Understanding Bedsores and Their Causes
Bedsores form when prolonged pressure restricts blood flow to the skin, typically over bony areas like the heels, hips, or tailbone. Immobile patients in care settings are especially vulnerable, as constant contact with beds or chairs cuts off oxygen to tissues, causing cell death. Risk factors include poor nutrition, incontinence, diabetes, and limited mobility, but most bedsores are preventable with proper protocols.[1]
In facilities, negligence often stems from understaffing or inadequate training, where caregivers fail to turn patients every two hours or monitor skin for early redness. Hospitals and nursing homes must follow federal guidelines under the Nursing Home Reform Act, which requires proactive prevention plans for at-risk residents. When these duties are ignored, a simple oversight escalates into a stage 4 ulcer exposing muscle and bone, as seen in many claims.[2] Unlike unavoidable wounds in terminal cases, litigation focuses on clear lapses in routine care.
Stages of Bedsores and Associated Risks
Bedsores progress through four stages, each demanding escalating intervention. Stage 1 involves persistent redness that doesn’t blanch under pressure, treatable with relief from the affected area. Stage 2 reveals shallow open wounds or blisters, requiring cleaning and dressings to avoid infection.[3] By stage 3, tissue loss reaches the fat layer, forming craters that risk bacterial entry, while stage 4 penetrates muscle or bone, often leading to osteomyelitis or sepsis.
Unstageable ulcers hide under dead tissue, complicating assessment, and suspected deep tissue injuries lurk beneath intact skin. Complications include cellulitis, where bacteria spread causing fever and swelling, or gangrene necessitating amputation. In severe cases, systemic infection triggers organ failure, with mortality rates up to 60% for stage 4 sores in elderly patients. Early detection via Braden Scale assessments is standard, yet neglect allows progression, forming the basis for most claims.
Reported Injuries from Neglected Bedsores
Patients enduring bedsores face immediate pain and long-term disability, with wounds exposing raw nerves and inviting chronic inflammation. Infections like MRSA turn localized sores into life-threatening bacteremia, requiring IV antibiotics and debridement surgery. Deep ulcers erode supporting structures, leading to mobility loss or contractures that confine patients to beds, worsening the cycle.[1]
Emotional tolls include isolation from embarrassment or depression, while family members witness unnecessary suffering. In fatal outcomes, sepsis from untreated sores accounts for thousands of nursing home deaths yearly, per CDC data. Litigation often uncovers systemic issues like understaffing, as in a 2023 Florida verdict where a stage 4 sacral ulcer contributed to a resident’s passing, yielding $2.3 million.[4] These cases highlight how neglect compounds existing vulnerabilities into irreversible harm.
Symptoms of Bedsore Development and Complications
Early symptoms include non-blanching redness or warmth over pressure points, progressing to blisters or open sores with foul odor signaling infection. Advanced signs feature fever, chills, or pus drainage, indicating sepsis, alongside blackened tissue from necrosis. Patients may report sharp pain or numbness, though cognitive impairment in elders delays self-reporting.[2]
Systemic effects like rapid heartbeat or confusion demand immediate care, as untreated ulcers burrow deeper, exposing bone and risking osteomyelitis. For guidance, the National Pressure Injury Advisory Panel at npiap.com outlines staging and prevention, stressing multidisciplinary intervention to halt progression.
Legal Basis for Bedsore Claims
Bedsore lawsuits typically proceed under negligence theory, proving facilities breached their duty of care by failing to prevent or treat ulcers foreseeably. Federal regulations like 42 CFR § 483.25 require comprehensive assessments and interventions, violations serving as evidence of substandard practice. Medical malpractice claims against individual providers demand expert testimony showing deviation from accepted standards, such as omitting Braden scores or wound documentation.[3]
Wrongful death suits arise when sores lead to fatal sepsis, recoverable damages including funeral costs and loss of companionship. Statutes of limitations vary by state (1-3 years from discovery), often tolled for incapacity. Precedents like a $12.8 million verdict for untreated ulcers causing death underscore high stakes, while settlements average $300,000-$1 million for severe cases.[5] Punitive awards punish egregious neglect, as in understaffed facilities ignoring care plans.
Do I Have a Bedsore Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in bedsore lawsuits. We are handling individual litigation nationwide and currently accepting new decubitus ulcer cases in all 50 states.
To qualify, you generally need medical records showing the sore developed during care, proof of negligence like missed repositioning logs, and documentation of harms. Even non-fatal cases with ongoing treatment costs may support claims for economic loss.
Navigating Bedsore Claims and Prevention
Report suspicions immediately to facility administrators and the state ombudsman, requesting wound care consults and family involvement in care plans. Preserve evidence by photographing sores, noting staff interactions, and obtaining independent assessments. Facilities must comply with CMS guidelines for reporting, but proactive litigation preserves rights amid arbitration clauses in admissions.[1]
Prevention involves air mattresses, barrier creams, and nutrition, yet understaffing persists as a barrier. Families can advocate via Medicare star ratings or advocacy groups.
Free Bedsore Class Action Lawsuit Evaluation
Our lawyers would like to speak to anyone who developed a decubitus ulcer (aka bedsore, pressure sore or pressure ulcer) in a hospital or a nursing home or while under the care of a physician or nurse or nursing facility. Including injuries from the bedsore and including deaths caused by the bedsore. If you or a loved one has suffered from bedsores due to neglect, contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.
References
- https://aswtlawyers.com/personal-injury-lawyer/nursing-home-abuse/bed-sores/
- https://www.shapirolegalgroup.com/california-bedsore-attorney.html
- https://pandpfirm.com/case-review/
- https://www.floringray.com/nursing-home-loses-2-3m-in-wrongful-death-lawsuit-caused-by-bed-sore/
- https://www.nursinghomelawcenter.org/case-value/bedsore-settlements-verdicts/