The elderly residents of nursing homes, care homes, and assisted living facilities experience neglect and abuse quite frequently, according to the National Center on Elder Abuse (NCOA). One study showed that 95% of residents said they experienced neglect or saw another resident neglected, and 44% of residents claimed abuse. A common form of mistreatment in nursing homes is the lack of preventing or caring for bedsores.
If your loved one suffers or suffered from bedsores in a nursing home or other care facility due to mistreatment, you could be legally entitled to compensation. The Kansas City bedsores lawyer at Pintas & Mullins Law Firm may be able to help you with your case. Call our team at (800) 842-6336 for a free consultation. Your loved one deserves the best care, and our legal team could help.
Bedsores and Nursing Homes
Bedsores are also called pressure ulcers, pressure sores, pressure injuries, and decubitus ulcers. These sores are skin lesions or areas of damaged skin that are the result of a lack of movement after a person spends extensive time lying in a bed or sitting in a wheelchair.
Staying in the same position increases pressure on certain areas of the body and reduces blood flow, which causes bedsores to form. Friction can also cause bedsores, such as when the skin repeatedly rubs against clothes, sheets, or other materials. MedlinePlus explains that bedsores most commonly occur where the bones are closest to the skin, such as the shoulders, spine, hips, elbows, ankles, and heels.
Since many residents of nursing homes are bedridden, in wheelchairs, or lack the strength to move very much, they are at particular risk for developing bedsores, especially if they do not receive the proper care. A press release from the Centers for Medicare & Medicaid Services states that reducing bedsores in nursing homes is a priority and that a “diligent and sustained focus” in doing so is remarkably effective.
Nursing home care staff can prevent bedsores by keeping their residents’ skin clean and dry, frequently changing their position in bed, and using pillows and other products to help relieve pressure on the skin. The American Cancer Society recommends for people in bed to change their position at least every two hours and for people in wheelchairs to shift their weight every 15 minutes.
If bedsores go untreated, they can cause a number of serious complications, such as infections, sepsis, cancer, cellulitis, and even death. If your loved one is suffering from bedsores or died because of a failure to care for bedsores, you may have a legal claim for compensation from the facility and/or their caretakers.
Liability for Bedsores in Nursing Homes
Federal regulations require certain standards of care to be met in caring for patients in nursing homes. The owners, staff, and other involved parties in these facilities have a responsibility to take reasonable measures to care for their residents, including preventing and treating bedsores. If your spouse, parent, or other loved one’s caretakers in a facility in Kansas City, Missouri, failed to care for your loved one properly, they could be legally responsible and owe you or your loved one compensation.
You may be able to pursue a lawsuit for personal injury, medical malpractice, neglect, abuse, or wrongful death, depending on the circumstances of your loved one’s care. The National Consumer Voice for Quality Long-Term Care explains that while neglect is the failure to provide the standard of care, abuse is an intentional infliction of harm. The facility, staff, doctors, or other parties can be liable regardless of whether your loved one’s bedsores and suffering were unintentional or purposeful.
An article in the scholarly journal Aging Health states that skin and soft tissue infections, such as bedsores, are one of the most prevalent infections in nursing homes, and according to the Centers for Disease Control and Prevention (CDC), about 11% of residents of nursing homes in the United States suffer from bedsores. If you believe that your loved one did not receive the level of care that they deserved in a nursing home because of bedsores, you can turn to the Kansas City bedsores lawyer at Pintas & Mullins Law Firm for help.
It is best to consult with an attorney as soon as possible because lawsuits regarding elder abuse and neglect are subject to a statute of limitations, which is a time limit on your right to pursue legal action. According to Revised Statutes of Missouri (RSMo) §516.120, you have five years to pursue most types of cases, and the statute of limitations for a wrongful death case is three years, according to RSMo §537.100.
For a free legal consultation with a Bedsores Lawyer serving Kansas, call (800) 794-0444
Recoverable Damages
If your loved one was treated unfairly in a nursing home, you have the legal right to pursue financial compensation. Moreover, you should pursue financial compensation, or damages, to hold the care facility or staff accountable for their actions as well as to make sure you do not have to suffer any further from a financial burden. A lawsuit could also deter the defendant from inflicting more abuse or neglect in the future.
You may be able to recover both economic and non-economic damages for your loved one’s bedsores, such as medical expenses, pain and suffering, and loss of companionship. If you can prove the mistreatment was purposeful, you could also be able to seek punitive damages.
Kansas Bedsores Lawyer Near Me (800) 794-0444
Contact Pintas & Mullins Law Firm for Help
At Pintas & Mullins Law Firm, we believe every patient or resident in a nursing home or assisted living facility deserves excellent care, and we want to help you make sure that your loved one receives it. Our Kansas City bedsores lawyer may be able to help you seek justice for your loved one who suffers or suffered from this skin condition.
Our team can conduct an investigation to gather evidence of neglect or abuse and manage all aspects of the case for you. We can negotiate with insurance companies as well as represent your interests in court. Since we work on contingency, we will never charge you any fees upfront, and we never get paid unless you receive a financial award. Call us at (800) 842-6336 to get started with a free, no-obligation consultation.
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