Can You Sue a Nursing Home for Bed Sores?

A nursing home or assisted living resident (or their family) can sue for bedsores if this condition is the result of elder abuse and neglect. 

Bedsores, also known as pressure ulcers, are a serious and painful condition that can affect individuals who have limited mobility, especially in long-term care settings such as nursing homes or assisted living facilities. 

Bedsores are a very common sign of nursing home neglect and can lead to severe health complications, including infections, tissue damage, and even death. Families may wonder if they have legal recourse when a loved one develops bedsores due to inadequate care. The short answer is you may be entitled to compensation for your damages and suffering. 

Below, you can explore how to sue for bedsores, the legal grounds for such lawsuits, what kind of compensation you might be entitled to, and steps to take if your loved one has suffered from neglect.

What Are Bedsores, and How Do They Develop?

Bedsores are injuries to the skin and underlying tissue resulting from prolonged pressure on the skin. They most commonly develop on areas of the body where the skin covers bony prominences, such as the heels, ankles, hips, and tailbone. Bedsores progress in stages:

1. Stage 1 – Reddened, painful skin that does not turn white when pressed.
2. Stage 2 – Blistering or open sore, possibly with visible damage to the skin.
3. Stage 3 – Wound extends through the skin to deeper layers, causing tissue damage.
4. Stage 4 – Severe tissue damage, exposing muscle, tendons, or bone.

Individuals who are bedridden, wheelchair-bound, or have limited mobility are particularly susceptible to bedsores, especially without proper care and attention. Care facilities are responsible for monitoring at-risk residents and providing preventive care, such as regular repositioning, maintaining hygiene, and ensuring adequate nutrition.

Impact of Bedsores on Elderly Health and Recovery

Bedsores are more than just superficial wounds; they can have significant, even life-threatening effects on an elderly person’s health. When left untreated, bedsores can lead to severe medical complications that compromise the health and recovery of vulnerable residents. Some of the most common and serious impacts include:

• Infections: Untreated bedsores can become infected, with bacteria entering the wound and spreading to surrounding tissues. This can lead to cellulitis or abscesses, which require intensive medical intervention.
• Sepsis: In severe cases, bacteria from an infected bedsore can enter the bloodstream, leading to sepsis—a potentially fatal, body-wide infection. Sepsis requires emergency treatment and is especially dangerous for elderly individuals with weakened immune systems.
• Tissue and Bone Damage: In advanced stages, bedsores can penetrate through the skin and damage muscles and bones, leading to osteomyelitis (bone infection) and necrosis (tissue death). This damage can result in long-term disability and severely impair mobility.
• Prolonged Recovery and Rehabilitation Needs: Even with treatment, recovery from bedsores can be lengthy and require ongoing care, including physical therapy and specialized wound care, significantly affecting the quality of life.

These health complications underscore the importance of swift and preventive care in nursing home settings to protect residents from unnecessary suffering and potential loss of life.

Preventive Measures for Bedsores in Nursing Homes

Preventing bedsores in nursing home settings is both possible and essential. By following a series of preventive practices, care facilities can protect vulnerable residents and avoid painful, debilitating wounds. Key preventive measures include:

• Regular Repositioning: Repositioning residents every two hours reduces prolonged pressure on vulnerable skin areas. This simple measure is critical for bedridden or wheelchair-bound residents, who are at higher risk of bedsores.
• Skin Checks: Regularly inspecting the skin for redness, sores, or other signs of breakdown can help caregivers detect early signs of bedsores. Early detection allows for timely intervention, preventing the sores from advancing.
• Use of Pressure-Relieving Devices: Cushions, mattresses, and overlays specifically designed to relieve pressure can help protect residents’ skin. These devices redistribute weight, minimizing prolonged pressure and enhancing comfort.
• Adequate Nutrition and Hydration: Proper nutrition and hydration play a significant role in skin health and recovery. Nursing homes should provide residents with a balanced diet that supports immune function and skin resilience.
• Hygiene and Skin Care: Keeping skin clean and dry is essential to prevent infections and breakdown. Nursing homes must prioritize hygiene, especially for incontinent residents, by changing soiled linens promptly and applying moisture barrier creams.
• Resident Mobility Programs: Encouraging residents to move, even with assisted devices, can help improve circulation and reduce bedsore risk. Nursing homes should implement mobility programs or gentle exercise routines for residents capable of limited movement.

Implementing these preventive measures requires a commitment to staffing, training, and regular monitoring. When nursing homes prioritize these practices, they significantly reduce the risk of bedsores, improving resident health and quality of life.

Can You Sue a Nursing Home for Bedsores?

Yes, you can sue a nursing home or care facility for bedsores if negligence or inadequate care led to the development or worsening of these injuries. Nursing homes are required to provide a standard of care that includes bedsores prevention measures for at-risk residents. When a facility fails to meet this standard, and a resident suffers as a result, it may constitute negligence.

Grounds for a Bedsores Lawsuit

A successful bedsore lawsuit typically relies on proving that the care facility’s negligence directly contributed to the injury. Common grounds for such lawsuits include:

• Failure to Reposition: Regular repositioning is crucial in preventing bedsores for bedridden or wheelchair-bound residents. Failure to do so can lead to pressure buildup, causing ulcers to form.
• Lack of Proper Hygiene: Nursing homes must maintain adequate hygiene, including regular bathing and cleaning, to prevent skin breakdown and infection.
• Insufficient Staffing: Understaffing often results in inadequate care for residents, leaving them vulnerable to developing bedsores.
• Poor Training: If staff members are not adequately trained in bedsore prevention, it can lead to neglectful care.
• Failure to Monitor and Treat: Nursing home staff should routinely inspect residents for early signs of bedsores and take immediate action if they notice symptoms.

Signs of Negligence in Bedsores Cases

To determine if you have a case, it’s important to recognize the signs of negligence related to bedsores. Indicators that a nursing home may have neglected a loved one’s care include:

• Bedsores that progress from one stage to a more severe stage without intervention.
• Bedsores on multiple parts of the body.
• Lack of documented repositioning or routine checkups.
• Poor hygiene or inadequate cleaning of the affected area.
• Worsening health conditions, such as infection or sepsis, from untreated bedsores.

Evidence Required for a Bedsores Lawsuit

Gathering evidence is crucial in building a strong case against a nursing home or care facility. Some of the most effective forms of evidence in bedsore cases include:

• Medical Records: Documenting the extent of bedsores and any other health complications helps establish the severity of the injury.
• Photos and Videos: Visual evidence of bedsores over time can show the progression and impact of inadequate care.
• Witness Testimonies: Statements from other residents, family members, or employees may support claims of understaffing, neglect, or poor conditions.
• Care Logs: Nursing home care logs, detailing repositioning, feeding, bathing, and other activities, can indicate lapses in care.
• Expert Testimony: Medical experts can help explain how proper care could have prevented bedsores and highlight failures in the facility’s standard of care.

Compensation in Bedsores Lawsuits

Victims of bedsore-related neglect may be eligible for compensation to cover a range of damages. Compensation types typically include:

• Medical Expenses: Covers hospital stays, medications, surgery, and rehabilitation related to the bedsore.
• Pain and Suffering: Compensation for the physical pain and emotional distress resulting from the injury.
• Cost of Future Care: Covers future medical needs related to bedsore treatment and any other ongoing care required.
• Punitive Damages: In cases of severe negligence or recklessness, punitive damages may be awarded to penalize the facility and deter similar behavior.
• Wrongful Death: If a resident passes away due to complications from untreated bedsores, the family may be eligible for wrongful death compensation.

Steps to Take if Your Loved One Has Bedsores

If you suspect that a loved one is suffering from bedsores due to neglect in a nursing home, intervene immediately. Arrange for medical evaluation and treatment of the bedsores as soon as possible. Be sure to document the injuries: take photographs of the bedsores and keep a record of symptoms and pain levels.

Next, report the neglect to nursing home administration or appropriate regulatory agencies. In the process, collect medical records, care logs, and witness accounts that may demonstrate lapses in care.

Then, Contact Morgan & Morgan. One of our personal injury attorneys with experience in elder abuse cases can help you to explore legal options and file a claim.

Legal Rights of Nursing Home Residents

Nursing home residents have specific rights under both federal and state laws designed to protect their safety, dignity, and well-being. Key legal protections include:

• Right to Quality Care: Nursing homes must provide a standard of care that includes adequate nutrition, hygiene, and medical monitoring.
• Right to Be Free from Abuse and Neglect: Nursing home residents are legally protected from physical, emotional, and financial abuse.
• Right to File Complaints: Residents or their families can file complaints about inadequate care without fear of retaliation.

These rights are reinforced by the Nursing Home Reform Act and other state-specific elder protection laws. If these rights are violated, legal action can be taken against the responsible facility.

Common Challenges in Bedsores and Elder Abuse Cases

Elder abuse cases can be complex, and some challenges include:

• Lack of Physical Evidence: It can be difficult to prove neglect without documented evidence of care lapses.
• Health and Age Factors: Age-related conditions may make it harder to demonstrate that bedsores were due to neglect rather than natural health decline.
• Intimidation and Retaliation: Nursing home residents and families may fear retaliation if they report abuse.

Experienced attorneys understand these challenges and work to overcome them with detailed investigations, expert testimony, and a thorough legal approach.

Understanding Liability in Bedsore Cases

In cases of bedsores resulting from neglect, multiple parties within a nursing home or care facility may be held liable. Liability often extends beyond the individual caregiver to include the institution itself, particularly if systemic issues contributed to the neglect. Here’s an overview of potential parties who can be held accountable:

• Nursing Home Management: Facility managers are responsible for staffing and ensuring adherence to care standards. When a facility is understaffed or fails to enforce preventive protocols, management can be held accountable for any resulting harm to residents.
• Individual Caregivers: Nurses and aides who provide direct care to residents play a critical role in bedsore prevention. If they fail to reposition residents regularly, neglect hygiene, or ignore early signs of bedsores, they may be individually liable for neglect.
• Healthcare Providers: In some cases, medical professionals, including doctors overseeing patient care, may share liability if they fail to identify or treat bedsores appropriately. This is especially relevant if the sores worsen due to misdiagnosis or delayed treatment.
• Third-Party Contractors: Many facilities outsource certain aspects of care, such as physical therapy or cleaning services. When these contractors fail to meet care standards and contribute to neglect, they may also bear partial responsibility.

Determining liability in a bedsore case can be complex, as it often requires a thorough investigation of facility policies, staffing levels, and individual caregivers’ actions. Working with a skilled attorney can help families navigate these complexities to hold the right parties accountable.

Federal and State Regulations on Nursing Home Care Standards

Nursing homes are subject to both federal and state laws that establish standards of care, aiming to protect residents’ rights and well-being. Several key regulations address the issue of bedsores and establish guidelines that nursing homes must follow to prevent neglect:

Federal Nursing Home Reform Act (NHRA): Enacted as part of the Omnibus Budget Reconciliation Act of 1987, the NHRA mandates that nursing homes receiving Medicare and Medicaid funding provide residents with a certain standard of care. The NHRA explicitly requires facilities to prevent and treat bedsores, placing legal responsibility on nursing homes to uphold preventive measures.

State-Specific Elder Care Laws: Many states have enacted additional laws to protect elderly residents from abuse and neglect, including specific provisions regarding bedsore prevention and monitoring. These regulations often include requirements for staffing ratios, training, and regular inspections.

Medicare and Medicaid Regulations: Nursing homes that participate in Medicare and Medicaid programs must comply with federal standards for quality care. This includes documenting care plans for at-risk residents and implementing bedsore prevention strategies.

Health and Safety Codes: Many states also enforce health and safety codes that govern the physical environment of nursing homes, including cleanliness and safety measures, which can indirectly impact bedsore prevention.

These laws and regulations create a framework that holds nursing homes accountable for providing high-quality care. When facilities fail to meet these standards, they may be liable for any harm residents suffer, including bedsores.

Frequently Asked Questions

What legal rights do nursing home residents have regarding bedsore prevention?

Nursing home residents have the right to receive adequate care that includes the prevention and treatment of bedsores. Federal laws, such as the Nursing Home Reform Act, mandate that facilities provide a safe, supportive environment and follow specific care standards, including regular repositioning, skin checks, and access to pressure-relieving devices. Many states also have laws that enforce residents' rights to proper care, which includes the prevention of preventable bedsores.

How do lawyers prove that bedsores were caused by neglect?

Attorneys gather evidence that demonstrates a pattern of neglect or inadequate care. This evidence may include medical records showing a lack of repositioning or poor wound care, staffing logs revealing low staffing levels, and witness testimonies from caregivers or other residents. Expert witnesses, such as healthcare professionals, are often brought in to establish that the standard of care was not met and that the bedsores were preventable.

Can bedsore cases be settled out of court?

Yes, many bedsore cases are settled out of court through negotiations. Nursing homes may choose to settle to avoid the cost and negative publicity of a trial. Settling out of court can also be faster and less stressful for families. However, a fair settlement often requires the guidance of an experienced attorney who can negotiate for compensation that adequately covers medical costs, pain and suffering, and other damages. Morgan & Morgan consists of an army of over 1,000 trial-ready personal injury attorneys who aren’t afraid to take your case to court if necessary.

What types of compensation are available in bedsore lawsuits?

Compensation in bedsore lawsuits may cover various damages, including medical expenses related to bedsore treatment, future medical costs for long-term complications, pain and suffering, and emotional distress. In some cases, families may also receive punitive damages, which are awarded when there is clear evidence of gross negligence or willful misconduct by the facility.

How long does it take to resolve a nursing home bedsore lawsuit?

The duration of a bedsore lawsuit varies based on factors like the complexity of the case, the availability of evidence, and the willingness of the nursing home to settle. Simple cases may resolve in a few months, while more complex cases that go to trial can take one to two years or more. Consulting an attorney at Morgan & Morgan can help set realistic expectations based on the specifics of your case.

What are the challenges in suing for bedsores?

Suing for bedsores can be challenging due to several factors. Nursing homes may dispute claims by arguing that bedsores were unavoidable or due to underlying health conditions. Facilities might also make it difficult to access records, or caregivers may be reluctant to testify. 

Additionally, proving a link between bedsores and neglect requires strong medical evidence and often the testimony of medical experts, making experienced legal representation critical in these cases.

A bedsores injury lawyer at Morgan & Morgan will know the common defenses used against bedsores claims and will assist you in navigating the legal process, building a strong and evidence-backed case, and fighting for the maximum compensation you and your family deserve.

What qualifications should I look for in a nursing home neglect attorney?

When selecting an attorney for a nursing home neglect case, look for someone with specific experience handling elder abuse and neglect cases, especially bedsore claims. Key qualifications include a successful track record, familiarity with relevant elder care laws, strong negotiation skills, and the ability to communicate effectively. It’s also essential to find an attorney who is compassionate and available to answer your questions throughout the process.