Bed Sore FAQ » Bed Sore FAQ: Legal Aspects of Bed Sores

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

admin — Mon, 15 Mar 2010 23:38:24 +0000

Nursing Home Injury Laws 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 of:

Nursing Home Laws- including: stature of limitations, applicable restrictions on damages, links to each every states’ department of health
Medical Malpractice Laws
Wrongful Death Litigation
Resources For Victims of Abuse or Neglect

Of course, no one can anticipate when the need for information regarding the available legal rights will be necessary– yet Nursing Home Injury Laws– can be a valuable tool for: patients, families and practitioners in a time of need. Nursing Home Injury Laws is updated regularly as new information regarding patient rights comes to light in every state.

Nursing Home Injury Laws

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?

admin — Sun, 11 Oct 2009 01:17:27 +0000

‘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 the nursing home or hospital was responsible for the development of the bed sore. Like all injury cases, bed sore cases require the injured person- or their estate- to prove the facilities negligent care resulted in the development of the bed sore.

Only after a party has established fault on the part of the facility, can damage claims be addressed. There are several components to damages relating to bed sore cases:

Medical Bills: You are entitled to recover the value of past and future medical expenses. This may include past or future surgery, physical therapy, rehabilitation, visits with physician specialists, medication and special medical equipment

Pain and Suffering: Both past and future pain and suffering is an element of damages.

Disfigurement: Any type of physical change on the outside of your body. This includes the scars left from ‘healed’ bed sores.

Disability: Things you are unable to to do after you developed bed sores that you were capable of doing before the bed sores developed.

Assessing damages in bed sore cases can be difficult. Because many bed sore patients also suffer from other medical conditions before the bed sore developed, it is important to distinguish what injuries are directly related to the bed sore as opposed to other medical conditions. The actual award for each element of damages may be determined by a judge, jury, mediator or through negotiation between a lawyer for the person and the insurance company for the nursing home.

Punitive damages may be awarded if a facilities conduct is reckless or rises to a level of willful and wanton conduct. Unlike damages designed to compensate the injury victim, punitive damages are designed to punish the wrongdoer.

Resource:

Nursing Home Injury Laws

New York Jury Punishes Nursing Home Where Man Develops More Than 20 Bed Sores

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

admin — Fri, 25 Sep 2009 18:33:08 +0000

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 and medical condition of your loved one. Doing some preliminary work before you meet with a lawyer will prove for a more effective meeting.

Don’t assume you will remember all facts regarding the incident. As time goes on, your memory will begin to fade. The following steps will help you organize your thoughts during a stressful time and to give an attorney the information he needs to work best on your behalf.

Despite the urge to block out the unpleasant facts and circumstances leading to an injury, much of the information listed below should be obtained as soon after an incident as feasible. The following information will prove to be valuable in both assessing the facilities responsibility and potentially as evidence to be used at trial.

Photographs- Take pictures of the physical injuries themselves, the area where the incident took place and if possible, the people involved. In cases involving particularly gruesome medical conditions (pressure sores, amputations, surgical wounds) no medical record can do justice to what your loved one experienced. Use a real camera as opposed to a camera-phone as the photos will be better quality.

Start Writing- Write down as much information about the incident or events as you can remember. Write some more. Details can be particularly helpful in the course of litigation as many nursing homes have high rates of employee turnover that can make obtaining information difficult. Concentrate on: names, dates, room numbers, names of facilities and medication dosages (if relevant).

Medical Chart- The medical chart from a nursing home and / or hospital is crucial to determining what a facility may have done or failed to do that resulted in injury or death. If your loved one sustained an injury that resulted in subsequent medical care at a hospital, these records will be important as well.

Chronology- This does not need to be one’s life story. However, if a condition developed over time or there are multiple facilities that may responsible for the injury or condition, it is important get the correct names and general dates of admission at health care facilities. The names of doctors who provided medical can be helpful as well.

Gather Other Relevant documents: Healthcare Power of Attorney, wills, death certificates, pre-injury photographs, autopsy reports and nursing home inspection reports all can be helpful when meeting with an attorney. Bring them with.

There really is no such thing as providing a lawyer with too much information. An experienced nursing home lawyer will be able to sort through the materials and determine what information is relevant to your case. Further, a law office that regularly handles nursing home matters should be able to access much of the above information with the use of properly executed medical authorizations.

The bottom line is that you should not let your inability to access certain information delay from meeting your meeting with an attorney as soon as you are comfortable. Meeting with an attorney soon after you become aware of a loved one’s bed sores will provide the best opportunity to secure information relevant to your case.

For more information about our legal services, check out my Nursing Homes Abuse Blog or give me a call anytime for a free, confidential consultation. (888) 424-5757

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

admin — Sun, 16 Aug 2009 01:04:57 +0000

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 will progress.

Most lawsuits involving bed sores are resolved prior to trial. Nonetheless, the litigation process is not necessarily quick or easy. Even relatively straightforward cases may take upwards of a year to resolve via settlement or trial. Complex bed sore cases, involving multiple parties or extensive medical treatment may take years before the case proceeds to trial.

In some situations, a fair settlement may be reached between the negligent medical facility and the individual or family prior to filing a lawsuit in court. Even in these type of cases where settlement may be reached prior to litigation, medical records must be reviewed and experts usually need to be consulted– still a relatively lengthy process.

An attorney who is experienced handling cases involving bed sores (also referred to as decubitus ulcers, pressure ulcers or pressure sores) should be able to evaluate the case and organize the materials in a timely manner to move towards a successful resolution.

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

admin — Sun, 02 Aug 2009 15:21:17 +0000

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 party or their estate in their recovery to a pre-set amount.

Other states allow a judge or jury to determine what constitutes fair and reasonable compensation. A jury may award damages for both past and future: medical expenses, pain and suffering, disability and loss of a normal life. In the case of wrongful death, a jury may award damages for loss of society to the family of the deceased.

Even in states where there are no caps on financial recovery, some medical facilities do not carry appropriate amounts of insurance coverage to fully compensate the injury party. Nursing homes and assisted living facilities are notorious for inadequately insuring their facilities. Many facilities have established complex systems of ownership that limit the owners personal liability with the hope of discouraging injured parties from pursuing some cases.

Despite a growing trend amongst medical facility owners to evade responsibility, aggressively pursued bed sore cases can frequently be resolved for substantial amounts– sometimes prior to litigation. A lawyer experienced in handling bed sore cases should be able to advise you and your family of your legal rights during an initial consultation and during the course of settlement discussions or litigation.

Lawsuit Blames Nursing Home, Management Company & Staff Doctor For Patients Decubitus Ulcers

Nursing Home Management Company Ordered To Pay $2 Million For Patient’s Death

Jury In Nursing Home Abuse Trial Doesn’t Buy Argument That Patients Bed Sores Were ‘Unavoidable’

$5 Million In Punitive Damages Awarded To Widow In Bed Sore Case Against Nursing Home & Hospital

Lawsuit Alleges: One Week In The Nursing Home Results In Significant Deterioration Of Pressure Sores & Sepsis

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

admin — Tue, 07 Jul 2009 14:23:02 +0000

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 as 42 C.F.R. 483.25(c)), relates to bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers):

Based on the comprehensive assessment of a resident, the facility must ensure that:

(1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable; and

(2) A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.

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

admin — Mon, 16 Mar 2009 19:05:26 +0000

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 for personal injury, medical malpractice cases, and nursing home negligence cases.

The statute of limitations can vary tremendously by jurisdiction. Some states have statute of limitations as short as one year from the date of the injury and other states permit a cause of action to be brought up to eight years from the date of the injury. Yet in other states, there are notice requirements that must be complied with in order to maximize damages or recovery attorney fees.

Statute of limitations are strictly interpreted. If you fail to bring a lawsuit within the statute of limitations you will be forever barred from recovery.

This underlies the importance of contacting an experienced attorney shortly after you become aware of bed sores. Further, in many situations it is important to file a lawsuit far earlier than the statute of limitations in order to determine all of potentially responsible parties who may not be apparent until litigation is underway.

Resource:

Nursing Home Injury Laws

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

admin — Mon, 16 Mar 2009 19:03:27 +0000

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 to verdict or settled. After all the work has been done, the attorney receives a percentage of the recovery.

The percentage of the recovery a lawyer charges is dependent on the type of case and the complexity of the matter. Nonetheless, the exact percentage should be agreed upon in writing soon after the lawyer has been retained.

In all cases, there is a chance there will be no recovery — the case may not have merit, or the defendant could go bankrupt. Under a contingency fee contract, if the lawyer does not win the case then the client will not be required to pay a fee. The client is not responsible for paying the lawyer for any of the time he spent on the case.

The ability to collect a percentage of the settlement or judgment provides a solid incentive for a lawyer to best serve a client. This is another reason why contingency plans are very popular with clients. After all, the potential financial reward of getting the highest settlement benefits the client and the attorney equally.

What steps should I take in preparing to meet with a nursing home lawyer?

When to contact a nursing home attorney?

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?

admin — Mon, 16 Mar 2009 19:02:30 +0000

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 society, loss of companionship, and emotional distress.

What is the surviving spouse of a deceased nursing home resident entitled to in a wrongful death lawsuit?

Are there limits on the compensation the victim of a nursing home injury can recover?

Resource:

Nursing Home Injury Laws

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

admin — Mon, 16 Mar 2009 19:01:29 +0000

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 an attorney to help you recover monetary damages against the facility or physicians who were responsible for providing care.

Depending on the area where you live, a lawsuit brought against responsible parties entitles you to both economic and non-economic damages. Economic damages include past and future medical expenses, as well as past and future lost wages. Non-economic damages include past and future pain and suffering, loss of normal life, and disfigurement.

Many attorneys who concentrate in bed sore litigation work on a contingency fee arrangements– there is no charge to speak with an attorney regarding your case. Only when, and if, there is a recovery will a legal fee be charged.

Nursing Home Injury Laws

New York Jury Punishes Nursing Home Where Man Develops More Than 20 Bed Sores

$5 Million In Punitive Damages Awarded To Widow In Bed Sore Case Against Nursing Home & Hospital