Perils and Pitfalls Paving the Path to Pressure Ulcer Litigation: Case Presentations

Purpose: Pressure ulcers represent one of the most common reasons for medical lawsuits in the United States, accounting for 20% of all claims and more than 10% of settlements. Being involved in a lawsuit can be devastating, with increased stress, possible personal financial implications and loss of reputation. On this poster, we will present actual pressure ulcer lawsuits with outcomes, highlighting the primary factors.  We hope to supplement knowledge as to how facilities and healthcare providers can best avoid being involved in a pressure ulcer lawsuit.

Case presentations:

Case #1: Mrs. EB was a frail 84-year old female, admitted to a long-term care facility after a hip fracture. She developed a pressure ulcer and died of sepsis. The case went to trial.

Case #2: Mrs. SM was a frail 78-year old female, admitted to the hospital after an unwitnessed fall. Unavoidable pressure ulcers developed and she died from failure to thrive. The case was settled prior to trial. 

Discussion:  This poster highlights the primary factors involved in pressure ulcer lawsuits. These include the issues of turning and positioning, nutrition, risk assessment, wound assessment and documentation, support surfaces, care plans, pain, continence, physician notification, and the involvement of a certified wound care specialist. Awareness of these factors and the documentation largely determine initiations and outcomes of lawsuits.

Conclusion:  Facilities and healthcare providers need to be cognizant of the various factors and documentations leading to pressure ulcer lawsuits. These case presentations tell the story of real life cases, with an eye toward educating health care facilities and providers how to take appropriate steps to avoid the primary pitfalls.