‘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. In order to recover damages, you first must establish that [...]
... more »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 or neglect of the staff [...]
... more »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 speed at which a lawsuit [...]
... more »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 ‘caps’ that limit an injured [...]
... more »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 nursing home residents.
F-Tag 314 (codified [...]
The answer depends on where the incident took place and where the proper venue for bringing the lawsuit is.
... more »Yes. Most attorneys who represent individuals and families in bed sore cases do so on a contingency fee basis.
... more »If the bed sore caused or contributed to a loved one’s death then there likely is a cause of action for wrongful death.
... more »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.
... more »Federal law requires that nursing homes have bed sore prevention program.
... more »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 skin breakdown and ultimately, the development [...]
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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan's reputation as an aggressive advocate for the rights of the injured has resulted in millions of dollars recovered on behalf of his clients. Jonathan's successful representation of nursing home victims has resulted in many speaking engagements to elder groups.