Can You Sue a Nursing Home for Bedsores?
Nursing homes are supposed to be a safe environment for our aging loved ones. The very reason why most people move into nursing homes is because their families are unable to provide the care they need. Unfortunately, abuse and neglect happen far more often than they should in long-term care facilities, and they can have devastating consequences.
Bedsores are common in nursing homes and typically affect people who have limited mobility. These skin lesions develop as a result of prolonged pressure on the skin, which is why they’re often referred to as “pressure ulcers.” They’re especially common near bony protrusions like the shoulder blades, ankles, heels, and hips.
Not long ago, bedsores were considered a normal part of patient care. But today, hospitals and nursing homes are expected to take reasonable steps to prevent these lesions from forming. Such measures include moving patients regularly to prevent prolonged pressure on the skin and ensuring residents who are confined to wheelchairs have sufficient padding to prevent irritation.
Because bedsores can result from negligence, victims may have grounds for a claim against the facility where they reside. If you lost a member of your family due to bedsore-related complications such as infection, you might have grounds for a wrongful death claim and a survival action.
For your claim to be successful, you’ll need strong evidence of liability and damages.
Evidence of Liability
If a nursing home resident has a condition that limits his or her mobility and this is known to the nursing home staff yet they fail to take reasonable steps to prevent bedsores—and bedsores develop as a result—the facility may be liable for any damages incurred. Evidence of liability might include:
- Records that demonstrate understaffing at the nursing home;
- Statements from residents who live in the same facility;
- Records of other residents developing bedsores; and
- Security footage and/or keycard data tracking staff members’ moves.
Damages in Nursing Home Neglect Claims
When pressure ulcers go unaddressed, they can progress rapidly and lead to serious complications including cellulitis, cancer, and sepsis. If a resident develops bedsores as a result of nursing home negligence, he or she can bring a claim against the facility for all damages incurred, which may include:
- Surgeries, medication, and other past and future healthcare expenses;
- Other objectively verifiable costs related to the injury; and
- Non-economic damages such as pain and suffering and physical impairment.
Evidence of damages in a nursing home neglect case may include:
- Medical records;
- Statements from specialists;
- Personal injury journal entries; and
- Photographs of the bedsores in question.
Call 716-855-3761 to Speak with a Nursing Home Abuse Lawyer in New York
If you want to sue a New York nursing home for providing substandard care, contact LoTempio P.C. Law Group. We can perform a thorough investigation, interview nursing home residents and staff, and help you pursue the highest settlement possible. Call 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a nursing home abuse attorney in New York.