Not so long ago, the vast majority of litigation surrounding the development of decubitus ulcers, or pressure ulcers, involved nursing home defendants. In more recent years, stand-alone hospital claims involving these ulcers have become much more prolific. While many commentators have noted that the increased litigation involving decubitus ulcers in nursing homes has lead to a decrease in their incidence in nursing homes, hospitals still struggle.
In response to ongoing problems with the development of decubitus ulcers at hospitals — which can be life threatening — the Centers for Medicare and Medicaid Services (CMS) has included decubitus ulcers on its list of never events.Never eventsare conditions that CMS states should not develop, and for which they will not pay. Through these relatively new guidelines, hospitals will be denied payment for extra costs attendant to treating skin breakdown that develops at a hospital when patients enter the hospital with intact skin. Perhaps the greater economic potential impact upon hospitals, though, may be the increased litigation and improved treatment, resulting from what many consider to be the new standard of care with regard to pressure ulcer prevention in the hospital.
The New Staging of Skin Breakdown
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