Can my mother's nursing home release her when she has open bedsores
Buffalo, NY
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Posted about 1 year ago in Nursing Home Abuse - Neglect
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Nursing Home release:
My mother is currently in a rehabilitation facility in a nursing home. We have been informed that she will be released in a couple of weeks. She has 2 open bedsores and can not walk. She needs the assistance of 2 aides and a lift to get her in and out of bed or to the bathroom. She also has a pancreatic tumor that has not been diagnosed as cancereous or not. Can she be release with open sores?
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Answers (1)Jeena R. Belil
This attorney is licensed in New York.
Posted about 1 year ago.
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The first thing to do is to document the bedsores. Take pictures of them and make sure the facility has been put on notice of them. 10NYCRR sec. 415.12 contains a list of required care and treatments that the nursing home "ensured" will happen relating to and including pressure sores.
In addition, NYCRR sec 415.12C(1) and (2) states that "the facility must ensure that 1. A resident who enters the facility whithout pressure sores does not develop pressure sores unless the individual's clinical condition demonstrates that they were unavoidable DESPITE EVERY REASONABLE EFFORT TO PREVENT THEM; and 2. A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing. If your mother can not walk, did the facility do everything possible to prevent bedsores such as wheelchair cushions, a special mattress, was she turned and re-positioned every few hours? In light of the above, the facility should be treating the bedsores, not releasing her. You may also have a potential lawsuit. It is recommended you speak with a personal injury attorney who can obtain and assess all of the facts of your mom's situation. |