While it might appear that a fall off a roof on November 9, 2007 causing a broken back led to a recent $6.5 million verdict in a wrongful death lawsuit, a Tucson Arizona family thinks otherwise. In fact, the lawsuit involved the level of nursing care provided between December 4 and December 26, 2007 at […]
Category : Bed Sore Lawsuits
Filing Lawsuit When A Loved One Develops A Bed Sore At A Medical Facility
Bedsores, pressure sores, pressure ulcers and decubitus ulcers can be extremely painful, damaging to your health and even deadly. Most bedsores are avoidable, and federal and Illinois laws have been enacted to provide protection for you or a loved one. You may be able to file a bedsore lawsuit against a nursing home, assisted living facility, group home or hospital to recover financial compensation for your losses. Damages in many bed sore litigation matter may be obtained for: medical expenses, pain, disfigurement and emotional loss in the case of a fatality.
Filing a Lawsuit Against the Facility Where the Pressure Sore Originated or Worsened
Filing a bedsore lawsuit to hold those responsible for their negligence is important to stop the injury and obtain financial recompense for your damages. Call Rosenfeld injury lawyers at 1-888-424-5757 for a free initial consultation.
Visible Signs of Neglect That Have A Major Financial & Emotional Toll
The presence of a bedsore is usually the first sign of neglect in a medical facility setting, and often the result of negligence or malpractice. The development of a bedsore often results from an unacceptable standard of care to a patient with mobility issues due to age or medical condition. When a patient is under the care of medical professionals, they entrust the doctors, nurses, nurse’s aides, other healthcare providers and the medical facility to provide the best care possible.
Unfortunately, decubitus ulcers are usually an underlying cause of an infection that leads to the death of many patients in medical care facilities. The development of a bedsore is never the fault of the patient, and negligence by the medical staff and facility is unacceptable.
While most bedsores develop quickly, and progress at a rapid speed, the doctors and nurses do not report most of them to the patient’s family. Whenever a nursing home, hospital or other medical facility denies their liability, it should never deter the victim, or their loved ones, from seeking the justice they deserve. In many incidences, medical facilities will discharge their patient or refer them to another facility as a way to pass the responsibility to another.
What Is a Bedsore and Why Should They Be Preventable?
A bedsore is an area of damaged tissue and skin that often occurs from sustained pressure to the area. It usually involves extended sitting or lying in a stationary position on a bed, or in a chair or wheelchair. The immobility can restrict blood flow circulation to vulnerable areas of the body, leading to the development of a bedsore. When blood flow circulation is compromised, the affected tissue can die, producing an ulcerated sore.
There are four stages of bedsores from stage I to stage IV. During the early stages of development, the bedsore is easily treated by repositioning and use of medical devices when repositioning or moving the patient in a wheelchair or bed. However, by stage III and stage IV, the condition becomes serious, often taking months to heal, if at all. Without proper treatment, even a minor bedsore can become infected, leading to serious medical conditions and death.
The Financial and Emotional Cost of Treating Bedsores
The cost of treatment for most bedsores is usually tens of thousands of dollars. Many times, the facility is at fault because it did not provide adequate staffing to meet the needs of the patient, forcing victims to wait longer for necessary care. This might include repositioning in bed or changing soiled clothing and linens.
When the elderly, paralyzed or infirmed do not have the ability to change soiled clothing themselves, they are often forced to lie or sit in their own excrement, urine or perspiration until assistance from a caregiver is available. While waiting, the moistened skin can become weakened making it susceptible to the development of pressure sores.
The Need for a Lawsuit to Pursue Justice for Those Whom Have Been Mistreated or Acquired Pressure Sores
Health experts have long agreed that pressure ulcers are avoidable and never have to occur. Every patient has a legal right to be provided preventative measures to maintain the integrity of their skin and provide proper blood flow to the area.
Suffering pain and discomfort from a bedsore, or dying from the condition is unconscionable. Standards of care indicate that it is the duty of the medical facility to follow established procedures and guidelines for preventing pressure sores. To do anything otherwise is unlawful.
Immediate Steps to Take to Initiate a Lawsuit for a Bed Sore
If you have noticed obvious signs of pressure sores or any type of neglect of you or a loved one, it is essential to alert the medical staff and management immediately. If no immediate action is taken, it is vital to seek out a qualified bed sore lawyer who can stop the negligence right away.
Rosenfeld Injury Attorneys can provide a variety of legal options without any obligation in an initial free consultation. The victims of bedsores and pressure sores have received millions of dollars in financial recompense in a bedsore lawsuit while holding those legally responsible accountable for their negligence and abuse.
WHAT CAUSES BEDSORES? Bed sores (also know as pressure sores or decubitus ulcers) are skin and tissue injuries resulting from pressure over extended periods of time. Areas vulnerable to bed sores are bony parts of the body such as knees, ankles, and heels. Common causes of this disease are sustained pressure, friction, or shearing (when […]
A former resident of the Calvin Johnson Care Center in Belleville, IL is suing the facility for $100,000, according to the The Madison Record. The plaintiff, Robert McLean, claims that Calvin Johnson allowed several painful decubitus ulcers to develop during his stay. The Record does not state the length of McLean’s stay at Calvin Johnson, […]
Two families have recently filed separate bed sore lawsuits against the Madison Manor nursing home in Richmond, Kentucky, saying the facility provided grossly inadequate care for their relatives. The first lawsuit, filed May 11 by Donna Anderson, says Madison Manor let a severely infected bed sore develop on her late husband’s foot. The bed sore […]
The horrific death of an elderly California woman raises disturbing questions about who’s ultimately responsible for the care of older relatives. When paramedics found 91-year-old Maria “Concha” Lopez in her home in December 2009, she weighed 35 pounds and was covered in her own feces and urine. She also had numerous stage four pressure ulcers; […]
A settlement was reached this month between Houghton Lakeview— a nursing home— the state of Washington’s Department of Social and Health Services and the family of Jean Rudolph, who died in 2008 from complications due to stage four pressure sores while under the care of a Houghton Lakeview owned home. The same home had already […]
In Bryan, Texas, a family is suing Assisted Living Operator Rose Rodriguez for neglect, saying she ignored severe bed sores that led to a relative’s death. According to WTAW-TV, Rodriguez is being charged with three counts of aggravated perjury, as well as felony theft. The report from WTAW did not identify the family in the […]
Without much objection, bed sores have become an accepted way of life at some nursing homes. Today, patients, families and caregivers at some nursing homes view the development of bed sores as an inevitable part of the aging process. To the contrary, the majority of circumstances when a patient develops a bed sore during an […]
‘Under-staffing’ and ‘under-funding’ are just several of the underlying reasons alleged to contribute to the development of a patient’s bed sores (or decubitus ulcers, pressure ulcers or pressure sores) during an admission to a Missouri nursing home. Sick patients, that’s why they go to nursing homes The subject of the lawsuit, Nellie Wilks, was an […]
An Illinois man is suing the Walnut Grove Village nursing home in Grundy, Illinois, for $50,000, according to the Morris Daily Herald. The plaintiff, Dwayne Mickelson, says that the nursing home neglected and abused his mother, Ethel, on two counts. A disabling hip fracture The first count alleges that Walnut Grove Village failed to properly […]
A former patient at Beaumont’s Memorial Hermann Baptist Hospital has sued two of the hospital’s doctors, claiming that they delayed treatment and caused unnecessary complications, including a stage 3 bed sore. According to the Southeast Texas Record, Ronald Lee Phillips, Sr. was admitted to Memorial Hermann on Oct. 29, 2006, for two consecutive seizures. The […]
A Sacramento, Calif. judge has decided that a civil suit alleging abuse at a local nursing home should go to trial, Patch.com reports. Death attributed to UTI The plaintiff, Dennis Lee Haney, said in a complaint that Eskaton Properties, Inc. was responsible for the early death of his mother, 78-year-old Dorris Hilton. Hilton spent three […]
The wife of a former Charleston, WV nursing home patient is suing Genesis Healthcare Corporation for an undisclosed amount, according to The West Virginia Record. Garnet Phillips claims that her husband, George, suffered from several worsening conditions during his 13-month stay at the Valley Center Nursing Home, including dehydration, urinary tract infections, and sepsis. Sepsis […]
With more than 500 locations in 33 states, ManorCare remains of the largest nursing home chains in the country. From a financial standpoint, ManorCare is clearly a very profitable operation. In 2006, the last year its profits were disclosed, ManorCare earned $167 million from $3.6 million in sales. In 2007, financial titan, the Carlyle Group […]
When people actually see the gruesome photos of rotting flesh on a person’s backside hear about the ongoing medical procedures that are necessary to heal the wound, they begin to understand the real impact of this medical condition. Along these lines, an obviously compassionate jury awarded the family of a deceased nursing home patient more […]
Well according to a California jury, the answer is ‘yes’. $28 million is the amount of punitive damages the jury awarded in the elder abuse and wrongful death case (Sacramento Superior Court) against Colonial Healthcare of Auburn and its parent company Horizon West of Rocklin. Infected bed sore, punitive damages This case revolved around the […]
Without a doubt, staffing is the number one predictor of the the type of care patients in nursing homes, hospitals and assisted living facilities will receive. High-tech medical equipment and expansive medical facilities mean nothing without a team of properly trained personnel to tend to patient needs. Under-staffing blamed for the lack of care In […]
If you ask most people what a ‘bed sore’ is, you may get a lot of blank stares and shrugs. Truth is, most people probably have never seen a severe bed sore. However, when people actually see the gruesome photos of rotting flesh on a person’s backside that expose underlying layer of skin and bone […]
An orthopedic rehabilitation patient who developed multiple decubitus ulcers on his back and heels has filed a lawsuit against the nursing home where the wounds developed. Nursing home and management company The lawsuit alleges that Highland Health Care Center (Illinois) and its parent company Covenant Care Midwest failed to implement preventative measures to avoid the […]
A woman with multiple sclerosis (MS) who was reliant on a home health care agency for medical assistance settled a lawsuit against the City of Seattle and Millennia home health care agency (Washington) for $600,000. The basis for the lawsuit was that a home health agency employee was negligent when they failed to follow the […]