Can you sue for Bedsores or Pressure Sores?

bedsore lawyer

Bedsores should not happen while in a nursing home or hospital. Often they are due to neglect and negligence.

Bedsores, Pressure Sores or Decubitis Ulcers are not the fault of the patient. At a hospital or nursing home there are federal laws in place to protect patients and assure they get the proper care. When these standards of care are not used sores can develop. Simple duties like turning an immobile patent frequently to relieve pressure, proper cleaning an hygiene are sometimes not provided. If a sore develops the patient has now become a victim. The sores can cause extreme pain and suffering and unfortunately even death. You can sue. And you have every right to do so and get financial compensation. Depending on the case, monetary awards can be in the millions. Below are some of the different types of lawsuits relating to sores.

Medical Malpractice

Medical Malpractice cases arise when a health care practitioner departs from the accepted standard of care in the medical community. In more simple terms, when a hospital, doctor, nurse, practitioner commits a serious error in his/her care and treatment, which results in further injury to the patient. Some common examples are failing to diagnose the bedsore; failing to report bedsores or pressure sores; failing to admit a patient into the hospital for bedsores when necessary; and failing to perform a medical procedure or provide treatment for bedsores that was otherwise indicated.

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Nursing Home Liability

The elderly population frequently suffers due to serious neglect once they become patients or residents in nursing homes or any long term care facility.  Some critical issues relating to sores are: over or improper medication; lack of supervision; inadequate wound care leading to infections; not reporting the issue in a timely manner and overall neglect.

The severe injuries that patients experience along with the constant pain and suffering associated with bedsores are often the result of preventable situations. In our experience in handling these types of cases we have found frequent examples of poor care planning; lack of stimulation; failures to turn and position patients; failure to provided adequate pressure relief devices to patients; and unbelievably, failure to change adult diapers and failure to provide sufficient quantities of food and water. As a result of neglect in Nursing Homes, the illnesses range from severe infections and amputations, to dehydration and, unfortunately, death. Bedsores and pressure sores often lead to further infections and illnesses.

Hospital Negligence

At one time or another we all go to hospitals. While patients there, we have the right to expect quality medical care and treatment.  The unfortunate reality is that there are often tragic outcomes that are the result of medical malpractice which should never occur. This is especially true with bedsores.

Hospital Negligence occurs when there are “departures in the standards of good and accepted medical practices” that one should be able to expect in the local medical community given the current state of medical treatment and technology. These departures in the standard of care can stem from negligent treatment on the part of Doctors, Surgeons, Specialists, Lab Technicians, Physician Assistants, Nurses, Nurses Aides, Therapists, Administrators, Pharmacists and any other member of the Hospital Staff whose conduct, actions, or inaction, causes injuries and suffering that should not have occurred.

Some examples of Hospital Negligence include failure to provide proper medication or medical devices; failure to provide proper monitoring and supervision; failure to order consultations to other medical specialists; failure to diagnose bedsores in a timely fashion; failure to prevent infection and amputation; failure to turn and position the patient resulting in pressure sores, bedsores or decubitus ulcers; failure to perform a medical procedure or surgery properly; failure to warn patient of risks of a surgery or medical procedure; failure to keep family members informed regarding medical decision making; and failure to provide safe and proper discharge instructions.

Wrongful Death

This type of lawsuit occurs when a spouse or close relative has a right to recover when a loved one dies due to the sores or a medical complication that was related to the sores. Recovery is from the at-fault or negligent party. Recovery can include loss of income, services, comfort and society. New York has a very restrictive and complicated wrongful death statute. Our knowledgeable lawyers take you through it one step at a time. We understand that dealing with the loss of a loved one is not easy, so we are extremely sensitive when dealing with family members. Unfortunately, left untreated or not treated in time, bedsores can rapidly progress from stage 1-4 and lead to further complications often resulting in a wrongful death.

If you or someone you know is a victim of bedsores, the first thing to do is get the stage of the sore identified and immediate and proper medical attention. If you think you have a lawsuit then contact me on how to proceed. You can also begin an evaluation online by clicking here. We can even help you get better medical attention at the same time. Feel free to email about these matters at bedsores@RaphanLaw.com

Regards, Brian

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7 thoughts on “Can you sue for Bedsores or Pressure Sores?

  1. Donna colon February 9, 2016 / 12:48 pm

    my husband has bed sores and pressure sores on his rear end it is so bad is eating through the skin.he’s been in Stony Brook hospital since the 29th of January 2016.my husband is a double amputee so he has no legs he cannot move himself he was intubated and sedated for 3 days

  2. Tangela Evans August 28, 2016 / 12:10 am

    My mother was a diabetic and she was in a nursing home my mother had no sores on her before she went there she ended up with a pressure ulcer known as bedsore on the heel of her foot and one on her backside my mother got an infection which spread it throughout her body she had to get her leg amputated and then passed away three weeks after that

  3. Heather Morrison November 24, 2016 / 1:44 pm

    My mom just recently had to have surgery on her bedsore that she developed at Lexington extended care and they said it’s her fault because she didn’t want to get back in her bed and they left her in a wheelchair for 9 hours without changing her position in the wheelchair every two hours as the doctor has been instructing them too the staff is rude and childish and treat most of the patients bad you can hear them screaming for help and nobody comes to help them my mom says it’s hard to get them to come to her room after she hits the call light

  4. Unda Hardison March 23, 2017 / 4:10 pm

    Uhardison@gmail.com Hello my name is Unda Hardison I ended up in the hospital back in 2015 and end up with us also under the bottom of my heel and had to get it after I paid it but the statue of limitation is up it was up last year what can I do

    • The Law Offices of Brian A. Raphan, P.C. March 23, 2017 / 4:19 pm

      Hello Unda, unfortunately if the statue of limitations is up there isn’t legal recourse. Additionally the injury would have had to be severe enough and prove cause. Usually a stage 3-4 or beyond. Hopefully you have gotten past treatment and the wound has been able to heal.

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