This is a compelling arena in healthcare litigation.
The definitions stated in the Centers for Medicare and Medicaid Services (CMS) Guidance Document for surveyors pertain to long term care facilities.
The classifications of avoidable and unavoidable are derived on components CMS identified as within the control of the facility:
1. assessed the resident’s clinical condition and pressure sore risk-factors
2. outlined and implemented interventions coherent with resident specific requirements
and goals, and recognized standards of practice
3. screened and appraised the effect of those interventions
4. revised those interventions as appropriate
Avoidable
The nursing home resident developed a pressure sore and the facility did not do one or more of the above components.
Unavoidable
The nursing home resident developed a pressure sore and the facility did do the above components.
All healthcare professionals should have relevant training in:
• Pressure sore risk assessment and prevention
• Selection, use and maintenance of pressure-relieving devices
• Providing education and information for people vulnerable to pressure ulcers
Provide individuals vulnerable to pressure ulcers, and their care givers, verbal and written information about:
• Risk factors for developing pressure ulcers
• Skin inspection and care
• Strategies for prevention
• Use and maintenance of pressure-relieving devices
• Where to get further help and assistance
A systemic evaluation of the variables that affect liability helps the attorney, legal nurse consultants and experts evaluate a pressure sore case.
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