Can I Recover Damages for Bed Sores?

April 28, 2023 | Medical Malpractice

Pressure ulcers, most commonly referred to as bed sores, often occur to nursing home and assisted living residents when staff members fail to follow skin care protocols. Bed sores should never happen in the first place, and when they do, they should be treated promptly so as not to become a more serious infection. Here, we want to discuss whether or not individuals can recover compensation if they sustained bed sores due to the negligent actions of nursing home staff members.

What Are Bed Sores and How do They Happen?

Information available from the Mayo Clinic shows that bed sores are injuries to the skin and underlying tissue that result from prolonged pressure on that specific area of the body. These types of injuries typically occur over areas of the skin that cover more bony areas of the body, including the heels, hips, tailbone, and ankles.

Individuals most commonly at risk of developing bed sores are those with serious medical conditions that limit their ability to change positions or get out of a chair or bed. Bed sores can develop quickly over hours or over longer periods of time. Most bed sores do heal with treatment, but there are times when serious infections can set in.

Bed sores in and of themselves are not an indication of negligent care, but they could be. Even with the best and the most attentive treatment, some patients will develop bed sores. If staff members inside of nursing homes recognize the bedsores promptly and begin treatment, there are usually no further complications. However, bed sores often develop due to negligent care to begin with, and it is not uncommon for this negligence to continue when it comes to treating bed sores.

Any patient inside of a nursing home that continually develops pressure ulcers or has pressure ulcers that will not heal may be the victim of willful negligence on the part of nursing home staff members.

Compensation Available for a Bed Sore Case

Individuals who sustain bed sores as a result of negligent care inside of a nursing home or assisted living facility may be able to recover compensation for their losses. We strongly encourage bedsore victims and their family members to reach out to a skilled Martinsburg nursing home abuse and neglect attorney who can examine the facts of the case and help determine the best steps moving forward.

It may be possible to recover various types of damages, including economic and non-economic damages. This includes, but is not limited to, compensation for the following:

  • Medical bills associated with the bedsore treatment
  • Coverage of relocation to a new facility away from the negligent providers
  • Compensation for court costs and legal fees
  • Payment of any physical therapy or rehabilitation needed
  • Compensation for physical and emotional pain and suffering caused by the bed sores

The total compensation available for a successful bedsore claim against a medical provider will vary depending on the circumstances surrounding each particular situation. The payment amount could be affected by the severity of the bed sores, whether the negligence was willful, and the level of pain and suffering the victim endures.