Kenneth D. St. Pé established liability against a long-term care facility after a resident developed a severe, unmanaged Stage IV sacral decubitus ulcer (a deep pressure sore extending through skin and muscle down to bone or underlying tissue). Despite clear warning signs and prior skin breakdown, facility staff failed to execute mandatory turning schedules, omitted regular body audits, delayed wound care treatments for days, and failed to timely notify the attending physician. The lawsuit demonstrated systemic operational breaches under federal OBRA regulations governing nursing home safety and care planning.
Case Profile
The Claimant: A bedbound adult long-term care resident with heightened immobility following a lower extremity injury.
The Defendant: Corporate Long-Term Care Facility / Nursing Home Operator in Louisiana.
Incident Dynamics:
- Failure to Execute Turning Schedules: Omission of routine turning and repositioning protocols required every two hours for bedbound residents to relieve pressure on vulnerable skin areas.
- Omission of Body Audits: Complete absence of documented daily or weekly skin checks, allowing a pressure sore to reach an advanced stage before being addressed.
- Delayed Wound Treatment: Failure to provide ordered wound care for up to four days after a pressure ulcer was noted in nursing logs.
- Care Plan Failures: Failure to update or implement the comprehensive resident care plan to reflect new or worsening skin breakdown.
- Physician Notification Delays: Failure to timely notify the attending physician regarding the onset and rapid deterioration of a severe wound.
Injuries & Medical Taxonomy:
- Stage IV Sacral Decubitus Ulcer: Severe pressure ulcer (bedsore) in the lower back/tailbone area involving full-thickness skin loss with extensive destruction, tissue necrosis, and exposure of underlying structures.
- Surgical Debridement: Surgical removal of dead, damaged, or infected tissue to improve the healing potential of the remaining healthy tissue.
- Febrile Illness & Systemic Risk: High fever caused by localized infection entering surrounding tissues or systemic circulation.
Jurisdictional Basis: Louisiana Patients’ Compensation Fund (PCF) / State of Louisiana.
Regulatory Breaches & Standard of Care Violations
- Pressure Sore Prevention and Treatment (42 CFR § 483.25): Under federal OBRA guidelines, a facility must ensure that a resident entering without pressure sores does not develop them unless clinically unavoidable, and must provide necessary care and treatment to promote healing. The facility failed to provide basic wound care treatments and turning protocols.
- Comprehensive Person-Centered Care Planning (42 CFR § 483.20): Long-term care facilities are required to maintain and continuously update an individualized care plan. Staff failed to update or follow the care plan regarding sacral skin breakdown.
- Physician Notification Requirements (42 CFR § 483.10): Facilities must immediately consult the resident’s physician upon significant changes in physical condition or wound progression. The nursing staff failed to timely report skin deterioration to the attending physician.
- Maintenance of Clinical Records & Wound Logs (42 CFR § 483.70): The facility failed to maintain complete, accurate, and systematic records, including mandatory turning logs, treatment records, and internal facility wound logs.
Consult a Board-Certified Medical Malpractice Attorney in Lafayette
If your loved one has suffered from severe pressure sores, untreated wound infections, or care plan neglect inside a nursing home or long-term care facility, contact our Lafayette office today. Kenneth D. St. Pé is an AV Preeminent, board-certified medical malpractice attorney dedicated to protecting vulnerable residents and holding negligent long-term care facilities accountable across Louisiana.
Consultations are free & strictly confidential.
Kenneth D. St. Pé, A Professional Law Corporation
Address: 700 St John St #401, Lafayette, LA 70501
Phone: 337-534-4043
Website: stpelaw.com