The unfortunate reality is that, for whatever reason, nursing homes do not always live up to their obligations. The main reasons are that nursing homes are Bedsores Are Avoidable and Should Never Become Infected
More serious pressure ulcers should not happen. First, the nursing home will prevent nearly all bedsores if they have a plan and follow it. Then, the nursing home should notice the resident’s pressure ulcer and immediately and consistently treat it. Bedsores only become infected when they are neglected and left untreated. A stage 4 bedsore or septic shock when the staff monitored and treated the resident is extremely rare.
Bedsores are a form of nursing home neglect and abuse. They are almost solely a matter of the quality of care (or lack thereof) in a nursing home. Up to one in every four nursing home residents will have bedsores.
How Nursing Home Neglect Can Cause Bedsores
Many contributing factors can lead to bedsores besides the resident being left in their bed or wheelchair all day without any rotation or changing of their position:
- Residents who experienced recent weight loss are more likely to develop bedsores. When nursing homes do not adequately feed residents according to federal regulations, they will lose weight quickly.
- Nursing homes also do not always give the residents fluids regularly enough, leading to drier skin.
- Staff does not always change and clean incontinent residents, leading to worse skin conditions. Keeping skin clean is one of the most effective ways to prevent bedsores.
Bedsores are not just a result of an immobile resident. They also result from other forms of nursing home neglect.
Can You Sue a Nursing Home for Bedsore Injuries?
When your loved one has suffered a bedsore in a nursing home, your family can file a lawsuit against the facility for financial compensation. The nursing home may already face punishment for neglecting your loved one when they are subject to inspections. You can also hold them accountable, even when they have already been fined or cited for neglect.
When your loved one has suffered an injury in a nursing home, you should call an experienced nursing home abuse lawyer. We know how to investigate and get to the bottom of what happened. We will file a lawsuit on your behalf as your family seeks compensation for the suffering of your loved one.
Why You Need a Nursing Home Attorney
Here is how a nursing home attorney can help your family:
- Work with your family to resolve any care issues with the nursing home if the issue is still ongoing
- Help you report neglect and abuse to the relevant authorities
- Investigate what happened to your loved one and whether the nursing home was to blame for it
- Review your loved one’s medical and care records to pinpoint precisely where the nursing home made a mistake
- File a lawsuit on your behalf seeking compensation from the nursing home
- Negotiate a potential settlement if the nursing home wants to negotiate
- Try your case in front of the jury if you cannot reach a settlement agreement
Nursing Home Neglect Lawsuits Stem from Negligence
A nursing home bedsore case is the same as any other type of personal injury lawsuit. The legal standard you must meet is proving that the nursing home was negligent. Your attorney will obtain evidence about how the nursing home failed in its legal duty to care for your loved one.
A reasonable nursing home will take steps to prevent bedsores in the first place. If the resident develops a pressure ulcer, the reasonable nursing home will provide regular care, doing everything it can to help the senior recover and keep the bedsore from becoming infected. Your attorney will demonstrate an overall pattern of neglect and poor care to show how the nursing home caused your loved one injury.
Proving that the nursing home was negligent is only part of the lawsuit process. Your family must get enough compensation to pay for what the nursing home did to your loved one. If your loved one survived their injuries, the nursing home will need to pay for all the damages that they did. The most significant part of nursing home neglect damages is often the pain and suffering that your loved one endured. Infected pressure sores can be pretty painful, and sepsis can cause severe medical effects and discomfort.
Wrongful Death Lawsuits for Bedsore Injuries
If your loved one died from a bedsore, as is often the case, your family can file a wrongful death lawsuit to seek compensation for the damages that you suffered from losing your family member.
You can seek compensation for pecuniary losses of your deceased family member. The nursing home will still need to pay for the ordeal to which they subjected your loved one because the estate can also file a survival action that will cover your loved one’s damages between the time of their injury and death.
Consult a Long Island Nursing Home Neglect and Abuse Attorney
The personal injury attorneys at Rosenberg & Gluck, LLP, know how to hold a nursing home accountable for what they did to your family member. The staff may not have listened to or cared for your loved one, but they will have to deal with your family now in court. We understand that families want justice for nursing home abuse and neglect, and we will aggressively hold the nursing home accountable.
To begin the process of accountability for the injuries to your loved one, you can call a Long Island bedsore attorney today at (631) 451-7900 or contact us online to schedule your free initial consultation. You can get justice when a nursing home has placed profits over your family member’s well-being.
