Are Nursing Home Bedsores Really Unavoidable?

“These things happen. They’re unavoidable.”

That’s what nursing homes tell families when a loved one develops a pressure sore. And most families believe it — because why wouldn’t you trust the people providing the care?

We hear this story often at The Higgins Firm. A family recently came to us after their loved one developed a severe bedsore in a nursing home. That bedsore led to their death. The facility had told the family the sore was medically unavoidable. The family accepted it. A friend who happened to be a lawyer told them it didn’t sound right and suggested they call us.

They did. And what the nursing home told them wasn’t true.

How We Proved It Was Neglect

Every nursing home bedsore investigation starts in the same place — the records.

First, we look at whether the facility knew the resident was at risk. Nursing homes are required to assess every resident’s risk factors for developing pressure sores. Residents who are immobile, bedridden, malnourished, or have circulation problems are high risk. The facility is supposed to identify that risk and put a prevention plan in place — regular repositioning, proper nutrition, skin checks, appropriate mattresses.

If the records show the facility knew the resident was at risk but didn’t follow through on the care plan, that’s neglect.

Then we look at whether the records themselves are real.

In this case, they weren’t. Staff had documented that they were turning and repositioning the resident. They documented feeding schedules. On paper, everything looked like proper care was being delivered.

But when we pulled the payroll records, the staff members who supposedly provided that care weren’t even working that week.

That’s not a charting mistake. That’s fraud. And it’s more common than families realize.

Finally, we bring in a medical expert. Our experts review the records, the timeline of the sore’s development, the facility’s staffing levels, and the care that was — or wasn’t — actually provided. They give us a clinical opinion on whether the bedsore was truly unavoidable or whether it resulted from inadequate care.

With all of that together — the risk assessment, the fraudulent charting, the payroll records, the expert opinion — we put the full picture together for the family and proceed against the nursing home.

Why “Unavoidable” Is Usually Wrong

Are some bedsores genuinely unavoidable? Yes. In certain end-of-life situations or with specific medical conditions, pressure sores can develop even with perfect care. That does happen.

But the Centers for Disease Control has found that roughly one in ten nursing home residents suffers from pressure sores. And in case after case, when we dig into the records, we find the same patterns — understaffing, missed repositioning schedules, inadequate nutrition, and documentation that doesn’t match reality.

Bedsores are preventable with basic nursing care. Turn the resident regularly. Keep their skin clean and dry. Make sure they’re eating and drinking enough. Use pressure-relieving equipment. Monitor high-risk residents closely.

When a facility fails to do these things and a resident develops a severe pressure sore — one that reaches Stage III or Stage IV, exposing muscle or bone — that’s not an unavoidable medical event. That’s neglect.

What to Do If You Suspect Neglect

If your loved one has developed a bedsore in a nursing home and the facility is telling you it was unavoidable, call us.

Sometimes we look into it and the facility is right — the sore truly couldn’t have been prevented given the resident’s condition. But it’s worth knowing that for certain. And it doesn’t cost anything to find out.

Our firm has a dedicated nursing home neglect division that handles these cases specifically. We know what records to request, what to look for in staffing data, and how to identify the kind of charting fraud that covered up the neglect in this family’s case.

A few things you can do right now:

• Take photos of the bedsore and document its location, size, and appearance
• Write down what the facility has told you about how and when it developed
• Ask for copies of your loved one’s care plan and medical records
• Note the names of staff members assigned to your loved one’s care

Then call or visit thehigginsfirm.com. The consultation is free. You don’t pay anything unless we win your nursing home case.