Up to 28 percent of nursing home residents have bedsores, or pressure ulcers, at any given time, according to the National Center for Health Statistics. Bedsores happen when there is unrelieved pressure on the skin, which can progress from persistent redness of the skin to the loss of full thickness of skin, exposing muscle or bone.
Seeking nursing home placement for your loved one is not an easy decision. It can be heartbreaking to find that your loved one is not receiving the care promised.
Bedsores can be a sign of nursing home abuse or neglect, and you may want legal representation to help you defend your loved one’s rights. The team at Pintas & Mullins Law Firm wants to help. Call today to receive a free case evaluation and learn what your legal options might be.
About Bedsores in Nursing Homes
Although seeing your loved one is experiencing bedsores can feel jarring, they may not reveal the full extent of the pain your loved one is experiencing.
Your loved one is at increased risk for bedsores if they experience any of the following conditions, according to the Mayo Clinic:
- Immobility: Immobility can happen as a result of an injury, physical or chemical restraints, or chronic diseases that affect the physical movement of the body.
- Incontinence: Excessive exposure to urine and stool makes skin more irritable and prone to wounds.
- Lack of sensory perception: Multiple conditions can cause a lack of sensory perception, especially for older people with cognitive diseases.
- Poor nutrition and hydration: When your loved one does not ingest enough vitamins, nutrients, and water, the skin’s natural regenerative systems do not function at full capacity.
- Medical conditions affecting blood flow: Chronic issues can disturb the flow of new, healthy cells to affected areas of the skin impacted by constant pressure.
This list is not exhaustive for all factors that could contribute to an increased risk of bedsores.
Severity of Bedsores in Nursing Home Residents
Bedsores are graded in stages, with stage 1 being the least severe, and stage 4 being the most severe. Generally, the more severe the bedsores are, the longer they take to heal—expect it to take months, or even years, for the most severe bedsores to heal.
Additionally, worsening bedsores can lead to other complications, which can be fatal. Cellulitis, bone and joint infections, skin cancer, and sepsis are some of the complications that can result from untreated bedsores.
Bedsores Could Mean Something More
While bedsores are not uncommon for nursing home residents, they are preventable. Repeated cases of bedsores are definitely a cause for concern, as they could be indicative of long-term elder abuse.
It is important to understand if your loved one’s bedsores are typical for an individual in their condition, or if they signify a more substantial case of abuse. Either way, the first step to doing your best to ensure your loved one’s rights are protected is being proactively involved in their long-term care.
A New York City bedsores lawyer can advise you on the best approaches to ensuring that your loved one’s rights are protected. You may benefit from speaking to the team at Pintas & Mullins Law Firm and receiving a free case evaluation.
Legal Options for New York Nursing Home Abuse
Currently, New York City nursing homes abide by state and federal laws. Federally funded nursing homes in New York City follow the 1987 Nursing Home Reform Act. While this is a step toward fair treatment for older adults in nursing homes, it provides a bare minimum for non-negligent treatment by not specifying a required staff-to-patient ratio.
However, New York laws can help you build a more robust case for fair treatment of your loved one. N.Y. U.C.C. Law § 2801-D outlines a more straightforward description of what legal action may be taken against abusive and neglectful nursing homes. This goes beyond the 1987 Nursing Home Reform Act by placing on nursing home staff a legal obligation of care and protection of your loved one’s rights through the state, in the form of compensatory and punitive damages.
Drawing on foundations outlined in federal and New York state laws, Pintas & Mullins Law Firm can help build a case to get you and your family the compensation you deserve. Our top priority is helping your loved one maintain dignity in these tough circumstances.
Statute of Limitations for Nursing Home Abuse and Neglect
When you think you have a legal case, the first thing you might consider doing is to call a New York City bedsores lawyer. They can help you from the start, so building your case is a simple, streamlined process. You will not want to wait long, because the statute of limitations for your unique case could expire:
- Personal injury: File a personal injury case in New York within three years from the date of the incident of bedsores.
- Breach of contract: The statute of limitations for a case of breach of contract (oral or written) in New York is six years.
- Medical malpractice: You have two years and six months from the last date of continuous treatment to file a medical malpractice case against a licensed medical professional.
Remember that this is not an exhaustive list of the type of claim you might be able to file in a case of nursing home abuse or neglect. A New York City bedsores lawyer can advise which options are your best so that you may be able to get compensated and back to a life without needless worries.
For a free legal consultation with an bedsores lawyer serving New York City, call (800) 794-0444
Nursing Home Legal Representation Only a Phone Call Away
Do not carry the burden of filing a legal claim for your loved one’s nursing home abuse case alone. Contacting Pintas & Mullins Law Firm may simplify the process—you can still be as hands-on as you would like.
Keep negligence out of nursing homes. Call us today to receive a free case evaluation from a member of our team.