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ARTICLE · 30 MAY 2024

Don't Wait To Litigate – Tell Patients Now That A Pressure Ulcer Is "More Likely Than Not" Unavoidable

Wilson Elser Moskowitz Edelman & Dicker LLP
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A proposal on managing expectations to change the paradigm of future litigation for these (currently) high volume hospital acquired pressure ulcer cases. Many pressure ulcers are unavoidable...

United StatesLitigation, Mediation & Arbitration
Emily Fernandez
Emily Fernandez
Alan Friedberg
Alan Friedberg
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A proposal on managing expectations to change the paradigm of future litigation for these (currently) high volume hospital acquired pressure ulcer cases.

Many pressure ulcers are unavoidable, but patients-turned-litigants do not seem to know that fact even when they develop a pressure injury incident to treatment that saved their lives. These high volume pressure ulcer cases are problematic for health care providers and insurers alike. The volume of pressure ulcer cases is not a result of prevalent negligence, but of a dearth of aggressive defense strategies leading to costly settlements in cases in which good care was provided and ulcers were foreseeable and unavoidable. This inexorable cycle is untenable and, quite frankly, unfair to providers and insurers; it must be reversed. 

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