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.
A lawyer experienced in bedsore litigation 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 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. You must show that the failure to provide adequate care directly caused the bedsore/pressure ulcer.
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 bedsore 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 to schedule 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 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 bedsore 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.