We rely on nursing homes to give our loved ones the support they need as they grow older. Many high-quality facilities in Michigan provide excellent care. However, not all nursing homes deliver the attention and treatment their residents deserve. Nursing homes can face liability under Michigan law if their failure to provide appropriate care results in patient injuries.

Bed sores are a primary concern affecting mobility-challenged nursing home residents. They can range in severity from mild redness and irritation to deep, painful open wounds that require surgical intervention. What are bed sores, and what should care professionals do to prevent them? If a nursing home resident develops bed sores, is the nursing home liable for medical malpractice or negligence?

What Are Bed Sores and Pressure Ulcers?

Bed sores, another name for decubitus ulcers or pressure ulcers, are injuries that can occur when prolonged pressure is applied to the skin in a specific area—typically where the bones are close to the skin surface, such as the hips, heels, ankles, or tailbone. Sustained pressure causes a lack of blood flow to the affected area, which causes the tissue to starve slowly. Eventually, the tissue dies, which can result in open wounds.

These ulcers are most common in patients with partially or completely limited mobility, including bedridden patients or wheelchair users. To prevent bedsores, healthcare personnel must ensure patients are repositioned regularly and keep their skin clean and dry. It can sometimes be helpful to use specialized cushions and mattresses that reduce pressure on the skin.

What Are the Nursing Home Care Standards Under Michigan Law?

Nursing homes must provide a safe and comfortable environment for their residents, including appropriate medical and personal care.

Depending on the circumstances involved, Michigan law recognizes claims of both medical malpractice and general negligence against Michigan nursing homes. The type of claim a resident or their family may be able to pursue against a nursing home is determined by the facts of that specific case. Medical malpractice can apply in cases where a nursing home fails to provide appropriate care to a resident, and that failure results in injury or harm. Michigan law also recognizes negligence claims, which can apply in cases where a nursing home breaches a duty of care it owed to a resident, causing injury or harm.

The Michigan Department of Health and Human Services and the federal government have helped to define the required standards of care in nursing homes. Nursing homes that fail to meet these standards may be liable for malpractice or negligence. Some of these standards include criteria for staffing, food and nutrition, medication management, and resident rights. If a facility does not meet these requirements, it can be fined, penalized, or shut down. Although this process does not compensate a victim of abuse or their family, such a finding can be important evidence in a claim for negligence or medical malpractice.

Some standards for nursing home care in Michigan include:

  • Appropriate staffing levels: Nursing homes must engage enough staff members to provide consistent, proper care to every resident.
  • Proper nutrition and hydration: Nursing homes must provide their residents with adequate nutrition and hydration, including meals, snacks, drinks, and specialized nutritional sustenance where necessary.
  • Medication management: Nursing homes must properly manage residents’ medications, including administering them correctly and keeping accurate, thorough records.
  • Prevention of bed sores and pressure ulcers: Nursing homes must take appropriate steps to prevent the development of bed sores and pressure ulcers, including turning and repositioning at-risk residents regularly.
  • Safety and cleanliness: Nursing homes must maintain a clean, safe environment for residents, including ensuring the facilities are free of hazards and providing clean bedding and clothing.
  • Protecting residents’ rights: Nursing homes must protect residents’ rights, including privacy, dignity, and self-determination.

If a Michigan nursing home breaches these standards, it may be liable for the resulting injuries. A lawsuit can allow the resident or their family to recover compensation for any harm they suffered.

Are Nursing Homes Liable if a Resident Has Bed Sores?

Bed sores or pressure ulcers in nursing home patients can happen due to a failure to turn and reposition immobile patients regularly. Many nursing home residents have mobility issues that may make them prone to developing pressure ulcers from excess inactivity. Other nursing home residents may be more susceptible to developing pressure ulcers because of their health conditions or medications. Because residents in nursing homes frequently have conditions that expose them to increased risk of bed sores, nursing homes have a duty to take appropriate precautions to prevent these injuries and to provide appropriate treatment when an injury does occur.

If a nursing home fails to take appropriate precautions to prevent these injuries, or if staff members fail to treat them properly when they occur, the facility may be legally responsible. A facility’s liability depends on whether it provided appropriate, adequate care. If you suspect a loved one has been neglected or received inadequate care in a nursing home, you should contact the personal injury lawyers at Sommers Schwartz. Our experienced counsel will assess the situation and determine if it is possible to hold the nursing home liable for damages.