What You Need To Know About Nursing Home Bedsore Claims

Bedsores, also known pressure sores or pressure injuries, are a serious concern for nursing home residents. They can cause complications like infection, hospitalization, or death. In nursing homes, bedsores often indicate neglect, as these injuries can be avoided with proper care. Here’s what families need to know about these serious injuries, including how to identify them, what to do if they appear, and what legal options may be available.

What to Do If You Notice a Bedsore in a Nursing Home

If you observe a bedsore on a loved one in a nursing home, it is essential to act immediately. Prompt action can help prevent the injury from worsening and may protect your family’s legal rights if the sore develops due to neglect.

Here are key steps to take:

• Document the injury thoroughly: Take clear, dated photographs of the sore from multiple angles. Note the date it was first observed, its location on the body, size, depth, and any signs of infection. Record any comments from staff or observations about the resident’s condition.
• Seek prompt medical attention: Make sure the resident is evaluated right away, either by in-facility staff or an outside healthcare provider. Request that all examinations and treatments are documented in the medical record. Early intervention is critical to prevent complications and to establish a clear record of care.
• Preserve records and communication: Keep copies of all relevant documents, including medical records, care plans, progress notes, and any written or electronic communication with nursing home staff. If the facility provides instructions for treating the bedsore, keep a copy. Maintaining a timeline of events can be essential for identifying patterns of neglect.
• Monitor the resident closely: Continue taking photos and notes as the sore is treated. Document changes in the wound, any delays in care, and responses from staff. This ongoing record is vital to show the severity of the injury and the facility’s handling of it.

Can You Sue a Nursing Home for a Bedsore?

Yes. Bedsores in nursing homes are not a normal part of aging or care, they are often a clear sign of neglect. Legally, a bedsore injury can form the basis of a claim if it shows the facility failed to provide proper care or meet its legal duty to keep residents safe.

Examples of neglect that can lead to a claim include:

• Failing to reposition or turn residents regularly
• Poor hygiene or unsanitary conditions
• Ignoring early signs of skin breakdown
• Inadequate staffing or poorly trained caregivers

How Does a Nursing Home Bedsore Claim Work?

A bedsore claim begins when a family consults a nursing home attorney to review the case and determine if the facility may have been negligent. The goal is to show that the nursing home failed to provide proper care, which led to the injury.

The process typically involves several key steps:

• Reviewing medical records: Attorneys examine all documentation of the resident’s care, the bedsore’s development, and any medical treatments provided to understand the injury’s severity and progression.
• Gathering supporting evidence: This includes care plans, facility logs, inspection reports, and witness statements from staff, residents, or family members.
• Evaluating the facility: Past violations, staffing levels, and training procedures help show whether the nursing home met its duty of care.
• Negotiating or litigating: The attorney may negotiate a settlement with the facility or its insurer. If a fair resolution isn’t possible, the case can move toward trial.

What Types of Compensation Can Families Pursue?

Through a nursing home neglect claim. families may pursue both economic and non-economic damages, reflecting the injury’s full impact on the resident’s health, comfort, and overall quality of life.

Economic Damages:

Economic damages address the measurable financial losses associated with the injury. This may include hospitalization costs, wound care, medications, surgical procedures, rehabilitation services, and any specialized medical equipment required for recovery. In more severe cases, compensation may also cover long-term or future care needs, including transfer to a higher level of care or ongoing skilled nursing support. These medical costs can accumulate quickly, particularly when pressure ulcers lead to infection or other serious complications.

Non-Economic Damages:

Non-economic damages cover physical and emotional suffering from the bedsore and resulting neglect. Residents may suffer pain, loss of mobility, loss of independence, anxiety, or distress. Advanced cases can greatly diminish dignity and daily functioning. Compensation reflects the personal toll preventable injuries impose.

What Factors Influence Bedsore Claim Settlement Amounts?

Several factors can affect the outcome and potential settlement value of a nursing home bedsore claim:

• Severity of the Bedsore: More advanced bedsores generally lead to higher compensation. A stage 1 sore may require minor treatment, while a stage 4 sore exposing muscle or bone, causing infection, or requiring surgery can result in significantly higher damages. Complications like sepsis or long-term disability increase the claim further.
• Extent of Neglect: The degree of staff negligence directly impacts the settlement. If the facility completely failed to reposition the resident, ignored care plans, or falsified records—allowing a bedsore to worsen—compensation is typically higher. Lesser neglect, such as delayed treatment after noticing the sore, can still support a claim but may result in a lower settlement.
• Medical Documentation: Detailed, timely records strengthen a claim. Clear documentation of the bedsore’s progression, treatment delays, and medical interventions can make it easier to show negligence. Missing or inconsistent records can reduce potential compensation.
• Nursing Home History: Facilities with prior violations, repeated deficiencies, or systemic staffing issues are often more vulnerable to higher settlements. Insurers may be more willing to settle quickly to avoid public exposure or litigation risk.
• Impact on the Resident: The more serious the consequences, the higher the claim. Hospitalizations, surgeries, loss of mobility, chronic pain, or a permanent decline in quality of life can all increase the value of a bedsore claim.