Fort Myers Assisted Living Bed Sores Attorney
When bed sores cause serious injuries, a Fort Myers assisted living bed sore attorney fight for compensation in court.
The U.S. Census Bureau estimates that, by 2034, more Americans will be over 65 than under 18. The elderly population has been increasing steadily since 1900. As people get older and need attentive care that family members cannot provide, assisted living centers become attractive options. This attentive care often involves high medication levels. Such necessary medical interventions, when combined with a pre-existing physical condition, could cause health and safety issues, especially at night.
Pressure ulcers are a good example. Generally, if people turn themselves over in bed every few hours, bed sores are not an issue. However, extended pressure on certain parts of the body, especially bony areas of the body, could cause a pressure ulcer in as little as two hours. So, residents who cannot turn themselves over in bed, for whatever reason, depend entirely on nursing home staff in this area. Unfortunately, the required level of assistance is often unavailable.
In contrast, the diligent Fort Myers assisted living bed sores attorneys at Kohn Law are always there. We don’t just stand up for clients in court. We also stand with them during a very difficult period in their lives. During the litigation process, if you have a question or concern, we promptly respond. The solid legal advice we give helps you make the best possible decisions for yourself and your family.
First Party Liability
Failure to turn residents over in bed and failure to identify an early-stage bed sore are two of the most common causes of serious bed sore injuries. Both these causes are negligence, which means financial compensation is available in court.
Assisted living residents often depend entirely on staffers in this area. Quite bluntly, staffers often drop the ball. Rotating a semi-conscious person in a bed is a physically demanding task. The employees who perform rounds must be up to this task. Or, the nursing home owner must assign a sufficient number of employees to turn residents over in bed.
Failure to properly identify bed sores is another issue. Stage one and stage two pressure ulcers aren’t particularly serious. They often heal on their own, or after very limited medical intervention. However, it’s difficult to see early stage bed sores in the dark. That’s especially true if, as is frequently the case, the employee is a patient care technician or someone without much medical training. Early stage bed sores quickly inflame and become late-stage bed sores. These injuries are usually life threatening.
Third Party Liability
If an employee is negligent during the course and scope of employment, the employer could be financially responsible for damages, under the respondeat superior rule. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Florida law defines all key respondeat superior terms in broad, victim-friendly ways. For example, workers who are independent contractors for tax law purposes are generally employees for negligence law purposes.
Vicarious liability theories are important to Fort Myers assisted living bed sore attorneys because these theories give seriously injured victims an additional source of compensation. Vicarious liability actions also help protect other residents. After such actions, assisted living centers usually change the way they do business and place a higher priority on health and safety.
Contact an Experienced Lee County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced assisted living bed sore attorney in Fort Myers, contact Kohn Law. We do not charge upfront legal fees in these matters.