Laws and Regulations
Related to Pressure Ulcers
Pressure Ulcer litigation can topple any facility. WoundExam minimizes this risk by integrating best patient care practices with its clinicians coupled with a clear, legal ready, audit-able documentation.
WoundExam has engaged top defense and prosecutor attorneys to design a best practices methodology that results in a detailed report memorializing the care provided to each patent. This report includes all information to insure reimbursement and more importantly a legal defense, third party exhibit to safeguard the facilities against claims of negligence and liability due to the failure to provide professional standards of service.
The most critical regulation related to a nursing home’s prevention of pressure ulcers is 42 C.F.R. § 483.25. This regulation is found in the Quality of Care section of nursing home regulations and states that a nursing home must ensure that:
(i) A resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable; and
(ii) A resident with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.
Nursing homes have to make sure that patients entering a nursing home without wounds do not develop wounds, and those entering with wounds do not worsen their condition unless it was unavoidable.
This regulation is beneficial for nursing home abuse attorneys because it essentially sets the standard of care for the lawsuit. It also delineates the fact that some wounds are preventable and others are not. Nursing homes have a hard time arguing that Section 483.25 does not set the standard of care when it is a federal regulation nursing homes must follow in order to receive reimbursement from Medicare. Most States also have their own regulations related to pressure ulcers.