At Eadie Law Nursing Home Injury Lawyers, we focus on helping families harmed by nursing home negligence, especially when it involves bedsores. We believe many bedsores are preventable and can be a serious sign of abuse or neglect.
Our team of experienced bedsore lawyers carefully investigates these cases to uncover whether a nursing home failed to provide adequate skin care, bedsore treatments, and infection controls, leading to worsening bedsores or even death from a bedsore or sepsis.
Our nursing home bedsore lawyers are committed to finding answers for families and holding negligent facilities responsible for preventable bedsores.
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When the skin is under a lot of pressure for a short period or a moderate amount of pressure for a long time, it causes bedsores, also known as pressure injuries or pressure ulcers. This pressure then interrupts the blood flow to the skin, which in turn causes the skin to break down.
Elderly people are more vulnerable to bedsores if they are not prevented early. Our skin becomes more delicate and vulnerable to wounds, tears, and abrasions as we age.
Nursing home caregivers must take precautions with residents’ skin. Skin wounds will become more common when they are too busy, understaffed, or undertrained.
According to the Mayo Clinic, bedsores can develop fairly quickly. This is why it is so important for nursing homes to be aware of prevention strategies. The Mayo Clinic outlines the following warning signs of bedsores:
Bedsores are dangerous because of the risk of infections, which could lead to serious injury or even death. The Mayo Clinic issued the following warning:
Seek immediate medical care if you show signs of infection, such as a fever, drainage from a sore, a sore that smells bad, or increased redness, warmth or swelling around a sore.
Allowing preventable bedsores to start, get worse, get infected, or not heal can all be nursing home neglect. You or your loved one in a nursing home may have the right to pursue compensation for the damages or loss from nursing home bedsores.
Our Ohio bedsore lawyers at Eadie Law Nursing Home Injury Lawyers are here to uncover the real root cause of bedsores. As your bedsore lawyers, we will investigate bedsore incidents in nursing homes on behalf of families.
Our dedicated Ohio pressure ulcer lawyers aim to determine whether the wound was preventable, what efforts were made to heal it or prevent bedsores from worsening, and what efforts were made to prevent infection. Click the button below to contact an Ohio bedsore lawyer now for guidance and support.
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A Stage 4 bedsore (pressure ulcer or pressure injury) is an extremely severe open wound caused by prolonged pressure on the skin. It’s the most advanced bedsore stage, where the sore has eaten through flesh to expose muscle, tendon, or bone.
These types of pressure injuries are often described as deep or crater-like wounds (often as wide as a hand), which means there is severe tissue damage. This level of injury is also known as a Stage 4 pressure ulcer or decubitus ulcer, and it requires urgent medical care.
A stage 4 bedsore is the worst stage a bedsore can be: all the skin is gone. It may be covered (or partially covered) with a dry, dark scab-like material (called “eschar”) or a yellow/white moist material called “slough.” Slough can indicate an unclean or stagnant wound.
Stage 4 bedsores are extremely serious and can indeed be life-threatening. These deep wounds often lead to severe complications like infections (such as sepsis or bone infections) and tissue death. Some sources estimate pressure ulcers contribute to as many as 60,000 patient deaths each year in the United States.
Without prompt and proper treatment, a Stage 4 bedsore can quickly deteriorate a person’s health and may lead to their death. The body has to spend significant resources to try and heal the skin, and the open wound may become infected. Stage 4 bedsores that become infected can lead to bone infections (called “osteomyelitis”) or systemic inflammatory reactions (called “Sepsis,” which is deadly).
Bedsores (pressure sores) are caused by prolonged unrelieved pressure on the skin, usually over bony areas like the tailbone, heels, hips, or back of the head. In the nursing home industry, these are called “bony prominences.”
If a resident is immobile, bedbound, wheelchair bound, or simply unable to move themselves around in bed or while sitting, the nursing home must assist them at least every 2 hours to reposition to avoid skin breakdowns / bedsores. In nursing homes, bedsores regularly develop when the nursing home fails to regularly turn and reposition a resident, as blood flow is restricted or cut off, leading to tissue death. Prolonged pressure damages the skin and underlying tissue. Other factors can cause or contribute to the problem, including moisture (from incontinence), inadequate nutrition, and friction (from being moved around roughly in bed by staff). This is neglect.
Yes. In the vast majority of cases, bedsores are highly preventable with proper care. In fact, the only way a nursing home can claim a stage 4 bedsore is “unavoidable” is to show they took all reasonable precautions and provided all required care.
Many nursing homes we sue claim the resident is responsible for their own bedsores, blaming their medical conditions (like diabetes or peripheral vascular disease), or refusing care (like refusing to let them help with repositioning in bed). This is usually false. Nursing homes are responsible for knowing and meeting the resident care needs, especially if their medical conditions increase the risk of bedsores.
Nursing homes must regularly turn or reposition residents who have reduced mobility, keep their skin clean and dry, use special mattresses or cushions to reduce pressure (such as air mattresses), and ensure residents get adequate nutrition and hydration to maintain healthy skin.
Late-stage bedsores (Stage 3 or 4) are a red flag because these injuries usually don’t occur if the facility consistently provides these basic preventative measures, and such injuries should always be detected while still Stage 1 or 2 if the facility is properly checking skin.
When a nursing home does its job, residents should not develop severe pressure ulcers. Moreover, nursing homes should implement detailed care plans to prevent pressure ulcers, especially for residents at higher risk, and modify those to ensure adequate and timely care if someone does have a bedsore.
Yes – a Stage 4 bedsore is widely recognized as a strong indicator of neglect in a care facility.
Bedsores are so avoidable that regulators consider advanced pressure ulcers an “avoidable” injury in nearly all circumstances. While it’s true that a very frail or medically complex patient might get a mild bedsore despite reasonable care, allowing it to progress all the way to Stage 4 is usually a result of the staff failing to provide proper attention and treatment.
In practice, bedsores of this severity are treated as a form of nursing home abuse or neglect, and families have legal recourse when it happens.
First, ensure your loved one gets urgent medical care. Stage 4 bedsores are medical emergencies – make sure the nursing home brings in a doctor or wound care specialist, or transfer your loved one to a hospital if necessary.
Next, document everything: take photos of the bedsore, keep records of the treatment (or lack thereof), and note any conversations with staff. It’s also wise to consult a nursing home neglect lawyer once the immediate health crisis is addressed. An attorney can advise you on holding the facility accountable.
Finally, consider reporting the situation to state authorities if you suspect neglect. Acting quickly protects your loved one’s health and preserves evidence for any potential legal action.
Absolutely. A nursing home (or assisted living facility) can be sued if a resident developed bedsores due to negligent care. Families have the right to pursue a lawsuit when bedsores result from elder abuse or neglect, such as staff failing to reposition a bedridden resident or not treating an emerging sore.
In legal terms, facilities have a duty to provide proper care; if they breach that duty and a patient is harmed (e.g. develops a Stage 4 pressure ulcer), they can be held liable in court.
If neglect caused the bedsores, you may be entitled to compensation for your loved one’s pain, medical bills, and other damages.
Yes, a nursing home is legally liable for bedsores that result from its negligence. Nursing homes have a legal duty to keep residents safe and prevent harm. Failing to prevent or properly treat bedsores can constitute negligence.
Ohio nursing home residents are protected by Ohio’s Residents’ Rights law, which requires the facility to provide adequate nursing care, a safe and clean environment, and that the resident’s sponsor / POA is kept informed of significant changes in condition (such as having a bedsore).
Late-stage bedsores are often cited as clear evidence that the facility breached its duty of care. If a resident develops serious pressure ulcers under a nursing home’s watch, the facility (and sometimes its parent company) can be held responsible for the resulting injuries. Essentially, a nursing home may be liable to compensate the victim for harm caused by avoidable bedsores.
The nursing home facility itself is typically the primary party held responsible for a resident’s bedsores. This includes the owners or operators of the nursing home, since they are accountable for the actions of their employees and the quality of care provided.
In some cases, outside medical providers could share blame, for example, if they provide inadequate care or prescribe the wrong treatments. But usually any lawsuit will target the facility and its management, because most often the facility is the one failing to provide care. External wound doctors and nurse practitioners treating nursing home bedsores typically only see the resident once a week, but the nursing home is providing all the care in between visits.
It’s also possible to hold hospitals or assisted living facilities liable if the bedsore occurred under their watch.
In short, whichever organization failed to provide proper prevention and care for the bedsore can be held responsible – most often, that’s the nursing home where your loved one resided. You should consult with an Ohio nursing home injury lawyer like us to determine responsibility and seek accountability.
To pursue a bedsore negligence lawsuit, you (or we) need to gather evidence showing the facility’s poor care and the injury that resulted. Important evidence includes:
All these pieces help prove what happened. For instance, photos and medical charts prove the bedsore’s severity, while staff logs (or the absence of proper monitoring notes) can show if the resident wasn’t turned or cared for adequately
An experienced nursing home injury attorney like those at Eadie Law will help you collect and organize this evidence to build a strong case.
Legally, proving negligence in a bedsore case means showing four key elements: duty, breach, causation, and damages.
First, you establish that the nursing home had a duty of care – which it did, as it must care for residents and prevent avoidable sores.
Second, you prove the home breached that duty by failing to meet reasonable care standards (for example, not repositioning the patient, not treating a Stage 2 sore, etc.).
Third, you show causation: that this breach directly led to the bedsore or allowed it to worsen.
Finally, you document the damages – the harm suffered – such as the pain, infection, medical complications, and costs resulting from the Stage 4 bedsore.
In practical terms, evidence like medical records and expert testimony will connect the dots (e.g., showing that if proper protocols were followed, the bedsore would not have developed or gotten so bad). Once you demonstrate those elements, you have effectively proven the nursing home was negligent.
Consult with a nursing home injury lawyer like those at Eadie Law to analyze the evidence to build and prove the case.
The average settlement for nursing home bedsore cases falls in the hundreds of thousands of dollars, though values vary widely. One analysis found an average payout around $260,000 for bedsore negligence lawsuits, but that includes wrongful death cases and cases in states without damage caps.
Severe cases (like Stage 4 ulcers with serious complications or death) often settle for much more.
Each case’s value depends on factors like the extent of injury, medical costs, pain and suffering, and the degree of facility negligence. An experienced attorney can estimate a range based on past outcomes, but remember that every case is unique.
A successful bedsore lawsuit can recover compensation for a range of damages suffered by the victim (and their family). Common categories of compensation include:
Overall, the goal of compensation is to cover both the tangible costs (like medical care or moving to a new facility) and the intangible harm (pain, suffering, loss) caused by the nursing home’s neglect.
Yes. If a resident dies as a result of infected bedsores or related complications, the family can file a wrongful death lawsuit against the nursing home. Advanced pressure ulcers often cause severe infections (like sepsis) that can be deadly.
In such heartbreaking cases, the nursing home may be held liable for the death because proper care likely could have prevented it. A wrongful death bedsore case allows surviving family members to seek compensation for things like funeral expenses, outstanding medical bills, the pain their loved one endured, and the loss of that person’s companionship and support
A wrongful death bedsore lawsuit also holds the facility accountable for the ultimate harm caused by its neglect.
If your loved one passed away from a Stage 4 bedsore or its complications, discussing a wrongful death claim with a nursing home injury attorney like those at Eadie Law is an important first step.
Yes – bedsores caused by poor care are a form of elder abuse/neglect. In elder care settings, “neglect” is a type of abuse where caregivers fail to meet a resident’s basic needs.
Severe bedsores are one of the telltale signs of neglect, since they indicate the person was not moved, cleaned, or tended to properly. Many state laws and federal regulations categorize avoidable pressure ulcers as neglect, and families can pursue legal action for elder abuse on that basis.
Essentially, when a nursing home resident has a severe bedsore due to inattention or substandard care, it falls under the umbrella of elder abuse. This classification also means authorities (like Adult Protective Services or state health departments) take such injuries very seriously.
Nursing home residents are protected by federal and state laws that require facilities to prevent and properly treat bedsores. For example, federal regulations (under 42 CFR §483.25 quality of care guidelines) mandate that a nursing home must ensure residents do not develop pressure ulcers unless the condition was medically unavoidable, and that any existing sores receive proper treatment to promote healing and prevent infection.
In Ohio and other states, nursing home licensure rules also echo these requirements and classify a facility’s failure to prevent or treat bedsores as a violation of care standards.
These laws mean that if a nursing home fails to meet its duty – by letting a preventable bedsore occur or worsen – it can face regulatory penalties and be found negligent in a civil lawsuit. In short, the law is firmly on the side of residents: facilities must take proactive steps to guard against pressure ulcers and can be held accountable if they don’t.
Bedsores are, unfortunately, fairly common among nursing home residents – though exact rates vary. According to the CDC, roughly 2% to 28% of nursing home residents have pressure ulcers at any given time.
This wide range depends on the facility and population (e.g., residents who are bedridden or have certain medical conditions). It’s important to note that many experts believe bedsores are underreported, so the true incidence might be higher.
In any case, even one in fifty residents with a bedsore is too many, considering these wounds are largely preventable. Prevalence of bedsores is often viewed as an indicator of a nursing home’s care quality – a high bedsore rate is a red flag for inadequate care.
Preventing bedsores requires diligent preventative care by the nursing home staff. Key measures include:
By consistently following these practices, nursing homes can virtually eliminate the occurrence of serious bedsores. Remember: bedsores are not an inevitable part of aging or illness – with proper care, they should not happen.
When a resident does develop a bedsore, the nursing home must act swiftly to treat the wound and prevent it from worsening. Proper treatment for bedsores (especially advanced stages) includes cleaning the wound, removing dead tissue (debridement), and keeping the area bandaged and moist to promote healing.
The staff should also use antibiotics if there’s any sign of infection and take measures to relieve all pressure from the affected area (through positioning or special cushions). Good nutrition, hydration, and possibly supplements are needed to help the body heal.
If a bedsore is Stage 4, the facility should involve a wound care specialist or transfer the resident to a hospital for specialized care – sometimes even surgery is required to properly treat large Stage 4 ulcers. Additionally, the nursing home must prevent new sores from forming by improving the overall care plan.
In summary, the facility should be providing aggressive medical treatment for the bedsore and addressing the care deficiencies that led to it.
Filing a lawsuit for a nursing home bedsore typically involves a few important steps (with the help of an attorney). First, you’ll want to consult an experienced nursing home abuse lawyer, who can evaluate the facts and determine if you have a strong case.
Once you decide to move forward, your attorney will help you formally file a legal claim (complaint) against the nursing home. In preparation, they will gather all relevant evidence – medical records, photos, witness statements, etc. – to support your allegations. They may also work with medical experts to review the case.
After filing, the legal process proceeds through steps like investigation (discovery), settlement negotiations, and potentially a trial if no settlement is reached. Importantly, your lawyer will handle the procedural complexities: determining the right court/jurisdiction, whether the case falls under medical malpractice or general negligence, and making sure all deadlines are met. Practically speaking, your first step is simply to reach out for a free case review from a qualified Ohio nursing home neglect attorney – they will guide you through filing and beyond.
In Ohio, the statute of limitations for filing a nursing home neglect or abuse lawsuit (which includes bedsore cases) is generally 1 year from the date of the negligence. If your loved one died from the negligence, there is a 2-year period for bringing that claim (form the date of death), but that does not affect the need to file the pain and suffering claim within 1 year.
There are a couple of caveats: if the case is considered a medical malpractice claim against a healthcare provider, Ohio’s med mal statute might be as short as 1 year (with some exceptions).
Also, if the neglect was discovered later or concealed, the “clock” could start when you reasonably should have known about it.
Because these time limits can be tricky, it’s crucial to consult a nursing home injury attorney like those at Eadie Law promptly. If you miss the deadline, you’ll likely lose the right to sue entirely.
Bottom line – in Ohio you should assume you have one year or less to file, so don’t delay in seeking legal guidance. And, if that time has already passed, still consult an attorney to see if any exceptions have passed, or if they’ll take the case with only the wrongful death claim.
The timeline for a bedsore lawsuit can vary widely, but most cases take several months to a few years to resolve.
If the nursing home (or its insurance) is willing to offer a fair settlement early, a case might settle within 6 to 12 months. However, if the case is complex or the facility fights liability, the lawsuit could extend to 1 year or more, especially if it goes to trial.
Several factors affect the duration: the severity of injuries, the amount of evidence to gather, court schedules, whether expert witnesses are needed, and how willing each side is to negotiate.
Many cases go through a discovery phase (exchange of information) that can last many months. The good news is, a large number of nursing home negligence cases settle before trial, which can shorten the process. Your attorney can give a more specific estimate based on the details of your case, but you should be prepared that it’s not resolved overnight – patience and persistence are often needed to achieve justice.
Yes, the majority of nursing home bedsore lawsuits are settled out of court before reaching a jury verdict.
Nursing homes (and their insurers) often prefer to settle these cases because going to trial can be risky – juries tend to sympathize with injured elders and may award high damages if the facility’s neglect is clear. In fact, nursing homes have a poor public reputation when it comes to neglect, so they are very vulnerable defendants, and about 85% of bedsore negligence lawsuits ultimately favor the plaintiff.
Because of this, facilities usually seek to resolve claims via settlement. It’s common for negotiations to occur once the evidence has been exchanged, and a settlement can happen at any stage (even on the eve of trial). Of course, every case is different: if the nursing home refuses to offer a reasonable sum, a trial might be necessary. But it’s safe to say that most bedsore cases never see a courtroom, concluding instead with a settlement that compensates the victim’s family.
If you suspect nursing home neglect in Ohio (such as a facility allowing Stage 4 bedsores to develop), you should report it to the appropriate state authorities. In Ohio, you have a couple of options:
When reporting, provide as much detail as possible (resident name, facility name, description of bedsore and care concerns, dates, etc.). According to guidance, you can also notify the facility administrator, but be sure to contact an outside agency so the issue is documented independently.
Reporting neglect serves two purposes: it can prompt immediate improvements in your loved one’s care, and it creates an official record of the problem which can support any future legal action. If you’re unsure where to start, an Ohio elder abuse attorney can help direct you to the proper channels.
If your loved one has developed serious bedsores in a nursing home, it’s wise to consult an attorney that focuses on nursing home injuries early, like those here at Eadie Law.
Early on, you might not be thinking about lawsuits – you just want better care – but a lawyer can actually help with more than just suing. A nursing home abuse lawyer will investigate the situation, advise you on your loved one’s rights, and even put pressure on the facility to correct problems.
Nursing home injury lawyers like those at Eadie Law know what evidence to gather (medical records, staffing logs, photos and videos, witness statements, etc.) to determine if neglect occurred.
If you do have grounds for a case, a nursing home injury lawyer can handle the legal process to hold the facility accountable, which can result in compensation and policy changes.
Importantly, most nursing home attorneys offer free consultations, so it costs nothing to learn your options. Given that bedsores are a red flag for neglect, speaking with a lawyer can help protect your loved one’s well-being and secure justice if warranted.
In short, yes – involving a knowledgeable nursing home injury attorney is usually in your family’s best interest.
Yes. Almost all nursing home abuse attorneys work on a contingency fee basis, which means you pay nothing upfront and nothing at all unless we win or settle your case.
In our contingency arrangements, our fee is a percentage of the settlement or award, agreed upon in advance. This system enables families to pursue justice without worrying about hourly legal bills. So even if you have limited finances, you can still hire a qualified bedsore injury lawyer – the cost will come out of the recovery, not your pocket.
Reputable law firms will also cover the case expenses (like filing fees or expert witnesses) during the lawsuit, and those are reimbursed from the settlement as well.
Bottom line: affording a lawyer should not be a barrier. Our consultation is free, and if we believe you have a strong case, will take it on contingency. This allows you to focus on your loved one’s care while the legal team handles the fight for compensation.
Bedsores (also called pressure ulcers) are classified into four stages based on their depth and severity:
There are also terms like “unstageable” (when a wound is covered with dead tissue so you can’t see the depth) and “deep tissue injury” (purple skin intact but underlying damage). But generally, Stage 1 is early and superficial, and Stage 4 is an extremely deep, exposed wound.
Recognizing the stage helps medical staff determine treatment and signals how serious the bedsore is.
Treating a Stage 4 bedsore requires aggressive and comprehensive wound care. Key treatment options focus on:
Treatment often takes a long time – even with proper care, Stage 4 bedsores can take months or years to fully heal.
During recovery, vigilant monitoring is needed to avoid complications like osteomyelitis (bone infection) or sepsis. It’s a challenging process, which is why prevention and early intervention are so important. If a nursing home was responsible for the bedsore, they should also be covering the cost of specialist care required for treatment.
Signing a nursing home arbitration agreement can complicate things, but it does not mean you cannot sue. At worst, it just means the lawsuit will proceed with an arbitrator instead of a judge and jury.
Many nursing home admission contracts include clauses that any disputes (like injury or neglect claims) must be resolved in arbitration instead of court. If you signed such an agreement, you may be obligated to go through arbitration rather than a jury trial. However, you can still pursue the claim and seek compensation – arbitration is simply a different forum.
In arbitration, a neutral arbitrator (like a private judge) hears the evidence and can award damages.
Importantly, some arbitration agreements can be legally challenged and voided, especially if they were signed by a resident who lacked capacity or if the clause is deemed unconscionable. We have successfully voided such contracts in certain cases.
Even if the agreement stands, a skilled attorney can represent you in arbitration and fight for a just outcome.
So, while you might not “sue in court” in the traditional sense, you can still hold the nursing home accountable through the arbitration process. Don’t let an arbitration clause deter you from seeking legal advice – you may have more options than you think.
A bedsore case in a nursing home can fall under the broader category of negligence and, in some instances, may be framed as medical malpractice – the distinction can be subtle and often depends on state law and specifics of the case.
In Ohio, nursing home cases are almost always “medical claims,” not not always. Some Ohio cases have found things like dumping someone to the ground while transporting them in a wheelchair is not a “medical claim,” for example.
In the context of bedsores, many lawsuits are essentially neglect cases – the facility didn’t provide adequate routine care, which is a form of negligence. There usually isn’t a complex medical decision at issue, just a lack of standard preventative care.
That said, we treat serious bedsore cases as medical claims, especially if they involve factors like improper wound treatment or oversight by medical staff.
From the family’s perspective, the key point is that whether it’s labeled “malpractice” or not, the law provides a remedy for substandard care. Nursing home bedsores often involve both corporate negligence (in staffing, training, etc.) and medical negligence by on-site nurses.
An experienced bedsore lawyer like those at Eadie Law will know how to classify and file the case.
Bottom line: a Stage 4 bedsore caused by poor care is a valid legal claim – it could be viewed as professional malpractice by the nursing staff, ordinary negligence by the facility, or both, but either way you can pursue compensation. The terminology shouldn’t stop you from seeking justice.
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Facing the aftermath of nursing home negligence is challenging, but you don’t have to go through it alone. Don’t let the fear of the unknown hold you back – we’re here to fight for you and your loved one.
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