If a resident is in a nursing home, it is the staff’s responsibility to do everything in their power to prevent bedsores. If a resident gets a bedsore because a nursing home was abusive or negligent, they can file a lawsuit against the nursing home.
Bedsore cases are the second most common type of nursing home abuse lawsuit (after wrongful death cases). Verdicts have ranged widely, with an award as high as $312,000,000 in one case.
To file for medical malpractice, you would file a civil lawsuit. A qualified attorney can help you decide which type of lawsuit to file.
Generally, the plaintiff has to prove that the nursing home caused or worsened the bedsore by being abusive or negligent. For example, the plaintiff might have to prove that the nursing home did not provide adequate hygiene or re-position the patient often enough.
However, sometimes, the nursing home takes on the burden of proof. They try to prove that the resident had the bedsore before coming to the nursing home, or prove that there was nothing they could do to keep the bedsore from forming.
In severe cases, family members have filed criminal lawsuits against nursing homes for abuse after loved ones died from bedsore-related injuries. In some of these cases, caregivers have been convicted of manslaughter.
If you or a loved one has developed a bed sore in a nursing home, contact us today so we can help you decide whether you have grounds for a lawsuit.
Roach, Rachel, and Dexter, Clarisse. 2010. “The Prevention, Treatment, and Liability of Pressure Ulcers in the Nursing Home.” Medicine & Health 93(12):365-368. Rhode Island Hospital. Available at http://www.rimed.org/medhealthri/2010-12/2010-12-365.pdf
Voss, A.C., et al. 2005. “Long-term care liability for pressure ulcers.” Journal of the American Geriatric Society 53(9):1587-92. Available at http://www.ncbi.nlm.nih.gov/m/pubmed/16137292/