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Nursing Home Bedsore Lawsuits Explained
As adults age, they often face increasing healthcare needs. Eventually, many seniors will move into assisted living facilities like nursing homes to access 24/7 care. These facilities also offer a certain quality of life with daily living assistance, social activities, medical care, and comfortable accommodations.
Unfortunately, senior care in these communities is not always perfect. One of the biggest health issues that nursing home residents face is pressure ulcers. Let’s discuss why this condition is such a problem in nursing home facilities and what can be done about it.
What Are Bedsores (Pressure Ulcers)?
Pressure ulcers, called bedsores or pressure sores, are common in individuals with limited mobility. Bedsores form when prolonged pressure is applied to the skin and underlying tissues. This injury happens frequently in nursing home residents who are bedridden or do not move around very much.
This type of pressure wound can range in severity. If it is discovered early and corrective actions are taken, it may not escalate past a mild irritant. However, if the issue is not addressed and the pressure sore advances to the later stages of development, infection from a stage 4 bedsore could put the resident’s life at risk.
Stages of Bedsores
Pressure ulcers are categorized into four stages.
In stage 1, the skin of the injury is still intact. It may be slightly warm to the touch and red, purple, or blue. This discoloration is the earliest warning sign of a pressure ulcer, which should be treated immediately to avoid further development.
At stage 2, some of the skin around the injury is lost, and it becomes an open sore that looks like a blister. The skin around the sore is usually discolored, and the resident experiences more pain.
Stage 3 is when pressure ulcers become very serious. The wound descends deeper into the body, extending into the subcutaneous tissue. The skin is lost completely, and the pressure wound may look like a crater. Dark patches around the damaged area are common at this stage, and life-threatening infections are possible.
A stage 4 bedsore is incredibly dangerous for the patient. The skin is completely lost, and the injury has descended to the muscles, bones, or joints. This extra exposure makes it easier for bacteria to enter the body and infect the pressure ulcer. Stage 4 bedsores need immediate medical treatment to protect the resident from serious complications.
Common Locations and Risk Factors
Some circumstances increase the risk of developing a pressure ulcer. Most pressure sores develop on bony areas and joints, such as the tailbone, heels, hips, and the back of the head. Since prolonged pressure on these areas can lead to sores, immobility is a major cause of this condition.
Malnutrition can increase the risk of pressure ulcers since the body does not receive enough nutrients to fight serious infections. Additionally, incontinence can be dangerous for those with pressure sores because urine or fecal matter can collect near open sores and cause infections from bacteria.
Bedsores Are a Sign of Nursing Home Neglect!
Negligence in a nursing home often causes residents to develop decubitus ulcers.
Nursing staff members have many duties to perform for elderly residents, such as repositioning them when lying down, implementing skincare routines, providing pillows and blankets, and addressing underlying medical conditions. If they fail to carry out these tasks, residents will likely develop pressure sores.
Therefore, if a nursing home resident has a pressure sore on their body, especially a stage 3 or stage 4 bedsore, they are likely being neglected. The injury may have developed because they were not being repositioned enough, indicating the medical professional staff was not checking on them enough.
Additionally, nurses may not sufficiently care for the resident’s skin by bathing and cleaning it.
The Duty of Care in Nursing Homes
Nursing homes are legally obligated to provide adequate care to every resident and prevent harm from occurring. This care includes preventing bedsores and other severe injuries. Since residents have this right at a care facility, they can hold the nursing home and its staff accountable for failing to meet those expectations.
Grounds for a Nursing Home Bedsore Lawsuit
If you or a loved one have suffered from pressure ulcers due to negligence or malpractice, you may have grounds for a bedsore lawsuit. In many medical malpractice cases, the nursing home is accused of negligence for failing to prevent or treat these health conditions.
If a pressure ulcer is untreated, it can lead to debilitating pain, infection, organ failure, and even death. Let’s discuss some of the elements involved in bedsore lawsuits.
Negligence and Breach of Duty
Proving negligence in a bedsore lawsuit requires four elements. You must prove that the nursing home had a duty of care to uphold in preventing or treating the pressure ulcer. Then, you will need evidence that they breached that duty through action or inaction.
To win a lawsuit settlement, you must demonstrate a causal link between the breach of duty and your suffering. Finally, you must prove that you suffered legal damages due to the harm.
Types of Damages
In a bed sore case or wrongful death lawsuit, residents or family members can pursue many categories of legal damages for compensation.
Economic damages include medical bills, future medical expenses, loss of financial support, funeral costs, and burial expenses. Non-economic damages include emotional distress, physical pain and suffering, loss of enjoyment of life, and loss of companionship.
In cases involving gross negligence or intentional misconduct, victims may also receive punitive damages that further punish the defendant.
Who Can File a Lawsuit?
You can file a bedsore lawsuit if you have legal standing—typically as the injured resident, their legal guardian, or a close family member. Given the complexities surrounding who can legally file a claim on behalf of an aging relative, consulting a personal injury attorney helps avoid missteps.
The Process of Filing a Bedsore Lawsuit
If you or a family member have suffered from pressure ulcers in a nursing home, you may be struggling under the weight of legal damages.
Pursuing a bed sore lawsuit may be your only option to hold the at-fault party accountable and receive pressure ulcer compensation for your losses. If this is the path you plan to take, you should know a few things about the average bedsore lawsuit settlement process.
Consulting with a Nursing Home Injury Lawyer
Before you pursue a bedsore lawsuit settlement, you should consult personal injury attorneys who specialize in nursing home cases. An experienced lawyer will likely have worked on a bed sore case in the past, making their knowledge vital for your case.
This legal professional will also explain your rights and how to navigate the elder abuse claim, increasing your chances of winning maximum financial compensation.
Investigating the Case
The next step will be a thorough investigation of your claim. A lawyer will investigate the circumstances surrounding the incident, such as exploring the causes of the bedsore, gathering evidence, interviewing witnesses, and assessing medical records. During this investigation, provide as much information as possible to your lawyer to help them build a strong case.
Filing a Complaint and Negotiating with the Nursing Home
The attorney will then file your complaint against the nursing home or staff member and formalize the lawsuit. In most personal injury cases, the defendant or their insurance company will make an initial offer.
Often, that first offer is lower than the claimant deserves. Having a nursing home lawyer is essential for negotiating from a strong position and obtaining maximum compensation for your damages.
Going to Trial
A bedsore lawsuit settlement is typically reached between the claimant and the nursing home.
However, some bedsore settlements may be resolved in a court proceeding. A jury will determine the outcome of your case if it advances to trial. A nursing home negligence attorney will help prepare you for the court proceeding to ensure you still receive a fair bedsore settlement.
How to Prevent Bedsore Accidents in Nursing Homes
Whether you call them bed sores or pressure ulcers, they are a nasty health condition that can make life in a skilled nursing facility miserable. Rather than waiting until they develop to treat them, it is best to take preventive steps while staying in a care facility. Here are a few strategies to prevent bedsores from developing in nursing facilities.
Proper Skin Care and Hygiene
Cleanliness plays a huge role in preventing and treating pressure ulcers. If you are staying in a nursing facility, ask for regular skin assessments by nurses. Also, make sure you follow proper cleaning techniques when bathing.
Moisturizing your skin can also help prevent these health concerns. If your loved one is in a nursing home, inspect their skin to see if their hygiene is being prioritized.
Frequent Repositioning and Turning
Ulcers form when constant pressure is applied to one area of the body, especially the hips, heels, ears, shoulder blades, buttocks, and the back of the head. Consistent blood flow helps lower the risk of these ulcers. Repositioning the body and turning it onto another side every two hours can relieve that pressure and prevent skin or tissue damage from a pressure ulcer.
Adequate Nutrition and Hydration
Healthy skin is more resistant to developing bedsores. Proper nutrition and hydration are essential to mitigating the risk of pressure ulcers. Eat a balanced diet that supplies all the nutrients and vitamins you need to be healthy and stay hydrated to maintain positive blood flow.
Specialized Mattresses and Cushions
Many nursing home residents have limited mobility or are put on bedrest while recovering from certain conditions. For these patients, specialized mattresses and cushions can greatly reduce the risk of pressure sores. More cushioning means less pressure on joints and bony areas, so the skin is less likely to develop ulcers that can become infected if left untreated.
Call Expert Nursing Home Lawyers for Your Bedsore Injury Claim!
Nursing home patients are among the most vulnerable groups in society. Due to their age, their physical and mental capabilities may be compromised. Additionally, living in a senior care facility may isolate them from family members and friends. It is easy for staff or other residents to commit nursing home abuse and severe neglect in a way that causes bedsores.
If you suspect your loved one is suffering from a pressure ulcer due to nursing home abuse, you should contact the Nursing Home Law Center. Our legal team specializes in serving elderly nursing home residents and their families to hold these facilities and healthcare professionals accountable.
If you suspect medical negligence in a care facility, act now. Call our office today at 800-926-7565 or complete the online form to request a free consultation.