NYC Injury Lawyers Hold Nursing Homes Accountable for Bed Sores

New York attorneys win compensation for patients who suffer from pressure ulcers

A common issue negatively affecting the care of the elderly in nursing homes is bed sores, also known as decubitus ulcers or pressure sores. This condition is usually the result of persistent pressure to an area of the skin. It is a common problem that is often caused by negligence of nursing staff in failing to turn and re-position elderly patients who are unable to do so themselves.

A patient is most at risk of bed sores if they have a medical condition that prevents them from changing position or if they spend most of their time in bed. Other risk factors include incontinence, numbness in the affected areas, poor nutrition and hydration.

Warning signs of bedsores may include changes in skin color or texture, a different skin temperature in the affected area, swelling, pus and soreness. If your loved one is experiencing any of these problems, it might be the result of bed sores that, if left untreated, can irreparably damage one’s skin and the tissue below the skin, and cause infection. You should seek immediate medical treatment and, if medical assistance is inadequate or not forthcoming, consult an attorney who can help you take remedial action.

Nursing home responsibilities

Nursing homes can be held liable for failing to prevent and properly treat these potentially fatal wounds. Since the elderly often spend many hours in a wheelchair or in a bed, it is critical to the prevention of bed sores that the patient be turned and repositioned regularly and that support surfaces for pressure reduction by provided. Not doing so contributes to bed sore development that can rapidly deteriorate into a serious health condition such as sepsis infection, which can become fatal. The nursing home has a duty to train its staff on how to prevent bed sores from developing, as well as to provide necessary treatment and services to promote healing when they occur. If a nursing home allows bed sores to develop or progress or doesn’t address complaints about them, we can take the actions needed to hold the facility accountable for the resulting injuries.

Proving breach of duty

To determine if a patient’s bed sores are the fault of the nursing home staff, we will conduct a thorough investigation into why the patient suffered bed sores, what (if any) efforts the nursing home staff took to prevent and treat them, and whether the facility is at fault. During the litigation, we use additional means, known as discovery, to compel the nursing home and its staff to provide us with additional information. These methods include document requests and depositions (oral questioning under oath). The nursing home is liable when its staff is negligent in failing to prevent bed sores from developing and/or failing to properly treat bed sores once they occur. 

Seeking damages

If your loved one suffers from bed sores, they might be entitled to compensation for:

• Past medical bills incurred to treat them
• Future medical bills required to treat them
• Pain and suffering
• Emotional distress

As your counsel in a nursing home bed sores case, we will aggressively seek the maximum damages permitted by law, and whenever possible will negotiate a fair settlement.

Contact a respected New York nursing home bed sore attorney

The attorneys of Rich & Rich, P.C. fight tirelessly on behalf of New York metropolitan area nursing home patients suffering bed sores as a result of neglect. We have offices in Manhattan and Nassau County. To schedule a free consultation with one of our attorneys, call 917-746-3358 or contact us online.