August 16, 2023

Defending or Settling HAPI Cases

Bedsores can result in extensive patient suffering and financial penalties. Here are some tips on how top organizations decide whether to defend or settle.

Hospital-Acquired Pressure Injuries (HAPIs) pose a challenge for healthcare institutions, not only due to due to the severity of the resulting ulcers but also their classification as CMS "never events". These factors make HAPI cases intricate to defend in malpractice suits, placing the responsibility on healthcare organizations to provide evidence of their involvement or lack thereof. Despite rigorous care efforts, situations can arise where HAPIs develop despite best intentions.

 

male-and-female-surgeon-discussing-over-a-medical-2021-08-28-16-45-16-utc

Faulty Equipment

One notable vulnerability lies in faulty equipment, which can jeopardize immobilized patient safety. Malfunctioning or improperly assembled hospital beds can exert excessive pressure, leading to ulcer formation. In one instance, a patient was awarded $1,000,000 after developing pressure sores from a faulty bed. The legal argument highlighted a gap in the bed's frame that allowed a metal rod to puncture cushions and press against the patient's back. This highlights a scenario where the hospital's position becomes more defensible than opting for a settlement.

Complications Due to COVID-19

The COVID-19 pandemic further amplifies HAPI risks, both directly and indirectly. The necessity of intubation for severe COVID-19 cases can hinder patient repositioning, increasing vulnerability to HAPIs. Emerging research also underscores a potential direct connection between COVID-19 and HAPIs, attributed to cardiovascular constriction and reduced oxygen circulation throughout the body. The incidence of pressure injuries in COVID-19 patients is significantly higher, revealing how pandemic-related factors intersect with wound care challenges.

A General Guide to HAPI Cases

Healthcare claims professionals must evaluate many factors when deciding whether to defend or settle HAPI cases. Consult the following guide for general tips, although this is not comprehensive legal advice.

Defend HAPI Cases

  • Clear Initial Evaluation with Plan
  • Compliance with Plan Components
  • Timely Patient Turning
  • Photographs & Measurement of Wound
  • Plan Completion
  • Wound Healing

Early Resolution/Settlement

  • Incomplete/Missing Skin Assessments
  • Incomplete Turning Documentation
  • Non-Compliance with Wound Care Plan
  • Inconsistent/Incomplete Documentation
  • Graphic Photos of Uncontrolled Wound

Whether you decide to settle or defend, Medplace’s case review service ensures that you have all the facts you need to make a choice in less than 6 days. Fill out the form below to schedule a demo.

I'm Interested in External Peer Review

Complete the form to schedule a demo or request an expert.

protected by reCAPTCHA
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Adrienne Fugett, RN

Adrienne leads the Medplace clinical operations team and oversees the recruitment, onboarding, and training of the network. She holds over 30 years of experience in Medical ICU, Quality & Risk and Medical Malpractice Defense work.

Revolutionizing AI in Healthcare: CHAI Introduces Open-Source Nutrition Label Model Card

CHAI introduces an open-source "Nutrition Label" Model Card for healthcare AI, promoting transparency, trust, and collaboration to improve patient care.

Read More
January 14, 2025

Florida's Controversial Medical Malpractice Law: A 2025 Deadline?

Florida's "Free Kill" law limits who can sue for medical malpractice, sparking debate over justice vs. cost control as a potential 2025 reform looms.

Read More
January 13, 2025

Kaiser Permanente's AI Revolution: Transforming Healthcare with Two Key Innovations

Kaiser Permanente is leveraging AI for healthcare transformation, focusing on predictive analytics for early intervention and personalized medicine to improve outcomes.

Read More
January 13, 2025

Get started in minutes.

Aug 16, 2023