Loved ones with seniors who have mobility issues turn to a nursing home for help. But, unfortunately, a significant number of these homes fail to meet the needs of such patients.
Bedsores are common injuries suffered among bedridden or residents who cannot move on their own. Unluckily, these injuries may even lead to death.
Bedsores are preventable. This means that any resident who undergoes such suffering at the hands of caregivers should get compensated. Bedsores occur mainly to those residents who have stayed in a facility for an extended period of time.
There is no valid excuse for bedsores injuries in a nursing home facility. That’s why one should make it a priority to get a bedsore attorney who understands such cases.
There are many causes of bedsores in a nursing home. The most common ones include:
Bedsores progress from stage 1 to 4. At stage IV, the patient is always at risk of getting other ailments such as cancers, diabetes among other chronic diseases.
It may be difficult to detect the first stage, but there are apparent signs one cannot fail to see as it progresses. To determine whether your senior is suffering from bedsores, you can look for symptoms such as:
For the last stage, the injuries may damage the muscles, bones, or even the skin may lose sensory perception.
The nursing home staff has all the knowledge to treat bedsores before they breed serious health issues. When this doesn’t happen, they should be held liability. Many have been awarded thousands of dollars after filling such lawsuits.
For a successful claim, the theory of negligence must come to play. The burden of proof will lie with the defendant. Thus, you have to prove that the nursing home facility or the health caregiver had:
As mentioned earlier, not all bedsores emanates from negligence. This shows that you may require extensive evidence to demonstrate how your senior suffered under the hands of irresponsible staff or nursing home.
To obtain justice for your resident, you can choose to settle with the nursing home insurance company or file a lawsuit.
Remember that failure to comply with the statute of limitations may deter you from filing your claim. In Washington DC, you may have three years from the date you learn of your senior’s injuries to file a claim. This applies to your personal injury claims or a medical malpractice claim
Also, there are exceptions to filing. Your bed sores lawyer can advise you on whether available exceptions may apply in your case.
If you try to file your claim after the deadline, the chances are that the defendant will argue out the deadline is passed. Besides, they may file a motion to dismiss your case.
Bedsores cases require proper legal knowledge. Thus, to ensure you resident gets the justice they deserve, don’t hesitate to speak to an experienced bed sore lawyer. You can ask any demanding questions such as whether to settle or litigate and how much your claim is worth, among others, during your free case review.