Nursing homes across the country have a rising concern about the treatment of elderly residents and the constant allegations of abuse and negligence that lead to injuries like bedsores. Although these situations are not the only indicative of poor treatment inside these facilities, they may carry other complications and consequences, including death.
Our bedsore attorneys will help you if you suspect that your loved one is being abused or neglected; we offer free consultations by phone or video calls or in person in our different offices in Arizona.
What Are Bedsores? - How To Identify Them
Bedsores are an injury created on the skin; it affects the underlying tissue because a specific spot receives prolonged pressure. You can find them with other names, such as pressure sores or pressure ulcers. This type of injury can appear anywhere on the body, but it’s more common to see them in heels, ankles, hips, and the tailbone. They can appear for many reasons, and despite this, you can file a bedsore lawsuit if you suspect these injuries are caused by neglect in a nursing home.
Bedsores won’t appear overnight, and our bedsore malpractice attorney understands these injuries must go through a process until they finally appear.
Some situations where a vulnerable adult will develop are:
- Friction, sliding or rubbing against material like bedsheets, can damage blood vessels and deprive skin of blood.
- Pressure is the most common cause since it compresses the skin between the bone and other surfaces for too long, causing the blood to stop flowing.
- Lack of muscle or fat can lead to bedsores because no layers protect the skin from the bone.
- Shear can cause bedsores, which can be part of a nursing home bed sores lawsuit; this will cause the skin to move away from the bone if the staff is not careful and gentle enough to move the patient.
- Dehydration and Malnutrition are other causes of the lack of nutrients the skin and muscles need to stay strong. Without these nutrients, these organs become fragile and prone to bedsores.
- Unsanitary conditions such as unclean beds or when the beds are not evenly distributed pressure can lead to bedsores.
- Moisture Imbalance causes unhealthy skin that can be dry and not clean enough, increasing the risk of friction.
- Decreased sensitivity for a medical condition related to blood flow disease leads to a high risk of developing bedsores.
- Unusual changes in skin color or texture
- Swelling
- Pus draining from the wound
- Temperature changes in the infected area
- Tender areas
- Blisters
- Open wounds
Bed Sores? Suspect Neglect?
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Are There Laws Protecting My Loved Ones if They Develop Bedsores?
In the United States of America, every nursing home has a duty of care for their residents, and neglecting them and reaching extremes of developing bedsores or failing to treat one is enough to contact a nursing home bedsore lawyer. The Quality of Care rules (41 C.F.R § 483.25 (c) (2011)) explain residents who enter a facility without a bedsore shouldn’t develop one unless the elderly resident has a clinical condition that demonstrates they are unavoidable. If a vulnerable adult is a resident in a nursing home, the patient must receive the correct treatment to avoid infections and promote quick healing to not fall into complications.
The Federal Nursing Home Reform Act (FNHRA) requirements force nursing homes to provide residents with enough hydration liquid to maintain a scheme to promote health and avoid bedsores. With this act, the number of cases of bedsores related to nursing homes decreased drastically, as well as the physical restraints and urinary catheters. This act still represents a tool for nursing home bed sore attorneys, and sufficient evidence for suing hospitals for bed sores or other facilities that offer care of vulnerable adults can lead to justice for you and your loved ones who were neglected.
Who is Liable for Bedsores?
Bedsores require specific conditions to develop and are often preventable; caregivers in nursing homes should be aware of their duty and avoid negligence and possible liability in pressure ulcer cases. Likewise, most bedsore law firms take evidence related to these facilities, as well as long-term care facilities, rehabilitation centers, and hospitals, as the ones responsible for the bedsores and place them liable for these preventable injuries.
Some common factors that will make these institutions liable for the development of bedsores in vulnerable adults are:
Compensation in Bedsores Lawsuits
Vulnerable adults and residents of nursing homes are prone to develop pressure ulcers for countless variables, and that’s why our bedsore attorneys are ready to support you in your journey to obtain the compensation you deserve. Each case is different, which means compensations vary depending on whether they include economic and no-economic resolutions, such as:
- Medical Expenses: it’s one of the most common claims related to bedsores since it includes all the bills from the medical side, such as reports, doctor or specialist visits, treatments, surgeries, and hospitalization.
- Loss of income: This section embraces the patient’s ability to work before the bedsore appeared. It will also include any financial activity performed that is now impossible due to the injury.
- Pain and suffering: The possibility of the pain and suffering related to the injury will be a non-economic cause used on claims. It’s possible to adhere to things like physical pain, emotional distress, or mental anguish.
- Loss of enjoyment: vulnerable adults are prone to suffer episodes of depression, which can lead to stopping their usual activities or hobbies because of the bedsore. This will have a significant impact on the way they enjoy and see life.
- Punitive damage: If there is a chance that the primary caregiver intentionally abused or neglected the vulnerable resident, the claim will include punitive damage to make them pay for their actions.
- Future care costs: it refers to the possibility of extending treatments and medical expenses over time to promote the healing of the bedsore.
- Wrongful death: although bedsore can lead to a fatality, it’s not common, but if vulnerable adults don’t receive the proper treatment on time, they may face an unexpected death.
Each case is complex, and depending on the implications of each bedsore lawsuit, the resolutions will be different. Our nursing home bedsore lawyer is prepared to help you in your legal process to obtain compensation, which usually ranges from $50,000 to $3 million.
Legal Basis for Filing a Bedsores Lawsuit
Each pressure sore case is different, and depending on the implications, our nursing home bed sore attorney will consider all variables. The numerous factors that vulnerable adults have to develop bedsores can frequently fall under these premises: lack of staff training, failure to reposition, or not receiving the proper care from nursing homes. You can also link other factors, such as poor hygiene, dehydration, or malnutrition that can actively participate in the creation of a bedsore.
If you are thinking of filing a claim for bedsore related to abuse and neglect of your loved one, you must also include the lack of frequent motorization or not receiving treatment promptly. All of these are to avoid the natural progression of the injury. If this happens, you will have enough weight to ask for help in our bedsore law firm.
What Evidence Is Necessary for a Bedsores Case?
Filing a claim for a bedsore case is a simple task; however, the steps to follow and which evidence you should bring to the table are unknown to most people. At Phoenix Accident and Injury Law Firm, our bedsore malpractice attorney will guide you through the legal process of filing a claim. However, we want to help those who suffered or have seen a loved one go through this event.
You can document the situation by taking photos or videos and even see if they compare the health of the vulnerable before they are admitted to a nursing home. Gather all the information possible that relates your case to how the elderly resident developed a bedsore. You can use medical reports as evidence if needed. Once you have every detail possible, it’s time to report the neglect and ensure your loved one is safe. After all this, contacting a bed sore lawyer can benefit your case so that it does not get drowned in the paperwork and the back and forth.
Why Choose Us As Your Nursing Home Bedsore Lawyer
At Phoenix Accident and Injury Law Firm, our bedsore lawyers will assist you beyond the legal process, ensuring you and your loved one recover the peace stolen for a nursing home, with more than 20 years of experience helping and obtaining successful results in pressure ulcer cases. We will support you in your journey of seeking justice and guide you to obtain the compensation you deserve.
Contact us today for a free consultation with no upfront cost,
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For More Information, Take a Look at These Articles
- When should I get a lawyer for my bedsores case?
- What are the causes of bedsores?
- Can I file a nursing home abuse claim for my bedsore case?
- Who can I contact to file a bedsore complaint against the nursing home?
- What is the process of filing a bedsore complaint?
- What federal laws relate to keeping residents of nursing homes safe?
- Is having bedsores a sign of nursing home abuse?
- How much liability do nursing homes carry for bedsore cases?
- How can care plans help prevent bedsores?
- Are bedsores a sign of nursing home neglect?
- What impact does understaffing in nursing homes have on patients with bedsores?
- How long do I have to file my bedsore claim?
- What happens if bedsores are left untreated?
