Can I Sue a Nursing Home for Bedsores?

Suing a nursing home may depend on the specific matter and surrounding circumstances of bedsores such as possible negligent behavior by staff or management in the facility. Negligence in caring for the elderly within the property could lead to a lawsuit to sue for damages to compensate any additional medical care for the older person harmed by the lack of care.

One of the primary reasons a nursing home resident would experience bedsores is due to negligence. This is usually typical in staff members that either do not pay attention to the certain person, target him or her specifically or are negligent to all residents. If the negligence is only temporary, the bedsore issue may disappear before a claim is even possible. However, if the resident experiences bedsores at all, it is generally due to a greater negligent issue. This places a particularly negative impact on the person when he or she becomes the target of neglect or abuse.

The Fault of the Resident

A person living in a nursing home facility is usually unable to cause issues such as bedsores, pressure sores and various bruising to his or her own body. The fault is almost never due to the actions of the patient in regard to bedsores. These occur because the person stays in the same position for far longer than is appropriate. Without the appropriate care given, the individual may not have any option than remaining in the same spot until the body exhibits a physical manifestation of the negligence. A nursing home is held to higher standards in caring for the elderly, and suing the facility is possible if the staff is negligent to residents.

Pursuing a Case against the Nursing Home

When the family or loved ones of the injured party have reason to believe the nursing home is the reason for the bedsores, it is important to gather as much evidence as possible. This may include taking the person to a doctor to confirm the matter. Another professional may need to explain what happened and how the bedsores implicate the facility as at least partially at fault for negligence or personal attacks at the person in care at the nursing home. With legal assistance, the family or loved ones may bring a case forth to compensate for the injury or negligence and remove the resident from the harmful facility.

The lawyer may have the family or guardians seek to gather as much evidence either at the facility or through the elder person living at the nursing home. Researching into hiring methods, staff and practices the home employs may also bring other matters to light such as a widespread negligence issue at the nursing home or if only specific individuals become targets of such violence or negligent behavior. With sufficient proof, the family may bring the matter before the courts and sue the facility for negligence so that the resident may recover fully and reside elsewhere.

The Evidence and Expert Opinion

When a loved one discovers that an elder resident of a nursing home has bedsores, he or she cannot jump to various conclusions. He or she must remain calm and try to get as many answers from the loved one as possible. The family or other person involved should take the older individual to a doctor and discover if the bedsores are from neglect, restricted movement or some form of reaction to the bedding or other materials in which the elderly at the facility comes into contact. Answers with an expert may provide the means to either sue the nursing home, remove the problem or provide medication to alleviate symptoms. 

While the initial expert may not become part of the case against the nursing home, it may provide the family or other loved one with the means to initiate a lawsuit through a lawyer. A free consultation with as much evidence gathered as possible may reveal to the person if there is a valid case. Based on the expert opinion of a medical professional, the loved one of the elder person may seek legal advice and, if necessary, sue the nursing home for the injuries or neglect.

Nursing Home Suits with Legal Help

Instances of neglect are sometimes difficult to prove in the courts. However, with evidence, a lawyer and medical expert opinion used as pieces of proof of the neglect, it is possible to pursue a valid claim against the nursing home for neglectful activity.