A bedsore is a painful lesion that forms on parts of the body when it remains pressed against a surface, such as a bed or a wheel chair, for a period of time. When a patient enters a nursing home or a healthcare facility without any evidence of skin breakdown, but later develops a bedsore, their loved ones can seek compensation for the injury and harm caused by the bedsore.
Proving negligence in a bedsore case
To prove negligence in a bedsore case, you have to determine the liability of the nursing home or the healthcare facility. It is the responsibility of the facility to assess the patient upon admission for the risk of developing a bedsore and implementing a care plan to prevent bedsores from occurring. In many cases, by the time the bedsore is observed, it has often reached stage 3 or stage 4, a stage where the skin is completely destructed. If a facility fails to carry out a care plan to prevent bedsores from occurring, the facility may be held responsible.
Another way to prove negligence is to evaluate the harm caused by the bedsore. A bedsore may often lead to infections, sepsis, osteomyelitis, and other conditions that injure the skin, tissues, and surrounding bone. In some cases, a patient may have to go for debridement treatment or skin flap surgery, while in other cases, a severely infected bedsore may cause death.
Factors determining the settlement value of a bedsore case
The settlement value of a bedsore case may be based upon the following:
The extent of the injury: The most important factor used to determine the estimated value of a bedsore case is the extent and severity of the injury suffered. There are four stages of bedsores with stage one being the least severe and stage four, the most. A victim may be able to recover compensation depending on the severity of the bedsore.
Need for medical treatment and future rehabilitation: A victim will often require months of nursing care, transportation, and rehabilitation care costing tens of thousands of dollars per year. The victim is entitled to receive full and just compensation including costs of future disability, medical and rehabilitation care.
Pain and suffering: A percentage of the bedsore settlement amount is based upon pain and suffering, as a victim must often suffer excruciating pain and mental trauma.
If your loved one suffered from bedsores in a nursing home facility because of negligence, we can fight for you. Our bedsore lawyers are experienced in handling nursing home abuse cases and will assist you in the investigation and settlement of your case. Call 1-800-529-2676 or email firstname.lastname@example.org.
Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties.
An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.