When your loved one is residing in a nursing home facility, you expect them to have a peaceful existence. It’s difficult to have them in a facility, but if you know they are well cared for, then it can ease the tension and stress.
However, if the place you trusted didn’t take adequate care of your loved one and failed to provide the service they promised, it can be heartbreaking and frustrating. If your loved one doesn’t get adequate care while in a nursing home facility, you do have a legal remedy.
Poor care can take on different forms. One result of nursing home maltreatment is bedsores. When your loved one is suffering from this type of issue, you can seek the help of a bedsores lawyer at Pintas & Mullins Law Firm. They will go over your legal options.
At Pintas & Mullins Law Firm, we will provide your loved one with professional and superior service. Our law firm works to ensure you get highly specialized service. Furthermore, we’ll get you set up on a contingency fee schedule, allowing you to pay later when we collect in the case.
Get in touch with a San Diego bedsores lawyer and receive a free case consultation. Just call (800) 842-6336 to get started today.
How Bedsores Happen
You may wonder how bedsores can even occur. This is a good question because they only happen in certain situations, so it’s important to know how and when they may happen.
Bedsores happen when the blood supply gets cut off to the skin for several hours—usually about two or three hours, according to Johns Hopkins. This causes the skin to die, and it leaves a sore behind. As the painful red sore is left untreated, it turns purple and can eventually break open and get infected. An infection can be quite serious.
Bedsores can happen just about anywhere on the body because circulation can get cut off anywhere. Some areas are more common than others, such as the feet, shoulders, back of the head, tailbone or hips, and knees.
The people who are more prone to getting bedsores are those who are not able to move around frequently. If they are confined to a bed on a regular basis, then they have a higher risk of developing them. To avoid bedsores in these cases, people must be moved around regularly to ensure the blood circulation is ongoing.
A person in a nursing home facility who is confined to a bed would be relying on another person to help them with that movement. If they don’t have someone taking care of this for them, then bedsores can develop easily.
If your loved one is immobile or has reduced mobility, then they must rely on the nursing home staff to move them around regularly. If your loved one developed bedsores, then your San Diego bedsores lawyer will guide you through the process of obtaining financial compensation.
Building a Case for Personal Injury
Your lawyer will build the evidence in the case for your loved one. They’ll do so by following the prior precedent and protocol in personal injury cases.
These situations call for evidence that the nursing home facility breached its duty of care to your loved one. Every nursing home facility has a duty of care (or responsibility) to the residents.
With this duty comes the responsibility that they keep residents safe and cared for. Your attorney will show that neglect or malice resulted in your loved one’s injuries.
The evidence will also directly link to the injuries incurred, thereby showing a direct cause and effect.
For a free legal consultation with a San Diego Bedsores Lawyer serving San Diego, call (800) 794-0444
Legal Ramifications in California
You may wonder whether a person with bedsores is eligible for an abuse or neglect case within the personal injury guidelines. California Code of Civil Procedure (CCP) §335.1 states that you can file a personal injury case for an “action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” This indicates that if a nursing home action leads to any injury, then the nursing home can be held responsible for personal damage.
When someone develops bedsores, it’s a serious problem that causes pain and could become worse. If it breaks open and becomes infected and spreads, it could make your loved one very ill. These are all reasons why personal injury claims are relevant in this type of suit.
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Statute of Limitations
When filing a personal injury suit in a bedsores case, you have to be sure to do so in a timely manner. Every state has a set timeframe by which you must file. According to the California Code of Civil Procedure section 335.1, you have up to two years of the time of injury to file a claim.
If you’re not sure when your loved one got bedsores, you can consult with a bedsores lawyer because, in some instances, this timeframe can be extended.
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Recovering Damages from Bedsores
Your loved one is sure to have many recoverable damages, some of which may include:
- Medical expenses to care for the bedsores or to correct any infection that resulted
- Additional costs for extra care or visitations
- Emotional pain and suffering
- Long term effects
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Work with a San Diego Bedsores Lawyer
Reach out to Pintas & Mullins Law Firm for more information about how to get started on your claim. We will provide you with a free case consultation.
Don’t worry about paying any fees until we collect on your behalf. We’ll be sure to negotiate a settlement you are happy with. Call us to see how a bedsores lawyer can help today at (800) 842-6336.