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Clarification of minimal care

Jefferson, GA |

I was recently advised that nursing homes are only required to provide minimal care to its residents in regards to wound care and sores. I am confused as to what exactly is minimal care? Does this mean just wrapping a sore with gauze but not medicating or cleansing sores. Would this be considered providing minimal care? The sores I am referring to was so infected that the patient was sent to the ER after the nursing facility tried to dissuade the family from having the resident sent to the ER. On admission the patient was dehydrated, low blood count, and was septic. The patient passed away within a day.

Attorney Answers 6

  1. A facility is to provide reasonable and appropriate care. With limited exceptions, the conditions your describe should not have occurred. Contact local and qualified counsel. There may be a case worth pursuing. Sorry for your loss.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. Nursing Homes are required to provide all necessary care for the health and welfare of a resident including wound care. There are exceptions for certain end of life decisions, however that would not include the willful failure to treat an ongoing infection. I would seek the advice of counsel regarding this event.

  3. The care you are describing certainly appears to fall below the acceptable standard of care which is the ultimate determining factor. Unfortunately these forums are good for getting general advice and direction in which to turn but nobody can really tell you whether there was a breach in the standard of care. That can only happen when an experienced attorney reviews the nursing home and hospital records along with the attorney's expert. I would encourage you to get the medical records from the hospital and talk to an attorney with experience in medical malpractice and nursing home abuse cases as there are specific points of interest that need to be explored and addressed in these cases. Good luck

    The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.

  4. On the contrary, pressure ulcers are common signs of nursing home abuse, so have a local nursing home abuse lawyer investigate.

  5. There is a minimum standard of care required. It does not include ignoring serious health problems of the patients. You need a qualified lawyer to help you. I am right up the interstate in Spartanburg and would be happy to discuss the matter more fully with you.

  6. I certainly agree with my esteemed colleagues that whoever is the representative (executor, spouse, child, etc.) for the decedent needs to have an attorney review the records. The standard of care in Georgia for a professional medical negligence claim is that the professional must exercise such reasonable care and skill for their patients as, under similar conditions and like surrounding circumstances, is ordinarily employed by the medical profession generally. Facilities under the locality rule owe their patients the duty of using ordinary care to furnish equipment and facilities reasonably suited to the uses intended and such as are in general use under the same, or similar circumstances in facilities of approximately the same size serving similar areas or communities. However, if this is a skilled nursing facility that accepts Medicare or Medicaid patients, there are federal regulations that apply which provide for additional levels of care and requirements. The fact that a patient is in a compromised medical condition certainly does not excuse care which falls below the requisite standard of care.

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