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Can you hold a nursing home accountable for causing bedsores?

On Behalf of | Jan 28, 2025 | Medical Malpractice

Bedsores, also known as pressure ulcers, can cause severe harm to nursing home residents. These painful injuries often result from negligence and inadequate care. When a nursing home fails to prevent bedsores, legal actions can hold them accountable for their negligence and ensure justice for the affected residents.

Understanding the duty of care in nursing homes

Nursing homes have a legal obligation to provide proper care and maintain a safe environment for their residents. This duty includes monitoring mobility, regularly repositioning immobile residents, and ensuring proper hygiene to prevent the development of bedsores. Failing to meet these standards can constitute negligence and provide grounds for legal action.

Filing a negligence claim

When a nursing home’s actions or lack of actions directly cause bedsores, those who have been harmed or their families can file a negligence claim. Evidence such as medical records, photographs of the injuries, and witness statements strengthens the case. A successful claim can result in compensation for medical expenses, pain, and suffering caused by the facility’s neglect.

Pursuing medical malpractice claims

In some cases, a medical malpractice claim may be appropriate. These claims focus on the improper or substandard care provided by medical professionals within the facility. To succeed, the claimant must prove that the medical staff’s care fell below the accepted standard and directly caused harm.

Exploring punitive damages

Courts may award punitive damages in cases of egregious neglect or willful misconduct. These damages aim to punish the nursing home and deter similar behavior in the future. Evidence of systemic neglect or repeated violations can support claims for punitive damages.

Taking legal action against nursing homes not only seeks justice for the individual resident but also helps promote better care standards across the industry. Families should consult an experienced attorney to understand their options and ensure their loved ones receive the care and respect they deserve.

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