Kenneth D. St. Pé secured a meaningful recovery in a complex medical malpractice lawsuit involving an 88-year-old vulnerable resident who suffered a fatal stage IV coccyx decubitus ulcer (a severe, advanced pressure sore/bedsore reaching deep muscle and bone) with osteomyelitis (a severe bone infection) and systemic sepsis (a life-threatening bodily response to infection) due to nursing home neglect in Louisiana. The lawsuit established that the facility failed to perform mandatory repositioning, required weekly skin assessments, and basic hydration/nutritional monitoring, leading to the resident’s severe decline and death.
Case Profile
- The Claimant: Vulnerable Adult / Long-Term Care Resident (88 years old with Advanced Dementia, Diabetes Mellitus, Breast Cancer post-mastectomy, and Depression).
- The Defendant: Corporate Long-Term Care Facility Operator in Louisiana.
- Incident Dynamics:
- Lack of Mandatory Turning & Repositioning: Systematic failure by frontline CNAs to document and execute two-hour turning schedules required to relieve pressure.
- Failure to Perform Skin Audits & Risk Evaluations: Omission of required weekly skin assessments and failure to conduct timely Braden scale evaluations until after a pressure sore had already formed.
- Inadequate Infection Monitoring & Hydration Checks: Failure to monitor skin turgor (a check for skin elasticity used to assess dehydration) and weight, allowing a pressure sore to become necrotic and osteomyelitis to set in.
- Injuries & Medical Taxonomy:
- Stage IV Coccyx Decubitus Ulcer: A severe, full-thickness tissue loss pressure sore over the tailbone extending to deep muscle, exposing underlying bone.
- Osteomyelitis: A serious, painful infection of the bone caused by bacteria spreading from an untreated deep wound.
- Necrotic Tissue: Dead bodily tissue resulting from prolonged lack of blood flow and severe infection.
- Infected Decubitus Sepsis: A critical, organ-damaging systemic reaction triggered by an infected bedsore, ultimately causing fatal decline.
- Jurisdictional Basis: Louisiana Patients’ Compensation Fund (PCF) / State of Louisiana.
Regulatory Breaches & Standard of Care Violations
The lawsuit successfully established multiple direct breaches of state nursing standards and federal eCFR: 42 CFR Part 483 — Requirements for States and Long Term Care Facilities (Omnibus Budget Reconciliation Act / OBRA regulations):
- Avoidable Pressure Ulcers & Skin Integrity Maintenance (42 CFR § 483.25(c)(1)): The facility failed to ensure that a resident entering without pressure sores received necessary care and services to prevent them, allowing a stage II sore to progress into a fatal stage IV necrotic ulcer with osteomyelitis.
- Implementation of Comprehensive Care Plans (42 CFR § 483.21): Frontline nursing staff failed to execute required care plan approaches, including two-hour turning protocols, provision of specialized pressure-relieving mattresses, weekly skin checks, and routine hydration monitoring.
- Physician Notification & Progress Tracking (42 CFR § 483.10(g)(14)): The facility violated company protocols and federal standards by failing to send weekly treatment updates to the attending physician, providing only three updates over a five-month span while the ulcer rapidly deteriorated.
Consult a Board-Certified Medical Malpractice Attorney in Lafayette
If your loved one has suffered from severe bedsores, stage IV decubitus ulcers, bone infections, or untreated sepsis 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.
- Office Address: 700 St. John Street, Suite 401, Lafayette, LA 70501
- Direct Line: 337-534-4043
- Consultation: Free & Strictly Confidential