Learn About Filing a Bedsore Lawsuit for Nursing Home Pressure Sores
Pressure sores (also known as bedsores or pressure ulcers) are painful, often preventable injuries that occur when someone remains in one position for too long. They’re especially common among nursing home residents with limited mobility who rely on staff for repositioning and personal care. Bed sores shouldn’t be ignored. Pressure sores can lead to serious infections and even death when left untreated.
Families often wonder: Can you sue for bedsores? The answer depends on the circumstances. In many cases, pressure ulcers are a sign of neglect. At Munley Law, we can help you better understand whether a loved one’s pressure sores justify filing a nursing home abuse claim or lawsuit.
What Are Pressure Sores?
Remaining in one position for too long can restrict blood flow to the skin and underlying tissue. Without circulation, tissue in the affected area begins to die. The result: Open wounds and higher risk of infection. Common areas where pressure ulcers form include:
- Lower back and tailbone
- Hips
- Heels
- Ankles
- Elbows
- Shoulders and shoulder blades
These injuries are most frequently seen in nursing home residents confined to beds or wheelchairs. That said, anyone with limited mobility is vulnerable to the effects of prolonged pressure that may cause sores. This is particularly true if nursing home staff members neglect residents.
The Four Stages of Pressure Sores
The medical community classifies pressure sores into four stages based on severity. Identifying the stage is important for both treatment and potential liability.
Stage 1: Skin Discoloration and Sensitivity
At this earliest stage, the fragile skin remains intact but shows signs of irritation. Typically, an early nursing home bedsore may appear as redness or discoloration that doesn’t go away after pressure is relieved. The area may feel warmer or cooler than the surrounding skin, and the resident might complain of burning, itching, or tenderness.
Key concern: Stage 1 sores are reversible with proper care. Failure to address them can lead to rapid deterioration.
Stage 2: Blistering or Skin Breakdown
At this stage, the sore develops into an open wound. The skin may break or form a blister. By Stage 2, developing bedsores often look like shallow craters or fluid-filled sacs. The area is particularly sensitive and prone to infection.
Key concern: The nursing home should implement a specific care plan and monitor for a Stage 2 infection risk.
Stage 3: Deep Wounds Into Fat Tissue
The ulcer extends into the deeper layers of skin and fat. It often appears as a deep crater with visible tissue damage and possible drainage or foul odor due to lack of blood flow.
Key concern: Nursing home abuse or neglect may occur when developing pressure sores reach this stage.
Stage 4: Damage to Muscle and Bone
This is the most advanced form of pressure sores in nursing home abuse. A Stage 4 bedsore exposes muscle, tendon, or even bone. These wounds carry a high risk of life-threatening infection, including sepsis and osteomyelitis.
Key concern: Stage 4 pressure sores may indicate long-term neglect. They often lead to hospitalization, permanent disability, or death.
Prevention: The Standard of Care
Nursing homes must take reasonable steps to prevent the development of pressure ulcers. Reducing the risk factors that lead to damage is key. The most important preventative measures include:
- Repositioning immobile residents every two hours
- Using pressure-relieving mattresses or cushions
- Keeping skin clean and dry
- Monitoring high-risk residents closely
- Providing adequate hydration and nutrition
- Promptly treating early signs of skin irritation
Facilities put vulnerable residents at risk when they fail to follow these protocols. Filing a bedsore lawsuit can hold them accountable when their failures cause suffering or loss.
Treatment and Response
Early intervention is key to healing pressure sores. Once a sore is identified, staff should:
- Clean and dress the wound regularly
- Reduce pressure on the area using pillows, supports, or specialized beds
- Administer antibiotics if necessary
- Involve a wound care specialist
- Update the care plan to reflect the increased risk and treatment needs
Surgery may be required in advanced cases. Failure to respond to a developing sore can form the basis of a pressure ulcer claim.
When Is a Bedsore Grounds for a Lawsuit?
Not every pressure ulcer is a result of abuse or neglect, but many are. Families of elderly residents often ask: Can you sue for nursing home bedsores? You may have grounds for legal action if:
- The sore reached Stage 3 or 4
- The facility failed to follow prevention guidelines
- Treatment was delayed or insufficient
- The sore contributed to serious injury, hospitalization, or death
A bedsore lawsuit may involve claims of negligence, medical malpractice, or violation of a resident’s rights under federal and state law. Liability may rest with multiple parties, including:
- Nursing Home or Facility: When staffing shortages, poor training, or inadequate supervision lead to harm
- Medical Professionals: If doctors, nurses, or wound care specialists ignore warning signs or fail to intervene
- Corporate Ownership Groups: Many facilities are operated by larger companies that may cut corners to boost profits
At Munley Law, we work closely with family members to investigate deeply to identify all responsible parties and pursue full compensation for victims impacted by nursing home negligence.
What Damages Can Be Recovered?
Nursing home patients should not be subject to needless suffering. There are ways to recoup damages for this neglect. If a pattern of neglect is uncovered, punitive damages may also be available. A successful pressure sore lawsuit may recover compensation for:
- Medical bills related to wound care, hospitalization, or surgery
- Pain and suffering
- Emotional distress
- Disability or reduced quality of life
- Wrongful death, in fatal cases
What to Do If You Suspect Neglect
If your loved one has developed a pressure ulcer in a nursing home or assisted living facility, take the following steps:
- Photograph the Wound: Document the appearance and size of the sore, as well as any discharge or inflammation.
- Request Medical Records: Ask for wound care charts, care plans, and repositioning schedules.
- Seek Outside Medical Advice: If you believe the wound is not being properly treated, consult an outside physician.
- Report the Facility: Contact your state’s Department of Health or long-term care ombudsman.
- Speak with a Lawyer: Munley Law offers a free case consultation to review your options and next steps.
About Munley Law’s Experience and Authority
A legal professional can help you seek justice in cases of nursing home abuse or neglect, especially when pressure ulcers are involved. At Munley Law, there are several important reasons to choose our team when filing a claim or lawsuit.
We have been proudly serving the community for over 65 years, building a strong reputation for advocating on behalf of our clients. We have secured substantial settlements and won cases in court, particularly when insurance companies fail to offer fair compensation. Additionally, our payment structure is client-friendly: we only collect a fee if you receive compensation, with our fee being a percentage of your final settlement or award.
Talk to Munley Law About Filing a Bedsore Lawsuit
Pressure ulcers are often avoidable and the result of inadequate care. Many families of nursing home residents are shocked to discover the widespread prevalence of this form of nursing home neglect.
You don’t have to handle the process alone when filing a pressure sore lawsuit on behalf of a loved one. Munley Law is here to help.
Contact us today for a free consultation. We’ll help you understand your rights and whether a pressure ulcer claim is appropriate.
