Yes. Except with respect to certain very limited conditions, nursing homes are almost always liable for bedsores (also called pressure sores or decubitus ulcers).
If your loved one developed bedsores while in a nursing home, it is critical to call our office to schedule a free consultation and case evaluation with an experienced nursing home bedsore lawyer. At Friedlander & Mosher, as nursing home bed sore attorneys, we represent clients on a contingency fee basis, meaning we only receive a fee for our services and representation when compensation is recovered through a settlement or jury award.
Let us tenaciously fight for justice and accountability!
What are Bedsores?
Bedsores are ulcers that materialize on areas of the skin that are under pressure from sitting in a wheelchair, lying in bed, or wearing a cast for a prolonged period, which is why they are often referred to as pressure ulcers.[1]
How are Bedsores Caused?
Bedsores occur when the weight of a person presses down on skin, cutting off circulation and applying too much pressure to the same location, which harms the skin over time.
People who are fairly healthy actively re-position body weight frequently, by taking breaks from sitting in the same position during the day, and by moving at night in their sleep. Healthy people also have good circulation and body mass, two important aspects that are often missing in the elderly who are frail, and in others who have severe mobility limitations, such as those who are paralyzed.
As a result, those who have poor circulation and who are unable to reposition their body weight are at increased risk for developing bedsores and pressure sores.
Fortunately, almost all bedsores can be prevented by periodically moving and turning bedridden patients or moving and repositioning those who are wheelchair bound, as doing so helps encourage blood circulation.
What Should Evaluations and Action Can Be Taken By Nursing Homes Do to Prevent Bedsores?
Bedsores usually can be avoided in nursing homes if proper safety protocols are implemented, including:
- Interdisciplinary Assessments (“IA”). During an IA, a team of medical specialists create an individualized care plan detailing the safeguards that MUST be implemented to protect a resident with increased risk of injuries. Nursing Homes must conduct interdisciplinary assessments on each resident:
- At admission, and
- If they suffer a major medical event (such as a stroke or heart attack)
- Skin Assessments. Long-term care facilities typically must perform a daily skin check or wound care assessment if bedsores start to develop.
- Repositioning. Nursing staff should move and turn bedridden residents at specified time intervals, and they should check their skin and administer any necessary wound care.
When a nursing home accepts a new resident, they assume a duty to provide the patient with a reasonable level of care to tend to their health, prevent harm, and provide a safe environment. When a nursing home fails to uphold this duty and a resident is injured, the owners and operators may be financially liable.
Are Bedsores Dangerous?
Yes. Bedsores are ulcers, and can very quickly progress from formation to severe deterioration of muscle and tissue, which can even expose bones.
As bedsores get progressively worse, they become incredibly painful, and can lead to complications such as infection, cellulitis, or sepsis, all of which can be fatal. In addition, for those in fragile health, any type of injury can lead to other health complications, which can also lead to death.
As a result, it is critical that any bedsore case receive immediate treatment.
When Can I Sue for Bedsores In New York?
Nursing homes are required to provide a standard of care that keeps residents safe and comfortable. When personnel fails to do so, injuries (such as bedsores) can quickly arise, potentially exposing nursing homes and care providers to liability for professional malpractice and/or nursing home negligence.
As nursing home bedsore lawyers, we have decades of experience in holding nursing homes accountable for injury and wrongful death. We can listen to the facts of your case, explain your legal options, and fight tenaciously if we are to serve as your lawyers in seeking full compensation from all liable parties, such as:
- Nursing Home Owners
- Long-Term Care Facility Operators
- Doctors
- Nurses
- Staff
How Does Your Firm Help Bedsore Injury Victims and Their Families?
Nursing home negligence, neglect, and abuse cases are challenging; we help clients by handling all legal matters from start to finish, including (but not limited to):
- Conducting Investigations. We will put our decades of nursing home abuse experience to work for you by thoroughly investigating the circumstances surrounding your loved one’s bedsores, interviewing witnesses, collecting medical records, and consulting with physicians who can evaluate injuries.
- Handling Insurance Matters. We work as a client liaison with insurers, speaking with adjusters about claims so victims can focus on their recovery.
- Assessing Potential Future Damages. It can be challenging to calculate future medical care needs, but we regularly work with renowned experts to assess potential future damages. This can include medical bills, pain and suffering, and other damages (including punitive damages in egregious situations).
- Tenaciously Fighting for Full and Fair Compensation. Nursing homes have a primary goal of making money; thus, they will often do everything possible to avoid paying a full and fair settlement, even if they know such an amount is justified. As nursing home injury attorneys, we tenaciously pursue the maximum compensation for clients, and we will not hesitate to take a case to trial if a fair settlement cannot be reached.
How Long Do I Have to File a Nursing Home Bedsore Lawsuit in New York?
Under New York law,[2] injury victims typically have three years from the date that nursing home negligence occurred to file a claim (known as the statute of limitations). If a claim is not filed within the statute of limitations, a lawsuit may be time-barred, meaning a victim will likely be unable to pursue compensation in court.
Should I Hire A Nursing Home Bedsore Lawyer?
To ensure that you do not miss critical deadlines, and before you or a loved one accepts a settlement offer, we urge you to call our office at 607-272-5590 as soon as possible to schedule a free consultation with an experienced nursing home injury lawyer.
We represent injured nursing home residents on a contingency fee basis, meaning we do not charge a fee unless we recover compensation through a settlement or jury award. Further, we advance all litigation expenses while a case is ongoing and offer a free initial consultation.
Schedule A Free Consultation with An Experienced Nursing Home Bedsore Lawyer – No Fee Unless Compensation is Recovered
[1][1] What are bedsores?, John Hopkins Medicine, https://www.hopkinsmedicine.org/health/conditions-and-diseases/bedsores#:~:text=Bedsores%20can%20happen%20when%20a%20person%20is%20bedridden,or%20wearing%20a%20cast%20for%20a%20prolonged%20time.
[2] The Consolidated Laws of New York, The New York State Senate, https://www.nysenate.gov/legislation/laws/CVP/214
