Why Institutions Love Lawsuits (And Why They Might Deserve To)

Introduction
There is no doubt that litigation over the negligent occurrence of pressure sores has become very prevalent. Some of these cases can be categorized as frivolous, some are justly categorized as disputed, and others can be classified as clear liability cases. Obviously, the institution fights the frivolous claims and tries to settle those claims where there is undisputed evidence of liability. This leaves the category of disputed claims. In a disputed claim, the institution believes that they have abided by the appropriate standards of care or have an adequate defense, which frequently involves the “unavoidable” pressure sore and the “presumption of care.” The question then becomes: How does a disputed claim evolve into the monster that ate the nursing home? This article answers this question, providing a unique glimpse into the reasons why nursing homes not only lose pressure sore cases, but also how denials of neglect by the facility and refusal to accept responsibility for the occurrence and progression of a pressure sore can, under certain circumstances, significantly aggravate legal exposure.

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