Can You Sue a Nursing Home for Bedsores?

Many families depend on nursing homes to care for their elderly loved ones, especially when they are unable to meet that person’s needs every day and night. Unfortunately, many nursing homes do not fulfill their responsibilities and even take advantage of families’ trust and confidence in them.

One of the most common signs that you can look for to determine whether an elderly loved one is being neglected is bedsores. You should take action immediately if you notice any of these damaged areas on your loved one’s skin. While it can be difficult to come to terms with the fact that your loved one has not received the attention and care that they need, the important thing to focus on is that they deserve justice for the neglect and mistreatment they have endured.

What are bedsores, and how do they develop?

According to the Mayo Clinic, bedsores, also called pressure ulcers, are “injuries to the skin and tissue below the skin that are due to pressure on the skin for a long time.” These sores are most commonly found in bony areas of the body, such as the tailbone, hips, ankles, shoulder blades, spine, and heels.

Bedsores usually develop when an individual is in one position for a long period with little to no movement. This causes the body’s weight to be placed in certain areas for too long, reducing blood flow and causing skin cells to die. If an elderly individual is unable to move on their own and is left in a sitting or lying position for a long period, they may begin to develop bedsores. Bedsores occur in four stages:

1. Stage one: Stage one bedsores are usually red and unbroken. They can be challenging to see, but symptoms include warmness to touch, pain and discomfort in a specific area of the skin, and itchiness.
2. Stage two: Stage two bedsores are a little worse than stage one. These bedsores are very painful as blisters begin to form in the area. Your elderly loved one may also have liquid or pus oozing, and there may be a lot of redness and swelling.
3. Stage three: When a bedsore reaches stage three, it is very serious. This is because the damage goes below the first and second layers of skin, causing a crater to develop. Stage three bedsores can easily become infected, which means they may have a bad smell, appear leaking fluids or pus, look very red, and are hot to touch. It is not uncommon to see blackness around the bedsore at this stage, as this usually indicates that the tissue has also begun to die.
4. Stage four: Stage four bedsores are large open wounds. When a sore reaches this stage, the bones, ligaments, muscles, tissues, and joints become affected.

Are bedsores a sign of negligence?

Bedsores are almost always a clear indication of nursing home negligence. Nursing homes are well aware of the possibility of disabled, paralyzed, or incapacitated individuals developing bedsores, which means that they assume the responsibility for taking preventative steps to reduce the risks. However, if the nursing home claims that they did take preventative steps to reduce the development of bedsores, they are also responsible for detecting and treating these sores as soon as they start to form.

If bedsores are not prevented or treated promptly, this is a sign that your elderly family member did not receive the standard level of care, which is a sign that their caregivers were negligent. If you discover bedsores in your family member, you should talk to a bedsore nursing home lawyer immediately. They will investigate whether your family member was moved regularly, whether the nursing home staff members routinely looked and checked for bedsores, and whether they provided treatment at first sight of damage or sores on the skin.

Can you sue a nursing home for bedsores?

Yes, you absolutely can sue a nursing home for bedsores. However, you must be able to prove that negligence was present. You can do this by showing that the following was present:

• Duty of care: The nursing home owed your loved one a duty of care, which was to prevent and treat bedsores as quickly as possible.
• Breach of duty: The nursing home breached the duty of care by neglecting your loved one.
• Causation: The breach of duty directly caused your loved one’s injuries.
• Damages: They suffered damages as a result.

Federal law (42 CFR § 483.25) specifically states that all residents must receive adequate care to prevent bedsores. If bedsores emerge, the residents must receive prompt treatment to “promote healing, prevent infection and prevent new ulcers from developing.” Therefore, if a nursing home cannot prove that a bedsore was unavoidable, they took steps to prevent it before it emerged, or that they cared for and treated it before it became severe, you most likely can pursue a claim or lawsuit against the nursing home facility.

How to gather evidence to support a claim for bedsores

Evidence is crucial to the success of a claim for bedsores. Here are some examples of evidence that you should submit along with your bedsore claim:

• Photos
• Videos
• Medical records
• Doctor notes
• Receipts and invoices
• Prescriptions
• Eyewitness statements
• Expert witness testimonies
• Surveillance footage
• Audio recordings
• Emails, text messages, or other forms of communication from the nursing home
• Journal entries
• Reports made to the nursing home

If you are having difficulty gathering evidence for a bedsore claim, a lawyer can reach out to various places to help you retrieve the documents, information, and records you need.

What are the long-term effects and complications of bedsores?

Bedsores can lead to many long-term effects and complications, such as:

• Sepsis
• Infections in the bones and joints
• Cellulitis
• Skin cancer
• Permanent damage to the skin, muscle, tissues, and bones
• Abscesses

Bedsores do not always heal. Instead, they can become chronic wounds that lead to recurring infections, illnesses, and bone and joint problems.

What damages can you receive for bedsores?

Damages that can be recovered for bedsores include the following:

• Current and future medical bills
• Current and future lost income or wages
• Fees and expenses associated with moving to a new nursing home or long-term care facility
• Physical pain and discomfort
• Mental anguish and emotional distress
• Disability
• Loss of quality of life
• Loss of enjoyment of activities
• Scarring and disfigurement
• Loss of companionship
• Funeral and burial costs in wrongful death cases

If your family member developed bedsores under the care and supervision of a nursing home, the nursing home bedsore attorneys at Garcia & Artigliere can help. Our team has decades of experience advocating for clients who have discovered bedsores in their elderly loved ones. If you are ready to hold the nursing home or another long-term care facility accountable for their negligent actions, please call our office or submit our contact form for a free case review today. We have offices in Long Beach, Los Angeles, New Orleans, and Phoenix for your convenience.