FAQs About Nursing Home Bed Sores Lawsuits
Bed sores are very painful injuries and they can result in serious complications such as infections. They are also a sign that nursing home staff members have been neglectful and failed to properly take care of their residents. Nursing home residents, or their family on their behalf, can file a claim against negligent long-term facilities to recover damages for the harm they have suffered as a result. These claims are very complex, though, and it is natural to have many questions. Below, our Tampa bed sores attorneys answer some of the questions we most commonly hear.
When Can You File a Bed Sore Lawsuit?
Anyone who develops bedsores, or has a loved one who has, should speak to an attorney about filing a lawsuit. You may have a case if you can prove the following elements of negligence:
- The facility had a duty of care to prevent bed sores or treat them early.
- The nursing home breached that duty.
- The nursing home resident developed bed sores as a result of the breach of duty.
- The resident suffered harm, such as medical expenses, due to the breach of duty.
Are Bed Sores Always a Sign of Neglect?
While bed sores are often a sign of neglect, they are not limited to that. For example, certain medical conditions such as diabetes, can also result in bed sores. However, if a nursing home failed to provide early treatment and take other measures to prevent bed sores from becoming worse, this can indicate nursing home negligence. There are other signs that neglect caused or contributed to bed sores, including:
- Medication errors
- Improper communication among staff members
- Soiled linens
- Unclean residents
- Delayed assistance after a resident calls for help
- Unmaintained equipment or facilities
How Much are Bed Sore Lawsuits Worth?
The value of bed sore lawsuits significantly vary from case to case. Bed sores cases that involve Stage 4 ulcers or wrongful death, a case may be worth $1,000,000. The value of a bed sore lawsuit is determined by the harm suffered by the resident. The damages residents can recover in bed sore lawsuits include:
- Medical expenses for current and future care
- Emotional distress caused by bed sores and the required treatment
- Physical pain of the injury
- Diminished quality of life
How Much Time to File a Bed Sores Lawsuit?
As in other types of personal injury cases, you have two years to file a bed sores lawsuit. Known as the statute of limitations, this time limit begins on the date you discovered the bed sores due to negligence, or the date of wrongful death due to bed sores. If you fail to file your claim within this time, the resident will likely forfeit the damages they otherwise deserve.
Our Bed Sores Attorneys in Tampa Can Answer Your Questions
When filing a bed sores lawsuit, you will have many questions. At Kohn Law, our Tampa bed sores attorneys can answer them so you can make informed decisions and obtain the best outcome possible. Call us today at 813-428-8504 or contact us online to schedule a consultation and to get the legal help you need.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.htm
