These are the most commonly asked questions about bedsore cases. Can’t find what you’re looking for? Send us a message.
Bedsore litigation involves lawsuits typically against healthcare providers or long-term care facilities, including nursing homes and assisted living facilities, due to neglect or substandard care resulting in bedsores, also known as pressure ulcers. These can be serious, and painful, and may lead to further health complications, including death.
Our attorneys are experienced in bedsore litigation and can provide invaluable help by investigating the circumstances of the care received (or that the facility failed to provide), gathering evidence, assessing the viability of a claim, navigating the legal process, filing and litigating your case in court, presenting the evidence to a jury, and potentially negotiating for fair compensation via settlement.
We file lawsuits against acute care hospitals, nursing homes, and assisted living facilities for not providing the measures and care to prevent the development of bedsores. These failures include not repositioning and turning enough, not providing adequate nutrition and water, not providing a mattress or other cushion device specifically designed to offload pressure, and not monitoring or checking the condition of a patient’s skin.
This depends on what state you will file a case in. For example, in California you are required to show that a facility was reckless in their treatment of a resident or patient (not just negligent) to potentially recover enhanced damages; you also need to meet a “clear and convincing” standard of proof, which falls between “negligence” and “beyond a reasonable doubt,” and show employer ratification to recover all of the damages available under California law. In most other states, a negligence standard is all that is required.
At Bedsore.Law, we work on a contingency fee basis. This means you pay nothing unless we win your case. Everyone should have access to justice, regardless of their financial situation.
The timeframe, or “statute of limitations,” for filing a bedsore lawsuit varies by state and the specifics of your case. It’s crucial to consult with a lawyer as soon as possible to ensure your claim is filed within the required timeframe.
Compensation can cover past and future medical expenses, pain and suffering, loss of enjoyment of life, and in severe cases, wrongful death damages.
If your loved one has developed bedsores while in a care facility, it’s essential to first ensure they receive appropriate medical treatment. Then, consider consulting with a nursing neglect lawyer to discuss potential legal action. Document any evidence and keep detailed records of all care and correspondence with the facility.
Starting a case with us is simple. You can fill out the contact form on our website or give us a call for a free, no-obligation consultation. We’ll discuss your case, answer any questions you have, and guide you on the next steps.
At Bedsore.Law, we have over 200 years of combined experience of holding nursing homes, hospitals and assisted living facilities accountable. We also have some of the most decorated and respected lawyers nationwide who are passionate about getting justice for our clients. We understand the intricacies of nursing neglect cases and have a proven track record in securing fair compensation. We treat every client with the compassion and respect they deserve, providing personalized legal representation every step of the way. We also return calls and provide regular updates, something that many other firms fail to provide.
Nursing home abuse encompasses more than just physical harm. It includes any action or neglect that causes harm or distress to a resident, such as withholding medical care, emotional abuse, financial exploitation, and more. It’s crucial to monitor your loved one’s health and well-being closely, as abuse can manifest in various forms, from pressure sores and unexplained injuries to significant changes in mood or behavior.
Many families worry about the cost of hiring an attorney. Our firm operates on a contingency fee basis, meaning you pay nothing upfront.
The value of a nursing home abuse case varies widely based on many factors, including the nature and extent of the injuries. Each case is unique, but compensation can cover pain, suffering, medical expenses, and more. Call us for a free consultation to learn more about the potential value of your claim.
While no amount of money can undo the harm caused, financial damages serve two critical purposes: they provide necessary support and relief to victims and their families, and importantly, they act as a deterrent against future negligence by impacting the nursing home’s bottom line.
While common, arbitration agreements do not strip you of your rights. Our experienced attorneys have successfully challenged these agreements, and even in cases where arbitration is enforced, we’re adept at litigating within this framework to secure justice for our clients.
Our firm has a broad reach, with 29 offices across the U.S. For cases outside our direct admission, we can represent you through a pro hac vice arrangement or partner with local counsel, ensuring expert representation regardless of location, at no extra cost to you.
Absolutely. It’s always worth discussing your situation with our knowledgeable team. We offer free consultations to evaluate your case, provide guidance, and help you understand your legal options, even if it turns out you don’t have a case.
Reporting a negligent nursing home is a crucial step towards accountability. Our firm can guide you in reporting to the appropriate state agencies, ensuring your complaint is heard and acted upon, and we offer resources on our website to assist in this process.
Many families struggle with guilt, but it’s essential to recognize that the responsibility for providing safe, adequate care lies with the nursing home. Placing a loved one in a facility does not absolve it of its duties; abuse and neglect are never justifiable.