Bed sores or pressure ulcers can constitute a sign of neglect, especially if the condition progresses to stages 3 and 4. Health authorities categorize these as never events because they are generally preventable. However, to win a legal claim, you must prove that the facility’s care fell below the accepted standard.

The state’s standards on nursing care

Under Kentucky law, your loved one has a statutory right to receive adequate nursing and personal care based on their needs. This includes preventative measures for pressure ulcers.

While not a statutory rule for all facilities, nurses should turn and reposition patients at least every two hours to prevent tissue death. However, the frequency can depend on the patient’s medical care plan and medical necessity.

The result of a failure of care

When a facility fails to provide adequate care, the blood flow to the skin becomes restricted. This causes tissue death, which can progress to stage 3 or 4 bed sores if left unaddressed. These open wounds leave muscle and bone vulnerable to life-threatening infections.

Taking action against a never event

Discovering bed sores on your loved one can be heartbreaking and overwhelming. You may take legal action, but Kentucky law typically requires you to file a Certificate of Merit. This document confirms that a qualified professional has reviewed your loved one’s case and found it has merit.

Additionally, you need to file a medical malpractice claim within one year of the date you discovered your loved one’s injury. Seeking legal counsel can offer guidance on your situation.