Los Angeles Nursing Home Bedsore Lawyer

Decubitus ulcers are an indicator of nursing home abuse. A pressure ulcer is typically due to nursing home residents not receiving the necessary pressure relief and routine repositioning to prevent bed sores from developing.

Families who discover that their loved ones have suffered pressure ulcers in a Los Angeles nursing home have the right to pursue legal recourse. With the help of an experienced Los Angeles nursing home bed sore lawyer, you can hold nursing homes accountable for their failure to prevent pressure sores and seek justice.

Understanding Pressure Sores 

Pressure ulcers, or bedsores or decubitus ulcers, are skin and underlying tissue injuries caused by prolonged pressure on specific body areas. 

These sores most commonly develop on body parts with less muscle and fat, such as the hips, heels, tailbone, and elbows. Pressure ulcers form when constant pressure disrupts blood flow, leading to skin tissue breakdown and the development of painful wounds.

While a pressure ulcer can often be prevented through proper care and attention, they frequently occur in nursing homes due to neglect or inadequate medical care. Nursing home residents who are bedridden or have limited mobility are especially vulnerable to these sores, as they may be unable to change positions on their own. 

When nursing home staff fail to take preventive steps, pressure sores can worsen, resulting in severe complications. Facilities also must properly treat pressure ulcers so they don’t worsen.

Stages of Bedsores as Lawsuit Factors 

There are four recognized stages of pressure ulcers that range from mild to severe.

Stage 1

The affected skin appears red and may feel warm to the touch. There is no open wound, but the area may be painful. With proper care, it is still possible to reverse the damage and prevent a pressure sore.

Stage 2

The pressure sore progresses to an open wound or blister, where skin breakdown has occurred. Stage 2 bedsores require immediate medical attention to avoid further complications.

Stage 3

The existing pressure ulcer has become a deep wound affecting the tissue beneath the skin, including fat layers. 

Stage 4

Involves extensive damage to muscle, bone, and deep tissue. These ulcers can lead to life-threatening complications like infections or sepsis. Stage 4 bedsores are clear evidence of extreme neglect and often result in significant legal claims for damages, as the injuries can be life-altering or fatal.

Common Causes of Pressure Ulcers in Nursing Homes

Developing pressure ulcers in nursing homes is almost always preventable with proper care. However, several factors contribute to the formation of bed sores, which are often linked to elder abuse and neglect:

• Immobility: Residents unable to move independently are at high risk of developing pressure ulcers. Nursing home patients need to be repositioned regularly to prevent prolonged constant pressure on any one part of their body. Failure to do so leads to skin breakdown and chronic wounds.
• Poor nutrition: Nursing home residents require adequate nutrition to maintain healthy skin and prevent injuries. Nursing homes that fail to provide a balanced diet with proper hydration increase the likelihood of a bed sore forming.
• Inadequate staffing: Understaffing is common in assisted living and skilled nursing facilities. When there aren’t enough caregivers to assist with repositioning residents, ensuring proper hygiene, or monitoring for early signs of pressure ulcers, residents are more likely to suffer from elder abuse and neglect.
• Failure to reposition patients: Bedridden patients must be regularly repositioned to alleviate pressure on vulnerable areas. Nursing home staff that neglect this duty directly contribute to developing a bed sore.

The Dangers of Untreated Bedsores

Untreated bed sores pose serious health risks, especially for elderly or bedridden patients. Without proper treatment, pressure ulcers can lead to:

• Infections: Pressure sores create open wounds that can easily become infected, especially if not properly cleaned and cared for. Infections can spread to the bone (osteomyelitis) or blood (sepsis), both of which are life-threatening.
• Sepsis: When an infection from an untreated bed sore spreads to the bloodstream, it can cause sepsis, a potentially fatal condition that leads to organ failure. Los Angeles nursing home residents who develop sepsis from untreated pressure ulcers are often the victims of elder abuse and neglect.
• Death: In extreme cases, untreated bed sores can result in death. Nursing homes that allow pressure sores to progress to this stage are likely failing to provide even basic care, making them liable for nursing home abuse.

Pressure Ulcer Prevention in Nursing Homes

Preventing pressure ulcers in nursing homes is both possible and required by law. Nursing homes must follow established protocols to protect vulnerable residents from developing bedsores. These preventive measures include:

• Regular repositioning: Nursing home staff should reposition residents at least every two hours to reduce constant pressure on high-risk areas.
• Proper nutrition and hydration: Ensuring that residents receive a balanced diet and are adequately hydrated can significantly reduce the risk of skin breakdown. Failing to provide this is often elder abuse.
• Maintaining hygiene: It is crucial to keep the patient’s skin clean and dry, especially in areas prone to excessive moisture, to prevent pressure sores.
• Staff training: Nursing home staff must be trained to identify the early signs of pressure ulcers and to take the appropriate steps to prevent them from worsening. Failing to train staff can make a facility liable for elder abuse.

Legal Responsibility of Nursing Homes 

Los Angeles nursing homes have a legal duty to provide adequate care to residents and prevent pressure ulcers. Both state and federal regulations establish the legal responsibility of nursing homes to ensure their residents’ safety and well-being.

Under the Nursing Home Reform Act, facilities must prevent nursing home abuse and neglect by maintaining a certain standard of care. 

They are obligated to provide proper nutrition, hygiene, and medical treatment to prevent the formation of bed sores and other injuries. When a negligent nursing facility fails to meet these standards, it can be held liable for the injuries caused.

In California, state laws also require nursing homes to meet strict guidelines regarding resident care. 

Families who suspect that their loved one is suffering from nursing home neglect should report the abuse to Adult Protective Services or the elder abuse hotline, as well as seek the assistance of a Los Angeles nursing home pressure sore lawyer. This is a crucial step if you notice your loved one develop pressure ulcers.

Eligibility to File a Bed Sore Lawsuit 

In cases where Los Angeles nursing home neglect leads to the development of bed sores (also known as pressure ulcers), certain individuals are eligible to file a lawsuit to seek justice and compensation for the harm done. Eligibility to file a nursing home bedsore lawsuit generally extends to the following parties.

The Nursing Home Resident

The primary party eligible to file a lawsuit is the nursing home resident who has suffered from pressure ulcers due to Los Angeles nursing home abuse or neglect. Suppose the resident is aware of their condition and can take legal action. In that case, they can file a pressure ulcer lawsuit against the nursing home or assisted living facility responsible for their care.

Family Members or Legal Guardians

In situations where the Los Angeles nursing home residents cannot file a lawsuit themselves, their family members or legal guardians may step in to take legal action on their behalf. In these cases, they will seek compensation for the same damages the resident would be entitled to, including medical expenses and the pain and suffering caused by the pressure sores.

The Estate of the Deceased Resident

Tragically, pressure ulcers can sometimes lead to severe infections, sepsis, or other complications that result in the resident’s death. In these instances, the family of the deceased resident or the executor of their estate may file a wrongful death lawsuit against the Los Angeles nursing home. 

These lawsuits aim to hold the facility accountable for its role in the resident’s death, which was likely preventable with proper care.

Why Choose Nursing Home Law Center 

At Nursing Home Law Center, we are dedicated to representing victims of nursing home neglect, particularly those suffering from preventable bedsores or pressure ulcers. With extensive experience handling nursing home bedsore cases, our attorneys have the expertise to hold nursing homes accountable for failing to provide proper care. 

We understand the physical, emotional, and financial toll that pressure sores can take on residents and their families, so we offer compassionate, personalized client service throughout the legal process.

Our firm has a proven track record of successfully securing maximum compensation for our clients, helping them recover damages for medical expenses, pain and suffering, and other losses resulting from nursing home abuse. We are committed to pursuing justice for victims through settlement negotiations or litigation in court.

Filing a Nursing Home Bedsore Lawsuit 

When a nursing home resident develops bedsores due to neglect, filing a lawsuit is often the best way to seek justice and compensation for the harm they’ve endured. Nursing home bedsore lawsuits require a thorough investigation and the presentation of compelling evidence to prove that the facility failed to provide adequate care.

Evidence Needed for a Successful Lawsuit

Building a strong case against a nursing home requires solid evidence to prove that the pressure ulcers were caused by neglect or improper care. The following types of evidence are critical for a successful nursing home bedsore lawsuit:

• Medical records: These records document the resident’s health condition, treatments received, and the progression of the pressure sores. Medical records are vital for showing whether the nursing home provided the appropriate care or whether neglect was a factor in the development of pressure ulcers.
• Photographs of the bedsores: Visual evidence of the bed sores at various stages can provide powerful proof of the severity of the injuries. Photos taken early in the case can demonstrate how the bed sores worsened over time, indicating neglect.
• Witness statements: Statements from family members, caregivers, or other residents can help corroborate the claim the nursing home failed to provide proper care. Witnesses may testify to the facility’s conditions, the staff’s behavior, and the level of care provided to the resident.

Preserving this evidence as early as possible is crucial to building a strong case. Delays in gathering evidence can weaken the lawsuit and limit the chances of securing maximum compensation.

Common Defenses Used by Nursing Homes in Bedsore Cases

Nursing homes often employ several defenses to avoid liability in bedsore lawsuits. Some of the most common defenses include the following.

Unavoidable Bedsores Due to Pre-Existing Conditions

Nursing homes may claim that the resident’s pressure ulcers were unavoidable due to their health conditions, such as diabetes, circulatory issues that cause poor blood flow, or immobility. 

While certain health conditions can increase the risk of bed sores, this defense does not absolve the nursing home from its duty to prevent bedsores through adequate care and prevention methods.

Contributory Negligence

In some cases, nursing homes might argue that the resident’s actions or lack of compliance with medical advice contributed to developing pressure sores. This defense is often weak in cases involving nursing home neglect, as many residents are unable to move or make decisions for themselves.

Blaming Outside Caregivers or Previous Facilities

Some facilities may try to shift the blame to prior caregivers or hospitals, arguing that the bedsores developed before the resident entered their care. A thorough review of medical records and documentation can often disprove these claims.

Proving Negligence in Bedsore Lawsuits 

To succeed in a nursing home bedsore lawsuit, the plaintiff must prove that the nursing home was negligent. This is done by establishing the following four elements:

Duty of Care

The nursing home is legally obligated to provide its residents with a reasonable standard of care, which includes taking steps to prevent pressure ulcers. Federal and state laws that regulate nursing homes establish this duty.

Breach

A breach occurs when the nursing home fails to meet the expected standard of care. For example, if staff members fail to reposition a resident regularly or if the facility is understaffed and unable to provide proper care, this would constitute a breach.

Damages

The resident must have suffered measurable harm, such as chronic wounds, infections, or other complications resulting from the bed sores. These damages can include physical, emotional, and financial harm.

Causation

It must be proven that the nursing home’s breach of duty directly caused the pressure sores and their resulting complications. This can be challenging, especially if the nursing home tries to claim the bedsores were inevitable due to pre-existing conditions.

The Role of Expert Witnesses

Expert witnesses, particularly medical professionals, are crucial in bedsore lawsuits. These experts can provide testimony to explain how pressure ulcers develop, the standard of care that should have been provided, and whether the injuries could have been prevented. 

In many cases, an expert’s testimony is essential to proving that the nursing home was negligent and that the pressure sores were avoidable with proper care.

For example, a wound care specialist might testify about the severity of the pressure sores and how timely intervention could have prevented their development or progression. These experts can also refute the nursing home’s defenses, such as claims that the bed sores were inevitable due to the resident’s medical conditions.

Statute of Limitations for Bed Sore Lawsuits 

California has a specific time limit for filing a nursing home bedsore lawsuit, known as the statute of limitations. Typically, the statute of limitations for these cases is two years from the date of the injury or discovery of the injury. This means the lawsuit must be filed within two years of the date the pressure ulcers were discovered, or the right to file a claim may be lost.

Acting quickly and consulting with a nursing home pressure injury lawyer as soon as possible is crucial. Missing the statute of limitations can prevent victims and their families from obtaining justice and maximum compensation for the harm caused by nursing home neglect.

How a Nursing Home Bedsore Attorney Can Help

When a loved one suffers from bedsores due to nursing home neglect, working with an experienced nursing home pressure sore attorney is crucial for pursuing justice and compensation. An attorney can guide families through the legal process, ensuring that their rights are protected and that those responsible for the nursing home abuse are held accountable.

Investigating the Case

A pressure sore attorney’s first step is conducting a thorough investigation into how the pressure ulcers developed. This involves reviewing the nursing home’s care practices, staffing levels, and medical treatment records. By identifying gaps in care, an attorney can uncover instances of nursing home neglect that contributed to the bed sores.

Gathering and Preserving Evidence 

Building a strong case requires solid evidence. Your pressure injury attorney will gather critical evidence, including medical records, photographs of the bed sores, and witness statements. They will also ensure that this evidence is preserved early on to strengthen your claim and avoid potential loss of vital information over time.

Negotiating with Insurance Companies  

In many cases, California nursing home abuse lawyers negotiate with the nursing home’s insurance company to secure fair compensation for the victim’s injuries. An experienced personal injury attorney can handle all communications with the insurance company, ensuring your rights are protected and you receive the maximum compensation possible.

Taking the Case to Trial 

If a fair settlement cannot be reached, your nursing home bedsore attorneys will take your case to trial. They will present the evidence, call on expert witnesses, and argue on your behalf to secure justice for the nursing home resident. A skilled pressure ulcer attorney is prepared to advocate for you in court to achieve a favorable outcome.

Contact an Experienced Pressure Ulcer Lawyer Today! 

If your loved one has suffered from pressure ulcers due to nursing home neglect, you don’t have to face this battle alone. 

At Nursing Home Law Center, we have the experience and dedication needed to fight for justice on behalf of victims of nursing home abuse. Our Los Angeles nursing home abuse lawyers are well-versed in handling bedsore lawsuits and are committed to holding nursing homes accountable for the harm they cause.

Contact us today for a free consultation. We’ll discuss your case, explore your legal options, and begin the process of securing the bedsore settlement your family deserves. Let us fight for the justice and closure you need.

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