Chicago Nursing Home Bedsore Lawyer

When elderly residents or those with limited mobility are left in one position too long, they can suffer from bed sores. In many cases, pressure ulcers are a clear sign of nursing home neglect or abuse, resulting from inadequate care provided by the nursing home staff.

If your loved one developed bed sores in a Chicago nursing home, it’s important to act quickly and seek legal help. A Chicago bedsore lawyer can help you hold negligent facilities accountable and pursue justice for your loved one.

Understanding Pressure Sores 

Developing bedsores is often due to inadequate care to prevent the constant pressure or friction that compromises the surrounding skin. These sores most commonly develop on body parts with less muscle and fat, such as the hips, heels, tailbone, and elbows.

Stages of Bedsores as Lawsuit Factors 

Pressure sores are classified into four stages, ranging from mild skin damage to severe, which may cause life-threatening injuries.

• Stage 1: Reddened Skin – This is the mildest stage of a bed sore, where the skin appears red or discolored but is not broken. Early-stage pressure sores should prompt immediate action to prevent worsening conditions in nursing home patients.
• Stage 2: Open Sore – At this stage, the pressure ulcer becomes more serious, with the skin breaking open to form a shallow wound. The surrounding skin may also be damaged, and the bed sore may resemble a blister.
• Stage 3: Deep Wound – In Stage 3, the pressure sore worsens, with the ulcer extending deeper into the tissue, exposing fat and causing a large wound. The bed sore must be properly treated or it will continue to worsen.
• Stage 4: Exposed Muscle and Bone – The most severe stage, where the sore is deep enough to expose muscle, bone, and tendons. Bedsores at this stage often result in serious infections, sepsis, or death. This is a clear sign of neglect, and possibly medical malpractice.

In legal terms, the more advanced the pressure sore, the stronger the case for nursing home negligence and medical malpractice. Chicago bed sore lawyers often highlight the severity of the injury to demonstrate how nursing home abuse led to serious injuries and resulting complications.

Common Causes of Pressure Ulcers in Nursing Homes

Nursing homes are required to provide adequate care for their residents, yet pressure sores often develop when they fail to meet these responsibilities. Some of the most common causes of pressure ulcers in nursing homes include:

• Immobility: Many nursing home residents have limited mobility and rely on nursing home staff to help them reposition regularly. Failure to move these residents frequently leads to prolonged pressure on specific body areas and lack of blood flow, causing a bed sore. When residents aren’t moved regularly, the facility may be liable for nursing home neglect.
• Poor Nutrition and Hydration: Elderly residents and those with serious medical conditions require proper nutrition to maintain healthy skin. Poor nutrition weakens the skin’s ability to recover from constant pressure, making it easier for bedsores to develop. Failure to provide proper nutrition can be linked to negligence in nursing homes.
• Inadequate Staffing: When nursing home facilities are understaffed, residents often do not receive the attention and care they need. Staff may not have the time to reposition patients or provide proper nutrition, both of which are essential to prevent a bed sore. Understaffing is a common cause of nursing home neglect cases.
• Failure to Reposition Patients: Nursing homes are expected to regularly reposition nursing home residents with limited mobility to relieve pressure on vulnerable areas. Failure to do so can lead to a bed sore, particularly in high-risk areas like the heels, tailbone, and shoulder blades.

The Dangers of Untreated Bedsores

Untreated bed sores can lead to severe medical complications. Pressure ulcers are not simply painful; they pose serious risks to the health and well-being of nursing home patients. If bed sores are allowed to progress without proper treatment, the nursing home resident may experience:

• Infections: As bed sores develop, the bed sore can become infected. Infected bed sores can cause further complications, including the spread of infection to other parts of the body. A patient who is developing pressure sores is at risk of infection.
• Sepsis: When an infection from a bed sore enters the bloodstream, it can lead to sepsis, a life-threatening condition that requires immediate medical care. Nursing home neglect is often to blame for allowing pressure ulcers to progress to this dangerous stage.
• Death: In the most extreme cases, untreated pressure sores can lead to death. Residents who suffer from nursing home abuse or neglect are particularly vulnerable to such tragic outcomes.

Pressure Ulcer Prevention in Nursing Homes

Preventing pressure sores in nursing homes is a critical responsibility of the staff. Some of the key steps that should be taken to prevent bedsores include:

• Repositioning Patients: Nursing home staff should reposition residents every two hours to relieve pressure on vulnerable areas of the body and increase blood flow.
• Proper Nutrition and Hydration: Ensuring residents receive adequate nutrition and hydration helps to maintain healthy skin and prevent sores from developing.
• Good Hygiene: Keeping the skin clean and dry reduces the risk of bed sores developing, especially for residents who are incontinent or have wounds.
• Staff Training: Nursing homes are required to train staff to identify early signs of bed sores and take preventative action. Failure to do so often results in nursing home abuse or neglect.

Nursing home neglect attorneys can help you determine if a facility is responsible for your or a loved one’s condition. 

Legal Responsibility of Nursing Homes 

Nursing homes have a legal duty to provide proper care under federal and state laws.

The Nursing Home Reform Act requires facilities to maintain the highest possible level of well-being for residents, which includes preventing pressure ulcers.

Illinois law requires nursing homes to provide a safe environment for residents and protect them from neglect and abuse.

Facilities that fail to meet these standards can be held legally responsible for nursing home neglect.

Eligibility to File a Bed Sore Lawsuit 

In nursing home bedsore cases, the law provides clear guidance on who is eligible to file a lawsuit when nursing home residents suffer from pressure ulcers due to nursing home neglect. The primary parties who can file a lawsuit include the following:

• The nursing home resident
• Family members
• Legal guardians
• Estate representatives

Why Choose Nursing Home Law Center 

At Nursing Home Law Center, we specialize in representing families and victims of nursing home neglect, including those suffering from bed sores and pressure ulcers.

With years of experience handling nursing home bedsore cases, our team has developed a deep understanding of the challenges nursing home residents and their families face. We combine legal expertise with compassionate client service, ensuring you feel supported throughout the legal process.

Our Chicago nursing home abuse lawyers are dedicated to holding negligent facilities accountable and have a strong track record of securing substantial compensation for our clients.

Filing a Nursing Home Bedsore Lawsuit 

A nursing home bedsore lawsuit allows families to seek compensation for the pain and suffering caused by pressure ulcers and to ensure the nursing home facility takes responsibility for its actions. It’s important to understand the necessary evidence, potential defenses, and legal strategies that will be used to prove nursing home negligence.

Evidence Needed for a Successful Lawsuit

Strong evidence is essential to win a nursing home bedsore lawsuit. The most important types of evidence include:

• Medical Records: Detailed records that show the resident’s health status, the development of pressure ulcers, and the medical care (or lack thereof) they received. These records can demonstrate how nursing home neglect led to bed sores.
• Photographs of the Bedsores: Visual documentation of the bed sores and their progression can be compelling evidence of the severity of the injury and the nursing home’s negligence.
• Witness Statements: Testimonies from staff members, other residents, or family members can provide insight into the care (or lack of care) that was given and whether nursing home staff failed to follow appropriate care protocols.

Preserving this evidence early on is vital to the success of the lawsuit. Without it, the nursing home may attempt to downplay the severity of the bed sores or shift blame.

Common Defenses Used by Nursing Homes in Bedsore Cases

Nursing homes often use a variety of defenses in bedsore cases to avoid liability. Some of the most common include:

• Pre-existing Medical Conditions: Nursing homes may argue that the resident’s medical conditions (such as diabetes or circulatory problems) made the bed sores happen.
• Resident’s Own Actions: In some cases, facilities may claim that the resident refused care or did not cooperate with treatment, which led to the development of bed sores.
• Unavoidable Bedsores: Some nursing homes assert that bed sores are inevitable despite the provision of appropriate care. However, with proper documentation and expert witness testimony, it can be proven that most pressure ulcers are avoidable with appropriate care.

Nursing home negligence attorneys are used to these tactics and can help you form a solid defense. 

Proving Negligence in Bedsore Lawsuits 

To succeed in a nursing home bedsore lawsuit, you must prove that the facility was negligent in its care of the resident. This involves establishing four key elements:

• Duty of Care: Nursing homes have a legal obligation to provide adequate care to their residents, including taking steps to prevent the development of bed sores.
• Breach: A breach occurs when the nursing home fails to meet the standard of care, such as neglecting to reposition patients leading to prolonged pressure on certain areas or providing proper nutrition and hygiene.
• Damages: Damages refer to the harm caused to the resident, which in this case includes bed sores, pain and suffering, and any resulting complications like infections or hospitalizations.
• Causation: Finally, it must be shown that the nursing home’s negligence directly caused the resident’s bed sores and that these injuries would not have occurred with proper care.

Illinois nursing home abuse attorneys can help you prove that the bed sores are due to negligence. 

The Role of Expert Witnesses

Expert witnesses, especially medical professionals, play a critical role in bedsore lawsuits. They can provide testimony on how bedsores develop, the proper care that should have been provided, and how the nursing home’s negligence contributed to the resident’s injuries. 

These experts help establish that the pressure ulcers were avoidable and caused by inadequate care, not pre-existing medical conditions or other risk factors beyond the facility’s control.

Statute of Limitations for Bed Sore Lawsuits 

In Illinois, the statute of limitations for filing a nursing home abuse lawsuit is generally two years from the date the injury was discovered. It is critical to file within this timeframe, or you may lose the right to seek compensation.

How a Nursing Home Bedsore Attorney Can Help

When your loved one suffers from decubitus ulcers due to nursing home neglect, it can be overwhelming to navigate the legal process on your own. A skilled nursing home bedsore attorney can provide essential support and guidance every step of the way, ensuring that your family’s rights are protected.

Investigating the Case

One of the first steps a Chicago nursing home bed sore attorney takes is to conduct a thorough investigation into the circumstances surrounding the bed sores. This includes reviewing medical records, assessing the nursing home facility’s care practices, and determining whether nursing home neglect or medical negligence contributed to the injury.

Gathering and Preserving Evidence

Your attorney will gather crucial evidence, such as medical records, photographs of the bed sores, witness statements, and staff training records, to build a strong case. Preserving this evidence early on is essential to proving nursing home negligence.

Negotiating with Insurance Companies  

In many cases, nursing homes and their insurance companies may offer settlements to avoid going to trial. Your Chicago nursing home bed sore attorney will negotiate with these insurance companies on your behalf to secure a fair settlement that reflects the seriousness of the injury and the medical negligence involved.

Taking the Case to Trial 

If a fair settlement cannot be reached, your nursing home bedsore lawyer will take the case to trial. During the trial, they will present evidence, call expert witnesses, and argue that the nursing home is legally responsible for the harm caused by developing bed sores.

Contact an Experienced Pressure Ulcer Lawyer Today! 

At Nursing Home Law Center, our experienced team of Chicago nursing home bed sores attorneys is dedicated to fighting for the justice and compensation your family deserves. We understand the devastating impact that nursing home abuse and neglect can have, and we’re here to hold negligent facilities accountable.

With a proven track record in handling bedsore cases, our firm is committed to providing compassionate client service and aggressive legal representation. Contact us today for a free consultation to discuss your case and explore your legal options.

Call us at (800) 926-7565 or fill out our contact form.