According to data from the 2004 National Nursing Home Survey, about 159,000 (11%) nursing home residents in the United States had pressure ulcers. The most common were stage 2 pressure ulcers. Residents aged 64 and under were more likely to have pressure compared to older residents. Those staying in nursing homes for 1 year or less were more likely to have bed sores than those who stayed longer.

Bed Sores and Negligence

Pressure sores or bedsores should not occur any time during a nursing home or hospital stay. They are often a result of negligence and neglect.

Pressure sores, bed sores or decubitis ulcers are not the patient's fault. At a nursing home or hospital, there are federal laws in place to ensure the protection of patients and that they get proper care. When these standards of care are not maintained, they can result in the development of sores. Simple duties like proper cleaning and hygiene and frequently turning an immobile patient to relieve pressure are sometimes not provided.

If a bed sore develops, a patient becomes a victim of neglect or negligence. Such sores can cause extreme pain and discomfort, and in some cases, even death. When such an incident occurs, you can sue the nursing home or hospital. You have the right to file a lawsuit and get financial compensation. Depending on the case, plaintiffs can get monetary awards in the millions.

Types of Bed Sore Lawsuits

Here is a look at some of the type of lawsuits that involve bed sores.

Medical Malpractice - Medical malpractice cases arises when a healthcare professional deviates from the accepted medical standard of care. This is when a doctor, nurse, hospital or practitioner commits a serious error in their care or treatment of a patient which causes further injury to the patient. Some common examples include:

  • Failure to diagnose bed sores
  • Failing to admit a patient to a hospital for bed sores
  • Failing to report bed sores or pressure sores
  • Failing to provide treatment or perform a medical procedure for bed sores that was otherwise indicated

Nursing Home Liability - The elderly population are frequent victims of bed sores due to severe neglect when they become residents or patients in nursing homes or any other long-term care facility. Some common issues that lead to bed sores in such facilities include:

  • Improper or over medication
  • Inadequate wound care resulting in infections
  • Lack of supervision
  • Failure to turn patients
  • Failure to report the issue in a timely manner
  • Failure to provide adequate devices to relieve pressure
  • Lack of stimulation
  • Failure to change adult diapers
  • Overall neglect

It is Time to Strike Back!

If you or a loved one has suffered bed sores due to neglect or negligence, you should immediately seek the help of a qualified and experienced medical malpractice attorney at Rosenberg, Minc, Falkoff,& Wolff of RMFW Law at 212-344-1000. Give us a call! You have nothing to lose. The first meeting is free.

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