Can You Sue a Nursing Home for Bedsores?
Nursing homes are facilities that people across California entrust with their elderly family members. Different nursing homes have different qualities of care, employees, and policies. Likewise, some assisted-living facilities do not provide adequate care for elders with limited mobility. These older folk are in need of manual turns in bed as prolonged periods of time in one position can lead to the development of bedsores.
When considering filing a lawsuit for bedsores, it is important to note that a competitive California bedsore attorney will do everything in their power to investigate your case and prevent further harm from happening. Joel Bryant is here to do just that by challenging the nursing homes and other facilities that have put your elders at risk.
How do Bed Sores Happen?
Bedsores can be quite common for elders that are not treated correctly in a facility. An excess amount of pressure on one area can cause them to experience sores if pressure is not released after a certain amount of time.
Oftentimes, nursing homes and assisted-care facilities have problems that need addressing. While there may not be a conscious intent for harm in some of those scenarios, it does not mean that the elder and their family are any less entitled to compensation for the injuries experienced by the elder.
- Understaffed nursing facilities, hospitals, or care centers may mean that there is not a sufficient amount of staff to meet the needs of the residents, decreasing the amount of time that is spent turning elders.
- In some instances, negligent staff refuse to turn patients as needed. They may do so out of pure ignorance or malicious intent.
- Improper documentation of a medical staff’s actions may also contribute to bedsores. Elders are oftentimes unable to communicate these types of needs and rely on the care center’s patient care system to keep them healthy. If proper documentation is not kept, they may miss windows in which they must turn elders and prevent bedsores.
- Another example is the failure to diagnose evolving conditions of an elder. If an elder’s health is rapidly declining and in need of changing standards of care, it is the responsibility of the nursing home or care facility to identify and address such changes.
Intricacies of Suing for Bedsores
There are numerous different things to consider when determining if a care facility is liable for bedsores. These may vary in severity and cause a differing amount of damages that may be awarded to the plaintiffs.
- Duty of care
- Breach of duty of care, should one be present
- A link between the breach of duty of care and injuries
- Presence of an injury or finances that can be compensated
- Extent of injury, pain and suffering
Contracts spelled out between patients and their facilities of care almost always contain a duty of care. As medical practitioners, they must provide the care that they ensure that they will provide. Despite this, there is not always a case to be made if one develops bedsores and it can be difficult to determine if a case can actually be made without in-depth knowledge of the California legal system.
Determining if You Are Eligible to Sue in California
The complexity of bedsore cases requires the experience of an experienced San Diego bedsore attorney. Joel Bryant has decades of experience fighting for the rights of those experiencing abuse as elders in nursing homes to better their quality of life.
By contacting Attorney Bryant, you will be taking the first step in ensuring a future without further injury for your loved one. We offer free consultations so you can discover if you truly have a case for a bedsore lawsuit before committing.