Our Credentials
Michael Kaplen
Chair
New York State Traumatic
Brain Injury Coordinating Council

Vice President
New York State Academy of Trial Lawyers

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group: American Association
For Justice

Past Chair
Motor Vehicle, Highway, Premises
Liability Section: American Association
For Justice

National Advisory Board
Association of Interstate
Trucking Lawyers of America

Past Co-Chair
Tort Section, New York County
Lawyers Association

Board of Directors
Trial Lawyers for Public Justice

Board of Governors, American Board of Professional Liability Attorneys

Board of Directors
New York Academy of Trial Lawyers

Editorial Board
Neurolaw Letter

Board Certified
Civil Trial Advocate
National Board of Trial Advocacy*

Board Certified
American Board of Professional
Liability Attorneys
Medical Liability*

Sustaining Member:
American Association for Justice
Public Justice Foundation

Member:
N.Y.S. Trial Lawyers Association
Florida Academy of Trial Lawyers
Southern Trial Lawyers
Association-Fellow
North American Brain Injury Association

Honors & Awards:

New York Super Lawyer
2006, 2007, 2008, 2009

Top 100 New York Trial Lawyers -
American Trial Lawyer Association

Trial Lawyers for Public Justice
Public Achievement Award

Shana DeCaro

Treasurer
Traumatic Brain Injury Litigation Group: American Association for Justice

Board of Advisors
Civil Justice Foundation

Fellow
American Association for Justice

Editor
Law Update
New York Academy of Trial Lawyers

Honors and Awards

Trial Lawyers for Public Justice
Public Achievement Award

Who's Who in American Women

Who's Who in American Law

Top 100 New York Trial Lawyers-American Trial Lawyers Association

Elite Lawyers Of America


Member:

New York Academy of Trial Lawyers

New York State Trial Lawyers Association

Brain Injury Association New York State

North American Brain Injury Association

* The National Board of Trial Advocacy and the American Board of Professional Liability Attorneys are not affiliated with any government authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.

New York Bed Sore Lawyers Pressure Ulcers

Bed sores, also known as pressure ulcers, pressure sores or decubitus ulcers, are preventable wounds caused by unrelieved pressure on the skin.

About Pressure Ulcers

A pressure ulcer is an area of skin that breaks down when you stay in one position for too long without shifting your weight. This often happens if you use a wheelchair or you are bedridden, even for a short period of time (for example, after surgery or an injury). The constant pressure against the skin reduces the blood supply to that area, and the affected tissue dies.

A pressure ulcer starts as reddened skin but gets progressively worse, forming a blister, then an open sore, and finally a crater. The most common places for pressure ulcers are over bony areas like the elbow, heels, hips, ankles, shoulders, back, and the back of the head.

Despite claims from the health care industry, pressure ulcers are preventable with competent medical care. Staff in nursing homes and hospitals must to an assessment of those individuals who are at heightened risk for development of pressure ulcers and development a plan for their care. Frequently, a care plan will include: frequent rotation to discourage sitting in one area for long periods, pressure relieving air mattresses and special high nutrition diets.

Factors increasing the risk for development of pressure ulcers:

  • Being bedridden or in a wheelchair
  • Fragile skin
  • Having a chronic condition, such as diabetes or vascular disease, that prevents areas of the body from receiving proper blood flow
  • Inability to move certain parts of your body without assistance, such as after spinal or brain injury or if you have a neuromuscular disease (like multiple sclerosis)
  • Malnourishment
  • Mental disability from conditions such as Alzheimer's disease -- the patient may not be able to properly prevent or treat pressure ulcers
  • Older age
  • Urinary incontinence or bowel incontinence

Our Experience In Bed Sore Nursing Home and Hospital Malpractice Cases:

The lawyers at De Caro & Kaplen, LLP have successfully represented numerous individuals who developed bed sores as a result of careless medical and nursing care in hospitals and nursing homes throughout New York City and New York State.

Pressure Ulcer Scoring System:

The most common system for staging bed sores/decubitus ulcers, classifies them based upon the depth of skin damage, ranging from the least severe (stage 1) to the most severe (stage 4)

  • Stage 1 Pressure Ulcer: redness of the skin.
  • Stage 2 Pressure Ulcer: skin has abrasions, blisters.
  • Stage 3 Pressure Ulcer: skin has lost its full integrity and has the appearance of a deep crater.
  • Stage 4 Pressure Ulcer: skin has lost its integrity and now bone or muscle is exposed.

The Truth About Bed Sores:

It is commonly known in the heath care field that bed sores are preventable with good care. Often a patient’s age, medical condition and weight make that individual more predisposed to acquiring a pressure sore. The elderly and infirm are the most prone to develop a pressure sore if preventable measures are not taken. In these cases, the hospital or nursing home staff must be aware of the increased vulnerability of their patient to the development of bed sores and be extra vigilant in insuring that the individual’s skin is always dry and clean, that the patient is turned on a frequent basis and that the individual receives proper hydration and nutrition .

Centers For Disease Control Report on Bed Sores:

In a report released by the Centers for Disease Control, more than one in 10 nursing home residents had some form of pressure ulcer within the year. Based on the total number of nursing home residents, that translates to more than 159,000 nursing home residents with pressure ulcers (otherwise known as bed sores, decubitus ulcers, or pressure sores). State II pressure ulcers were the most common according to the survey. Over 35% of the nursing home residents with pressure ulcers had more advanced-- stage III or stage IV ulcers that required special wound treatment. Even younger nursing home residents, those commonly though to be somewhat removed from the problem, are at risk according to the report.

The study demonstrates that while it is important to identify nursing home residents who are at risk for development of pressure ulcers and implement preventative techniques, no nursing home resident is immune from risk of developing pressure ulcers and the nursing home staff need to be tuned in to the factors related to pressure ulcer development and treatment.

De Caro & Kaplen, LLP: Your attorneys for bed sores

By carefully reviewing the patient’s medical records with the assistance of impartial nurses and doctors, the bed sore attorneys at De Caro & Kaplen, LLP are able to determine if proper care was rendered.

Schedule a free, no obligation consultation with the attorneys at De Caro & Kaplen, LLP who can assist you with your bed sore case. Call us toll free at 1 866 BRAIN LAW.

Our team of talented lawyers proficient in handling cases involving pressure sores will assess your case and explore your legal options. Isn’t it time that you fight back? Shift the scales in your favor with lawyers who have the knowledge and experience in bed sore cases to get the justice that you deserve.