An article published in Patient Safety and Quality states that pressure ulcers occur in 0.4% to 38% of hospital admissions, depending on the setting. They are associated with mortality and, on average, cost $37,800 to treat.
Often, bed sores can be prevented.
Bed sores are painful, costly, and associated with overall health decline. If you or a loved one has suffered from bed sores in a hospital, you may wonder if you can sue the hospital.
[progression of bed sore tissue damage from Stage 1 to Stage 4]
Can you sue a hospital if you get bed sores?
You may sue a hospital if you get bed sores because of caregiver neglect. Hospitals have a duty to provide adequate care to patients, including regular position changes. A claim for bed sores may be based on general negligence or medical malpractice.
How Bed Sores Develop in Hospital Settings
Bed sores are open wounds that develop from pressure on the skin. The pressure prevents the skin from getting the blood flow it needs, which can damage the epidermis layer.
When there is pressure on one spot of the body for a prolonged period, the skin may open and reveal a sore. The area of exposed skin can grow large and may become vulnerable to infection. Bed sores may be life-threatening.
Bed sores can develop quickly in hospital settings. A person may be left in a certain position to treat a medical condition, or they can develop because of inattention from staff.
Factors that may impact the development of bedsores include:
- The overall health of the patient
- A medical condition that resulted in hospital admission
- Ability to adjust positions independently
- Age
- Skin stretching or exposure to moisture
- Inability to feel discomfort
- Fluid imbalance, poor nutrition
- Friction on the skin
There are certain areas of the body where bed sores are most likely to develop. These are the areas where the bones are closest to the skin, like the elbows, ankles, seats, and hips. If the skin is exposed to moisture (e.g. sweat, urine, or stool), bed sores are more likely to develop.
Infection from bed sores can lead to sepsis and bacterial meningitis. Amputation may be necessary, and in some cases, these sores may result in death.
The Legal Responsibility of Hospitals To Prevent Bed Sores
A person enters a hospital to receive medical care for a specific condition. They may have an urgent medical need or may be admitted for inpatient surgery.
The hospital has a duty to provide care for the medical reason that the person is admitted.
However, they also have a duty to care for the entire person. Good medical care in a hospital setting requires reasonable measures to prevent complications.
Medical care providers must have the training and skills to assess patient needs. They must then give the patient the needed care. Tasks will fall to multiple people who play a role in caregiving, including doctors and nurses. The duty of care requires caregivers to respond appropriately when signs of bed sores appear.
Example of South Carolina bed sore lawsuit
Hooper v. Ebenezer Sr. Services, 386 S.C. 108 (2009) was a wrongful death claim based on a death that occurred in a nursing home. The patient had memory deficits and needed significant care. The facility was aware that he had a high risk for bed sores. His care plan required repositioning every two hours and attention to nutritional needs.
In only three weeks, the patient developed decubitus ulcers and dehydration. The patient’s injuries were fatal, and wrongful death and survival claims followed.
The claims were based on poor medical care, which allegedly allowed the bed sores to develop.
The legal issues in the case surrounded the statute of limitations and identification of the defendant’s agent for filing the summons and complaint.
The Hooper case occurred in nursing care and was not a hospital bed sore lawsuit. However, it is still instructive of the duty of care and the remedy that may be available when bed sores occur in a medical setting.
Steps To Take If You Notice Bed Sores on a Loved One in the Hospital
If you notice bed sores on a loved one in a hospital, it’s important to take the following steps:
- Tell medical care providers. This allows them to respond and minimize the injury.
- Ask for documentation. Ask care providers to note the bed sore in the person’s medical record.
- Take photographs. This is evidence that the bed sore was present. It can document the severity of the injury and changes over time.
- Ask questions. Ask care providers how they plan to treat the injury. See if there are things that you can do, such as keeping track of position changes.
- Help with position changes. You may help the person change positions. This can relieve pressure. Supports like foam padding can also help.
- Watch for signs of infection. Watch your loved one for medical changes, including fever or a decline in health. See if the sore has drainage, swelling, or a foul odor.
- Continue to ask questions. Be sure that healthcare providers are aware of the bed sore. They should address it with medication, dressings, and changes in the patient’s care plan.
Proving Negligence in Bed Sore Lawsuits Against Hospitals
Suing a hospital for bed sores requires proving negligence. You explain the facts—what care the person was given, how long they were kept in one position, and any other contributing factors. You use medical evidence that must establish the acceptable standard of care and prove how the hospital failed to meet the standard.
Potential Compensation for Bed Sore Injuries
Compensation for bed sore injuries potentially includes:
- Increased medical bills
- Cost of a prolonged hospital stay
- Pain and suffering
- Mental anguish
- Physical disfigurement
- Decreased life expectancy, wrongful death
There is a financial component—the increased costs of treatment and longer stay in the hospital. There is also physical and emotional suffering. Potential compensation is both the economic and non-economic damages suffered by the victim.
Contact an Experienced Medical Malpractice Lawyer
Are you wondering if you can sue a hospital for bed sores? Contact an experienced medical malpractice lawyer at Bobby Jones Law. Call or message us now.
