Many healthcare providers consider bedsores to be a normal complication that arises when patients have limited mobility. The truth, however, is that bedsores (also called “pressure ulcers”) can often be prevented if nursing home staff follow accepted standards of care. When these standards are breached and bedsores develop as a result, the victim or his/her surviving family members may have grounds for a claim against the facility.
Read on to learn the elements that must be proven in order to recover damages from a nursing home for bedsores:
1. A Duty of Care Existed
A duty of care exists as soon as the healthcare provider-patient relationship is established. As such, proving that the nursing home owed you or your loved one a duty of care may only require medical documentation.
2. The Duty of Care Was Breached
A breach of the duty of care is called “negligence.” Nursing homes and the caregivers they employ are considered negligent when they deviate from the most widely accepted standards of care.
Nursing home negligence takes many forms. Below are a few examples of negligence that might lead to the development of pressure ulcers:
Having too few caregivers to provide adequate care
Hiring unqualified or inadequately trained caregivers
Failing to implement adequate patient care programs
Failing to regularly move a patient who has limited mobility
3. The Breach of Duty Caused the Bedsores
Even if you have strong evidence to prove the nursing home breached the duty of care, your claim won’t be successful unless it can be shown that the breach of duty was the actual or proximate cause of the bedsores. A skilled nursing home neglect lawyer can help you gather the evidence needed to prove causation, which may include surveillance footage, the nursing home’s operating procedures, keycard data, caregiver schedules, and deposition and testimony from nursing home residents, staff, and medical experts.
4. Damages
If you have strong evidence to prove negligence and causation, you might assume the nursing home or its insurance company would step up to the plate and offer a fair settlement. Before you recover a single dollar, however, you’ll have to prove the kinds of damages incurred and their value.
In nursing home neglect cases involving bedsores, recoverable damages may include healthcare costs and non-economic damages like pain and suffering. If a caregiver acted with willful negligence or a conscious disregard for the rights, safety, or health of others, punitive damages may also be available. A seasoned nursing home neglect lawyer can help you account for all potentially recoverable damages so you don’t end up accepting an unfair settlement.
Discuss Your Claim with a Nursing Home Neglect Attorney in New York
There’s no excuse for neglecting or abusing a nursing home resident. At Leitner Varughese, we are passionate about helping the injured and their families pursue the compensation they deserve. Our award-winning attorneys have recovered more than $100 million for clients in nursing home neglect and malpractice cases. To schedule a free, no-obligation consultation, call us today at 855-585-2969 or send us a message on our Contact Page.
