Decedent's Family v. Skilled Nursing Center

In December of 2011, Wendt Goss, P.C. confidentially settled a nursing home abuse and neglect case for $200,000.00. In that case, 93 year old Decedent was admitted to Skilled Nursing Center without any pressure ulcers on February 6, 2008. According to her medical chart, on September 23, 2008, Decedent developed a reddened area caused by shearing on her right buttock/hip, which was treated by applying antibiotic ointment to the area. A week and a half later (October 2, 2008), the wound was open, and nurses classified it as a Stage II, measuring 2.0x1.8x0.2cm. Aquacel dressings were ordered. Four days later, nurses noted that the wound remained a Stage II, measuring 2.0x1.5x0.1cm, with slough (dead tissue) covering the wound bed. Orders were presented for Decedent's low air mattress to be changed to a continuous air flow mattress.

On October 14, 2008, the wound was reported to have no changes, remaining a Stage II. Two weeks later (October 28, 2008), the Charge Nurse called Decedent's physician to notify of a change in the wound, now measuring 2.0x2.5x0.5cm. The records indicate that the wound was still a Stage II, but there were new orders for the insertion of a Foley catheter to prevent skin breakdown. In addition, it was ordered that Decedent was to receive whirlpool baths and changed from Aquacel to Alleyn dressings.

On November 3, 2008, it was noted that Decedent's wound further declined.[1] The ulcer was measured to have a depth of 2.0cm with yellow drainage surrounding dark tissue. Recall, that one month prior, the wound was measured to have a depth of 0.2cm. One week later, it was noted that there was a small amount of brown drainage from the wound.

On November 11, 2008, the wound measured 3.0x2.5x2.0cm with yellow slough in the wound bed, large amounts of purulent drainage, and dark surrounding tissue. The wound's dramatic decline was a significant concern, so it was ordered that Decedent receive applications of Panafil, an enzymatic debriding ointment, daily. Finally, a wound clinic appointment was scheduled for December 1, 2008.

On November 17, 2008, Decedent's wound was measured as being 3.0x2.5x2.0cm with heavy purulent drainage and slough in the wound bed. After being cultured, the right buttock/hip wound reported positive for a proteus mirabilis infection.

On November 23, 2008, Decedent was transferred to Research Medical Center ("RMC") due to further decline in the wound and a urinary tract infection. Upon admission, it was noted that Decedent's pressure ulcer to the right ischium was 3.5x2.0x4.0cm, Stage III. The wound did not go down to the bone, but it was in the fascia and small part of her fat. Also, there was another wound on the right buttock measuring 1.5x1.5cm with eschar (dead, black tissue) in the center, a Stage II ulcer. These wounds were connected under the skin. As a result of her severe condition, Anna underwent a debridement surgical procedure and returned to Skilled Nursing Center on December 2, 2008.

Unfortunately, Decedent passed away on December 13, 2008. The cause of death on her Death Certificate listed "failure to thrive."

Prior to Decedent's death, her family "hotlined" the Missouri Department of Health and Human Services ("DHSS") with concerns of their mother's care and treatment at Skilled Nursing Center. After an extensive review of the facility, DHSS cited the facility with an "Immediate Jeopardy" deficiency, the most severe citation available. An "Immediate Jeopardy" tag means that a situation exists where immediate corrective action is necessary due to the facility's noncompliance with federal and/or state requirements that has caused or likely to cause serious injury, harm, impairment, or death to a resident. The State Inspector's deficiency findings are too voluminous to recount here and can be extensively discussed at the mediation, if needed.

Shortly thereafter, Decedent's family hired Wendt Goss, P.C. to handle a lawsuit against Skilled Nursing Center. During the case evaluation and analysis, Wendt Goss, P.C.'s attorneys retained a nationally recognized expert witness to testify concerning Skilled Nursing Center's deficiencies. After a thorough examination of the relevant facts, the expert determined that the facility deviated from the standard of care as follows:

1. The facility and nursing staff failed to accurately assess Decedent's pressure ulcers in compliance with acceptable standards;

2. The facility and nursing staff failed to identify two pressure ulcers that Decedent acquired at Skilled Nursing Center;

3. The facility and nursing staff failed to perform regular skin checks on a bed-chair-bound resident at increased risk for pressure ulcers;

4. The facility and nursing staff failed to prevent Decedent's pressure ulcers from becoming infected in compliance with acceptable standards;

5. The facility and nursing staff failed to document pressure ulcer assessment findings in compliance with acceptable standards;

6. The facility failed to provide adequate training to nursing staff on the assessment, care, treatment, and pressure ulcer prevention;

7. The facility and nursing staff failed to notify Decedent's physician of deteriorating pressure ulcers;

8. The facility and nursing staff failed to follow their own policy and procedures for Prevention, Identification, and Treatment of Pressure Ulcers, Wound Tracking, Strategies to Prevent Pressure Ulcers, and Assessment of a Newly Identified Wound; and

9. The facility and nursing staff failed to update Decedent's comprehensive care plan to reflect changes in condition and new treatment interventions.

Wendt Goss, P.C. filed a lawsuit against Skilled Nursing Center on Decedent's family's behalf, and successfully negotiated a settlement approximately two years after the incident. The family decided to resolve the case to achieve a sense of closure and not be forced to relive this terrible nightmare at trial. When taking into consideration the liability in this case, the family's financial losses, and Decedent's pain and suffering, a settlement of $200,000.00 was reached by the parties.

Back to all results