Current Category: Legal Aspects

Filing A Bed Sore Lawsuit Against An Illinois Nursing Home

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…

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Outpatient Surgery— Why Even Relatively Healthy Patients are at Risk for Developing Pressure Sores During Recovery

A resident of Peoria went into St. Anthony’s Medical Center in Rockford for surgery to repair bilateral fractures in the spring of 2003. A year later, he died from complications due to pressure sores after losing the lower part of his left leg as part of the effort to keep…

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Where can I learn more about the laws applicable to people who develop bed sores in nursing homes or hospitals?

Nursing Home Injury Laws (www.nursinghomeinjurylaws.com) is a website devoted to the legal rights of those who suffered an injury, such as bed sores (pressure sores, pressure ulcers or decubitus ulcers), during an admission to a nursing home, hospital or assisted living facility. Nursing Home Injury Laws provides a national compilation…

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If a lawsuit or claim is filed against a facility where a person developed bed sores, what type of damages is the person entitled to?

'Damages' refer to losses sustained due to physical or psychological injury for which you can be compensated. In cases involving the development of a bed sore (also referred to as decubitus ulcer, pressure ulcer or pressure sore), damages are assessed in terms of money compensation. Proving fault In order to…

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What steps should I take before meeting with an attorney to discuss a case involving bed sores?

When you become aware of a situation involving bed sores at a nursing facility or hospital it is important to get your loved one the medical treatment they need and then get into ‘fact collection mode’.  In fact collection mode, you are beginning to collect information about the incident, acts…

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How long does it take for a lawsuit involving development of bed sores at a medical facility to be resolved?

Assuming a medical facility such as a hospital, nursing home or assisted living facility is responsible for the development new or deterioration of existing bed sores, a lawsuit may be required to recover damages.  The jurisdiction, court's case load and complexity of medical treatment are all factors that determine the…

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Are there limits on the financial recovery for a person who developed bed sores due to the negligence of a facility?

Maybe.  The answer depends on the jurisdiction and what type of medical facility (nursing home, hospital or assisted living facility) is responsible for the bed sores.  State laws vary substantially when it comes to an injured parties right to recovery money damages for their injury.  Some state legislatures have implemented…

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Are there any federal regulations that apply to the prevention of bed sores?

The Omnibus Budget Reconciliation Act of 1987 (OBRA) set forth regulations for nursing homes to comply with in exchange for their receipt of Medicare funding.  The regulations are extensive and cover most aspects of patient care.  These regulations are known as ‘F-Tags’ which collectively form the standard of care for…

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How long do I have to file a bed sore lawsuit?

The answer depends on where the incident took place and where the proper venue for bringing the lawsuit is.  The time to bring a lawsuit against a facility for developing bed sores is governed by the statute of limitations of the particular jurisdiction.  Most states have specific statute of limitations…

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Is it possible to hire a lawyer to prosecute a bed sore case if I don’t have much money?

Yes.  Most attorneys who represent individuals and families in bed sore cases do so on a contingency fee basis.  Simply put, a contingency fee is a payment based on a recovery for the injured person.  In a contingency fee arrangement, the attorney receives no payment until the case is tried…

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Does the family of a deceased person who had bed sores at the time of his death have any legal recourse against the facility where the wounds developed?

If the bed sore caused or contributed to a loved one’s death then there likely is a cause of action for wrongful death.  In a wrongful death lawsuit, the family of the deceased can recover damages for medical expenses related to the individual’s care, funeral expenses, lost wages, loss of…

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What type of legal recourse does a person with bed sores have?

If you or a loved one develops a bed sore during a stay at a hospital, nursing home, assisted living facility or any long-term care facility, you likely have legal rights to recover damages.  Most cases involving bed sores (similarly called: pressure sores, pressure ulcers or decubitus ulcers) require hiring…

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What are nursing homes required to do to prevent bed sores?

Federal law requires that nursing homes have bed sore prevention program.  The first part of a nursing home’s bed sore prevention program is a skin care assessment.  A skin care assessment must be completed for new nursing home residents within 14 days of admission to the facility which is done…

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Is it mandatory for nursing homes to use pressure relieving mattresses?

No.  To date, only one state, New Jersey, has enacted any legislation to promote the use of pressure relieving mattresses in nursing homes Unlike normal spring-filled mattresses, pressure relieving mattresses steadily inflate and deflate to reduce the amount of pressure and friction put on bony parts that are prone to…

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