Bedsores, also known as pressure ulcers or decubitus ulcers, are painful and often preventable injuries that can occur when a person is confined to a bed or wheelchair for long periods. Unfortunately, bedsores are a common issue in nursing homes, and when they develop due to neglect, the responsible parties can be held liable. If you or a loved one has suffered from bedsores while in a nursing home, you may be wondering if you can take legal action. The short answer is yes, you can sue for bedsores under certain circumstances.
In this blog, we’ll explore how bedsores develop, what constitutes nursing home negligence and how you can pursue a lawsuit if your loved one’s injuries were caused by inadequate care.
What Are Bedsores and How Do They Develop?
Bedsores are areas of skin that become damaged due to prolonged pressure on the skin and underlying tissues. They often develop over bony areas of the body, such as the heels, hips and tailbone, when the skin is not relieved of pressure for extended periods. This can happen when a person is bedridden, in a wheelchair, or unable to reposition themselves due to physical limitations.
Several factors contribute to the development of bedsores:
- Prolonged Pressure: Constant pressure on certain areas of the body restricts blood flow to the skin and tissues, which can lead to tissue damage.
- Friction: When the skin rubs against bedding, clothing or other surfaces, it can cause damage to the skin and increase the risk of sores.
- Moisture: Incontinence or excessive moisture can make the skin more susceptible to breaking down.
- Poor Nutrition: Malnutrition and dehydration can weaken the skin and make it more prone to injury.
When Can You Sue for Bedsores in a Nursing Home?
Bedsores are often a sign of nursing home negligence, as they typically develop when a resident is not properly cared for. Under normal circumstances, nursing home staff should take proactive steps to prevent bedsores, such as repositioning patients regularly, ensuring proper nutrition and hydration and providing appropriate skin care.
If bedsores develop due to negligence or inadequate care, it may be grounds for a lawsuit. Nursing homes have a legal duty to provide residents with adequate care, and failing to do so could lead to liability.
Some examples of negligence that could lead to a nursing home bedsores lawsuit:
- Failure to Reposition the Patient
Nursing home staff are required to regularly reposition bedridden or immobile residents to relieve pressure on vulnerable areas of the body. If staff fail to follow these protocols and a patient develops bedsores as a result, this could constitute negligence. - Inadequate Skin Care and Hygiene
Nursing homes are expected to maintain good hygiene and care for residents’ skin. Failure to keep the skin clean and dry, especially for patients who suffer from incontinence, can lead to the development of bedsores. If staff neglect this responsibility, they could be held liable for the injuries that result. - Poor Nutrition or Hydration
A resident’s diet and hydration are critical to maintaining healthy skin. Nursing homes must provide residents with adequate nutrition and fluids to help prevent the formation of bedsores. If a nursing home fails to meet these needs, resulting in weakened skin that is more susceptible to sores, they may be held accountable. - Failure to Assess the Risk of Bedsores
Nursing homes are required to regularly assess each resident’s risk of developing bedsores and implement preventative measures. If a nursing home fails to conduct a proper risk assessment or implement appropriate care plans, it may be deemed negligent if bedsores develop.
What You Need to Prove in a Nursing Home Bedsores Lawsuit
If you are considering filing a lawsuit for bedsores in a nursing home, it’s essential to understand what needs to be proven. A nursing home negligence lawsuit typically requires the following elements: duty of care, breach of duty, causation and damages.
To build a strong case, you’ll need evidence, including medical records showing the development of bedsores and any treatments provided, testimony from medical professionals who can confirm that the nursing home’s actions or lack of actions led to the injuries, and photos of the bedsores to document their severity.
How Can an Attorney Help You?
Nursing home abuse and negligence cases can be complex, and securing compensation for bedsores often requires a detailed investigation. An experienced personal injury attorney can help you navigate the legal process by:
- Investigating the circumstances surrounding the bedsores.
- Gathering medical evidence and expert testimony.
- Negotiating with insurance companies to ensure you receive fair compensation for medical bills, pain and suffering, and other damages.
- Filing a lawsuit and representing you in court if necessary.
Contact a Nursing Home Abuse Lawyer in Illinois
If your loved one has developed bedsores due to nursing home negligence, you have the right to take legal action. Bedsores are often preventable with proper care, and when they develop due to neglect, the responsible parties should be held accountable. By working with an experienced personal injury attorney, you can ensure that your loved one’s rights are protected and that they receive the compensation they deserve.
At the Dinizulu Law Group, we are dedicated to fighting for victims of nursing home negligence. Contact us today by calling (312) 384-1920 for a free consultation, and let us help you understand your legal options.
