Legal Liability For Bed Sores Injuries In A Nursing Home Facility

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.

What Causes Bedsores In A Nursing Home Facility?

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:

  • Failure to reposition a senior who is unable to move.
  • Poor hygiene: A senior whose beddings are not clean is most likely to develop bedsores.
  • Poor blood circulation: Those with medical conditions that affect blood flow, such as diabetes, are more likely to suffer from bedsores.
  • Poor nutrition: Residents who don’t get a balanced diet are at a higher risk of developing bedsores as they have no minerals to maintain healthy skin.

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:

  • Patches on the skin
  • Change is skin color and texture. The skin becomes warm or tender feeling when touched.
  • Swelling
  • For the last stage, the injuries may damage the muscles, bones, or even the skin may lose sensory perception.

    Who Is Liable For Patients Bedsores?

    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:

    • A duty of care: It must be established that the plaintiff had the responsibility to avoid your senior from developing bedsores.
    • There was a breach of duty: The plaintiff failed to recognize and take action on their duty of care. Meaning, they allowed your senior to suffer from bedsores when they were capable of ensuring resident health. In a nursing home setting, it becomes easy to establish a breach of duty.
    • You must show connection between bedsores and the breach of duty: The bedsores must have emanated from negligence. This would be failure to act as per the required level of standard.
    • Damages: There must be compensation to receive for injuries suffered. The compensation will depend on the nature and extent of the resident bedsores.

    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.

    Filing Your Claim

    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.

Notify of
Inline Feedbacks
View all comments
Share via
Copy link