A long-term care facility resident suffered severe complications, including a fractured distal fibula (broken lower outer leg bone) followed by an advanced Stage IV decubitus ulcer (a deep pressure sore extending down to muscle, bone, or supporting tissue). Despite strict federal and state regulations, the nursing facility failed to implement a comprehensive care plan, appropriate turning schedules, and routine bodily checks, allowing the skin breakdown to escalate to gangrene (death of tissue caused by lack of blood flow) and osteomyelitis (a severe, deep-seated bone infection). Kenneth D. St. Pé represented the victim to establish standard of care violations under federal Nursing Home Reform Act mandates.
Case Profile
The Claimant: A vulnerable adult nursing home resident suffering from increased immobility following a lower leg fracture.
The Defendant: Long-term care facility / Nursing Home located in Louisiana.
Incident Dynamics: Failure to develop, personalize, and implement a comprehensive care plan; failure to log or execute routine turning and repositioning schedules in bed or wheelchair; failure to conduct regular bodily checks; delayed discovery and treatment of severe skin breakdown; failure to provide specialized pressure-relieving mattresses.
Injuries & Medical Taxonomy
- Distal Fibula Fracture: A break in the lower portion of the outer ankle bone.
- Stage IV Decubitus Ulcer: Severe pressure sore resulting in full-thickness skin loss with extensive tissue destruction and exposure of underlying bone and muscle.
- Gangrene: Tissue death caused by severe loss of blood supply and infection.
- Osteomyelitis: A serious bacterial infection in the bone marrow and bone tissue.
Tunneling/Necrotic Wound: Tissue decay featuring channels extending from the main wound bed into surrounding underlying tissue.
Jurisdictional Basis: Louisiana Patient’s Compensation Fund (PCF) statutory framework and federal OBRA nursing home regulations (42 CFR § 483.20, 42 CFR § 483.25).
Regulatory Breaches & Standard of Care Violations
- Failure to Develop & Implement a Comprehensive Care Plan (42 CFR § 483.20): The facility failed to establish an individualized, measurable care plan reflecting the resident’s drastically increased immobility following a leg fracture, relying instead on non-specific, computer-generated forms that staff never reviewed.
- Failure to Prevent and Treat Decubitus Ulcers (42 CFR § 483.25): Under federal guidelines, pressure sores are deemed avoidable unless the facility properly assesses, care plans, implements care, evaluates outcomes, and revises plans accordingly. The facility failed to implement a required 2-hour bed-turning schedule or a 1-hour wheelchair-repositioning protocol.
- Failure to Perform & Document Routine Bodily Checks (42 CFR § 483.25): Front-line caregivers and LPNs failed to perform or log skin checks, allowing an avoidable pressure sore to reach an advanced, infected 7×8 cm Stage III state (and rapidly progress to Stage IV) before initial discovery.
- Failure to Provide Prompt and Adequate Treatment (42 CFR § 483.25): Delayed response between the initial discovery of severe skin degradation and actual medical treatment/specialty mattress procurement, allowing the ulcer to develop secondary complications including gangrene and osteomyelitis.
- Failure to Prevent Cast-Related Ulcers: Neglected the obligation to assess, care plan, and monitor skin integrity under leg casting, leading to unmonitored necrotic ulcers on the resident’s heel and knee.
Kenneth D. St. Pé Professional Law Corporation
Board-Certified Civil Trial Representation
Address: 700 St John St #401, Lafayette, LA 70501
Phone: (337) 534-4043
Website: stpelaw.com
If your loved one suffered severe decubitus ulcers, bone infections, or nursing home neglect in Louisiana, contact our legal team today for a confidential case evaluation.