If you have learned that your loved one developed bedsores and they are currently a resident in an assisted living environment or nursing home facility, you may be anxious to take action.
Bedsores can be a sign of neglect or abuse. It is important that you take steps to protect your family member from further injury or damages. With help from a nursing home abuse attorney, you may be able to pursue a lawsuit against the nursing home facility and other liable parties when your family member is diagnosed with a bedsore injury.
When Can You Sue for a Bedsore?
The simple development of a bedsore is not enough to file a lawsuit or insurance claim against a nursing home or a nursing home staff member. However, if your nursing home abuse and neglect attorney can prove that the nursing home staff or facility engaged in negligence or misconduct, you may have the opportunity to file a lawsuit.
Bedsores are almost always preventable. If the healthcare administrators, nursing home facility, and nursing home healthcare providers were regularly checking on your loved ones, moving them often, and ensuring they were being taken care of at all times, the bedsore injury would not have occurred. In very limited circumstances, bedsores are unpreventable.
For this reason, as soon as you notice your loved one has developed a bedsore, reaching out to an attorney for help may be in your best interests. This may be just the first sign that your loved one has been experiencing neglect or abuse far greater than the excruciating pain of a bedsore.
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Who Can You File a Bedsore Claim Against?
There are multiple parties who could be sued if your family member develops bedsores in a nursing home. Generally, anyone involved in the health or care of your family member could be held accountable.
If nurses failed to move your loved ones regularly, failed to diagnose or treat the bedsore, or otherwise engaged in abuse or neglect, they could be named in your nursing home complaint or lawsuit. Other parties to cause your liability include:
- Your loved one’s primary care doctor
- The nursing home facility’s nurse’s assistants
- Other nursing home staff
- Nursing home administrators
- Surgeons and physicians
In many cases, in addition to filing a claim or a lawsuit against the individual who failed to care for your loved one, you may also have grounds for legal action against the nursing home facility or the parent company that owns them. These facilities have an obligation to hire skilled staff, properly vet their employees, and implement policies and procedures that are in the best interest of nursing home patients. Any instance of negligence or care by nursing home facilities or parent companies that led to the development of a bedsore could be grounds for legal action.
How Do Nursing Home Bedsore Lawsuits Work?
Nursing home bedsore lawsuits begin by contacting a nursing home abuse lawyer for help. Your attorney will then analyze the circumstances of your case to determine how to best approach your nursing home abuse insurance and civil claims.
Generally, you can start by reporting your nursing home abuse or neglect concerns to the Arkansas Department of Human Services. They have a program known as the Office of Long-Term Care that is designed to investigate complaints of nursing home abuse and neglect.
While the state and local police departments investigate the abuse or neglect your loved one suffered, your attorney can begin to determine whether the liable parties have insurance coverage and build a civil lawsuit against the defendant so we can fight for your rights at trial. Generally, many nursing home abuse complaints will be resolved outside of court. However, if the defendant or insurance company is unable to sufficiently meet your needs, going to trial may be the better option.
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What Damages Can Be Awarded for Nursing Home Bedsores?
When your loved one is diagnosed with bedsores or bedsore-related injuries, they have the right to be compensated for how they have been affected by the abuse or neglect. To ensure maximum compensation, your attorney will separate your loved one’s damages into categories known as special damages and general damages.
Special Damages (Economic Damages)
Special damages are also commonly referred to as economic damages. They include all of the out-of-pocket, upfront, and financial expenses your family and loved one have suffered as a result of your family member’s bedsore injuries. Some of these costs could include:
- Relocating to a New nursing home facility
- Bedsore treatment
- Future of medical care related to the bedsore
- Any other healthcare expenses related to the bedsore
- Costs of increased health insurance premiums
General Damages (Non-Economic Damages)
General damages are commonly referred to as noneconomic damages. They include how your loved one’s life and your family’s lives have been affected by the bedsore injury your loved one suffered. Examples of general damages awarded in nursing home beds or claims include:
- Excruciating physical pain
- Chronic suffering
- Emotional distress and trauma
- Indignity, shame, and embarrassment
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement and skin scarring
Punitive damages or another type of way your family member could be awarded for the abuse they endured in their nursing home facility. However, if your loved one developed a bedsore injury, the court system may only award punitive damages if they find the liable party’s conduct particularly offensive, reprehensible, or grossly negligent.
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Contact Our Nursing Home Bedsore Lawyers for Help Today
Are you ready to get justice for your loved one after they developed bedsores? Are you confused about the legal process but anxious to hold a liable party accountable and ensure their negligent practices are addressed head-on?
If so, our experienced nursing home bedsore lawyers at Gatti, Keltner, Bienvenu & Montesi, PLC are here to provide you with the legal guidance you need when you need it most. Fill out our quick contact form or call our office to schedule a free consultation today and start working on your nursing home abuse lawsuit.