disabilities, muscle weakness, or side effects of medications.  We have encountered situations where nursing home residents have experienced falls during physical therapy or occupational therapy treatments.  These falls may be the result of improper and/or inadequate supervision by the nursing home staff.

According to the United States Center for Disease Control and Prevention ("CDC"), the average nursing home resident experienced 2.6 falls per year.   The CDC reports further that approximately 10% to 20% of nursing home falls result in serious injuries, and approximately 1,800 nursing home residents die each year as a result of falls.

Sadly, a nursing home resident's fall may result in significant disability, functional decline, reduced quality of life and even death.  Of particular concern, are traumatic head and brain injuries resulting from nursing home falls that do not receive immediate medical attention and treatment. 

Traumatic brain injury (also called intracranial injury) occurs when an outside force traumatically injures the brain and may result when the head suddenly and violently hits an object following a fall.  The severity of traumatic brain injury ranges from mild (a brief change in consciousness or mental status) to severe (extended period of unconsciousness or loss of memory) based upon a scale called Glasgow coma scale. 

The United States National Institute of Health ("NIH") has reported that approximately half of severely injured patients will need surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue).  Even if the fall victim has no visible signs of brain injury, brain bleeding or swelling may begin slowly and result in pressure on the brain as the blood has nowhere to escape.  As the pressure increases, brain cells begin to die with devastating results.  

It is therefore critical to prevent falls in nursing home residents through the use of proper preventative measures and precautions, and carefully monitoring of nursing home residents by the nursing home staff.  In the event that head trauma results from a fall, the nursing home staff must take immediate steps to ensure that the injury is immediately evaluated by the patient's doctor or an outside hospital. 

A sample Maryland Circuit Court Complaint involving claims of nursing home negligence relating to a nursing home fall sustained during physical therapy treatment follows:

COMPLAINT

 Plaintiff, [insert name], by his attorneys, hereby file this Complaint against Defendants, [insert names], and in support thereof states as follows:

PARTIES AND JURISDICTION

 1.   At all times material to this case, Plaintiff has been a citizen and resident of the State of Maryland. 
 2. At all times material to this case, [insert Defendants] have been operating nursing homes and engaging in the practice of medicine and rehabilitation services in Baltimore City and throughout Maryland, acting through actual and/or apparent agents, servants and/or employees.
 3. The venue for this claim is proper in Baltimore City, Maryland.  The amount in controversy exceeds Thirty Thousand Dollars ($30,000.00).

FACTS COMMON TO ALL COUNTS

4. At all times mentioned and relevant herein, [insert Defendant] has been licensed by the State of Maryland to own and operate nursing homes in Maryland and has held itself and its agents, servants and employees out to the general public as experienced, competent and capable providers of medical and rehabilitation services, and in such capacity owed a duty to [insert name] to render that degree of medical care and skill which is ordinarily rendered by those who devote special study and attention to the practice of medicine and rehabilitation services. 
5. At all times mentioned and relevant herein, all individuals at [insert Defendant] who participated in the care provided to Plaintiff were acting on behalf of [insert Defendant] and within the scope of their employment and/or agency with [insert Defendant].
6. On or about [insert date], [insert name] was admitted to [insert name of nursing home] for rehabilitation services after being discharged from [insert name of hospital] where he had been treated for a right-sided, middle cerebral artery stroke with resulting left hemiplegia, left hemisensory loss and left neglect.
7. As part of his rehabilitation therapy at the nursing home, [insert name] received physical and occupational therapy.
8. [Insert name]'s initial history and physical examination revealed that he had significant left-sided hemiparesis and neglect with deficits in his sitting balance and gait.  It was also noted that [insert name] had poor insight into his deficits.
9. [Insert name] underwent a physical therapy evaluation on [insert name] during which it was noted that he had poor trunk control and poor sitting balance in a wheelchair.  It was also documented that [insert name] was prone to abrupt position changes in the wheelchair and had a tendency to push himself to the left until he was leaning over the left arm of the wheelchair.  The therapist also noted that [insert name] had decreased vision and impaired perception of spatial relations on the left side.
10. [Insert name] was noted to be at high risk for falls because of the deficits described above, as well as his history of a previous fall in [insert date].  Under these circumstances, the standard of care required the nursing home staff to implement appropriate fall precautions at all times with [insert name].
11. On [insert date], [insert name] fell out his wheelchair while receiving physical therapy.  Predictably, he fell to his left side and struck the left side of his head and body on the floor.  [Insert name] was initially unresponsive following the fall, and a rapid response team was called in to evaluate him. [Insert name] was transported to the hospital and he underwent a CT scan of the head that showed extensive intracranial hemorrhage.  [Insert name]'s mental status was noted be waxing and waning with episodes of somnolence.  [Insert name] also complained of pain in his left side, and a subsequent CT scan of his abdomen revealed a hematoma in his left psoas region.  Over the next few days, [insert name] developed anemia secondary to internal bleeding and required multiple blood transfusions.  He was also noted to have multiple contusions secondary to his fall.
12. [Insert name] was ultimately discharged from the hospital and transferred to nursing home for further rehabilitation.  Since his discharge from the hospital, [insert name] has suffered multiple seizures and continued deficits in his mental status and functioning that his doctors have causally related to the fall and intracranial hemorrhage that he suffered on [insert date].

COUNT I (Professional Negligence)

13. The Plaintiff incorporates all of the allegations contained in the above paragraphs as if those allegations are set forth in this Count.
14. Defendant, individually and through their actual and/or apparent agents, servants and/or employees, owed [insert name] a duty to exercise reasonable care in their treatment of him.
15. Defendant, individually and through its actual and/or apparent agents, servants and/or employees, breached the above-described duty of care to [insert name], thereby deviating from the applicable standards of care, and were otherwise negligent, careless and reckless in that they, among other things:
a. failed to implement appropriate fall precautions for [insert name] despite the fact that he was know to be at high risk for falls;
b. failed to utilize appropriate restraints on [insert name]'s wheelchair despite the fact that he had poor sitting balance and was observed to be prone to abrupt position changes and leaning heavily toward his left side while in the wheelchair; and
c. were otherwise negligent and violated the applicable standards of care.
16. As a direct and proximate result of the above-described deviations from the applicable standards of care and breaches of duty by Defendant, [insert name] was caused to sustain serious, painful and permanent injuries to his body, including great physical and mental pain and suffering.
17. As a further direct and proximate result of the above-described deviations from the applicable standards of care and breaches of duty by Defendant, [insert name], among other things, was forced to undergo medical treatment, and, as a result, was obliged to expend sums of money for medical, hospital and other care and treatment and was precluded from engaging in his normal and usual pursuits and activities, among other injuries and damages.
18. Had Defendant followed the appropriate and applicable standards of care, [insert name] would not have suffered the above-identified injuries and damages.
19. The injuries and damages herein complained of were directly and proximately caused by the negligence and want of care of Defendant, with no negligence on the part of [insert name] contributing thereto.
WHEREFORE, Plaintiff requests that a judgment be entered against the Defendant for compensatory damages in excess of Thirty Thousand Dollars ($30,000.00) and any other relief to which this Court finds him entitled.

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Please feel free to contact the nursing home neglect lawyers at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of a nursing home fall, bedsores (also known as pressure sores or decubitus ulcers), medication error/prescription mistake, dehydration, malnutrition, elder abuse or elder neglect.