According to the CDC, bedsores affect about 11% of nursing home residents. Bedsores can cause significant pain and lead to more serious medical problems. Residents with limited mobility are especially at risk.
If you’re not sure what to do when a nursing home patient has bedsores, give us a call and we’ll help you figure it out. More information may be found here., you may wonder what to do next. Should you file a legal claim? Our attorneys for nursing home abuse and neglect can help you decide on your next steps.
Should you sue over nursing home bedsores?
You should sue over nursing home bedsores if the injuries are significant and require more than minor medical treatment. In addition, there must be sufficient evidence to show that the bedsores resulted from action or inaction on the part of care providers.
Understanding if you should sue because of bedsores
When bedsores occur, the pivotal question is whether it is appropriate to bring legal action. There are two primary considerations – First, is the injury serious enough to justify legal action? Medical professionals categorize bedsores by stages. Stage 1 is the least serious, and stage 4 is the most serious.
When bedsores are moderate or severe, it may be appropriate to bring a legal claim. These are sores that break into deeper layers of skin and may cause more serious medical harm, complication, and pain. When the patient’s medical condition rises to the level of a significant medical problem, legal action may be appropriate.
Second, is the care facility to blame for the bedsores? The sores must result from the inadequate care that the victim received. Of course, bedsores result from too much pressure on certain parts of the body over time, so it’s often the case that the care facility is to blame for inattention when bedsores occur.
If both questions are answered in the affirmative, you may be in a situation where you should sue for nursing home bedsores. It’s not always easy to know the right thing to do. An experienced attorney for bedsores in nursing homes can help you evaluate the many facts and factors that may be important to determining whether you want to file a claim.
Can you sue over bedsores?
You can sue over bedsores if they result from medical malpractice or the negligence of care providers. The victim must suffer injury because of the unreasonable action or inaction of the care facility. To sue over bedsores, the victim must initiate their case before the expiration of the statute of limitations.
How do you prove the nursing home is liable for bed sores?
How you prove liability for nursing home bedsores depends on what happened and what information is available. A victim may rely on:
- Photographs of injury
- Medical records
- Testimony of medical experts
- Records of employee work history and patient care activity
- Training and monitoring records for workers
- Video from the facility
- Testimony of the victim and other residents of the facility
- Statements of employees and care providers
Not all types of evidence may be available or necessary in all cases. The victim needs to show what their damages are and how they occurred. The evidence must show how the defendant is responsible for what happened.
Are nursing homes responsible for bedsores?
A nursing home is responsible for bedsores if they do not take reasonable steps to prevent them. Bedsores result from damage to the skin tissue from pressure over time. Excessive sitting in bed, confinement to a chair, and mobility limitations may all produce bedsores. They are more likely to occur when a resident has:
- Mobility limitations
- Incontinence
- Disruption in pain receptors
- Nutrition and hydration deficiencies
- Poor blood flow or diabetes
It’s the legal obligation of the nursing home to provide reasonable care. They must do things that are reasonable in the circumstances. They may not do things that a reasonable person would not do in the same circumstances.
The nursing home must know the care needs of their residents and provide for them. They are not expected to prevent all negative outcomes. However, medical care must be timely and sufficiently thorough.
Care providers must check on patients at reasonable time intervals. They must respond to needs. They must have adequate staffing to respond to needs. They must train staff members to do their jobs. When the nursing home fails in these duties, they may be responsible for bedsores.
Attorneys for Nursing Home Bedsore Lawsuits
Are you wondering whether you should file a claim for bedsores in a nursing home? Our attorneys are available to help. Let us help you evaluate what has happened to your loved one and explain the legal standards involved. We can help you weigh the options as you consider if you should file a claim. Contact our attorneys for nursing home bedsore lawsuits today to discuss your claim.
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