Once again, photographs in decubitus ulcer cases are among the most important pieces of evidence. Clients come in with photographs, and we then request the records from the nursing home facility because those records should contain something known as a care plan. Every nursing home patient who comes into the facility should have a skin assessment. One of the things I’m looking for is any indication of marks on their heels, lower back, or elbows. That’s where these ulcers happen more often than not.
So, if a patient goes in unblemished and all of a sudden, two or three weeks later, a family member shows me this horrid picture, and they truly are grotesque, to say the least, that is a clear indication that if there was a care plan, they certainly didn’t follow it. Patients should be turned every two hours, and if they’re at risk, there are certain bandages you can put on the patient to help alleviate decubitus ulcers.
These are the things we look for. We look for them in the records, and we look for them in the photographs. Then the process is like any other piece of litigation. We file a summons and complaint, and then we do our paper discovery and depositions.