February 2013 

HPS Successful Against Allegations of Stage IV Pressure Ulcer

Partner Mike Prangle and associate Bret Jessee successfully defended  against  a survival action regarding a Stage IV pressure ulcer described as grossly gangrenous, fluctuant, with surrounding cellulitis. Plaintiff alleged that the wound was not properly described or documented by the nurses, that it became a deeper Stage III or IV sometime prior to the physician seeing it and also that the wound never would have occurred in the first place had Plaintiffs' nurses been properly turning and repositiong her every two hours.

Defendants conceded that the nurses did not document a full description of the pressure ulcer (measurement, color, drainage) in compliance with hospital policies, but contended that the sore was an unpreventable ulcer that was a consequence of the plaintiff's decedent being near the end of her natural life and, once it developed, was untreatable due to the decedent's multiple and complex co-morbid conditions that made it impossible for her body to heal.