Filing a Bedsore Lawsuit: Everything You Need to Know

Pressure ulcers, sometimes known as decubitus ulcers or bedsores, affect over 2.5 million Americans each year. Sadly, this condition is one of the key indicators of neglect in hospitals, nursing homes, and assisted living facilities. If this is the case, victims and their families have legal recourse to seek compensation by filing a bedsore lawsuit.

Let’s explore what a bedsore is, how it relates to medical negligence, and when to file a lawsuit.

Defining Bedsores

Bedsores are localized injuries to the skin and underlying tissue that are caused by prolonged pressure. They form most often on bony areas of the body — ankles, hips, tailbone, etc. in people that have mobility issues or that spend much of their time in a bed or chair.

Stages of bedsores (generally):

Stage 1: Skin will appear red/mildly bruised and feels warm to the touch. The area may be swollen and the patient may experience pain, itching or burning.
Stage 2: Partial skin loss as the skin breaks open and an ulcer forms. Pain becomes more severe and the risk of infection increases.
Stage 3: The sore now extends deeper into the skin and into the fatty tissue. It can appear yellowish-black in color as dead tissue forms, making the healing process more difficult.
Stage 4: Sores typically become bone-deep and necrosis has set in. Infections are extremely likely and surgery or other advanced care methods are necessary.

As with most medical conditions, the sooner a bedsore is noticed and treated, the better the outcome is likely to be. Many people don’t realize just how bad bedsores can get — they can lead to severe medical complications and require expensive treatment. On top of this, they are a clear indicator that hospitals/nursing homes aren’t giving their patients the attention that they need.

Bedsores Are “Never Events”

Bedsores/pressure injuries don’t just happen on their own; they are entirely preventable with proper care. In fact, Medicare classifies bedsores as “never events,” which are serious, avoidable medical conditions that should never occur in a healthcare setting. Other examples of “never events” include leaving surgical instruments inside of a patient post-surgery, mismatched blood transfusions, performing the wrong procedure on the wrong patient, etc. You get the picture — all nightmare scenarios for which there is no excuse.

Because of this, Medicare and most insurance companies will not even reimburse hospitals or nursing homes for the care related to bedsores. Why? Because their very presence is considered a failure to comply with the standard of care on the part of the hospital or nursing home.

When a patient is admitted to a hospital or nursing home, he depends on skilled healthcare professionals to monitor his condition and intervene before problems develop. Even if a person was previously able to turn or reposition himself, it is negligent and unreasonable to expect the same when they are recovering from surgery, are under heavy medication, or dealing with pain, weakness, fatigue, nausea, and confusion. That’s why the responsibility of prevention falls squarely on the staff, not the patient.

Key Indicators of Negligent Care

Failure to Reposition: Patients with limited mobility must be turned at least every two hours to prevent pressure on the skin. A bedsore means this basic standard of care was ignored.
Unclean Environment: Dirty bedding, clothing, or body odor can indicate that the patient isn’t being properly bathed or monitored, especially if they can’t care for themselves.
Malnutrition and Dehydration: These weaken the skin and immune system, making bedsores worse. Facilities are responsible for ensuring patients eat, drink, and take their medications.
Understaffing: Overworked or inattentive staff are a major cause of neglect. If caregivers seem rushed, irritable, or dismissive, the facility may not have enough staff to meet patient needs.
History of Complaints: Research the facility. Prior citations, state health department reports, or consistent negative reviews from families can expose ongoing issues.
Behavioral Red Flags: If your loved one complains about being ignored, expresses fear of certain staff members, or shows sudden mood changes, don’t dismiss it. These could be signs of mistreatment, even if they can’t articulate exactly what’s happening.

Compensation for Bedsores Lawsuits

Compensation in a personal injury lawsuit varies on a case-by-case basis. However, there are a few key factors that determine how much the injured party should recover. These include:

Pain and suffering/loss of normal life: Compensation for pain and suffering and loss of normal life depends on how severely the patient’s life has been impacted — do they now have a chronic disability, are unable to take care of themselves or participate in hobbies, suffer from PTSD, or can no longer enjoy aspects of their lives.
Wrongful death: In extreme cases, such as if the patient dies of sepsis or other infection as a result of their bedsores, the family is entitled to file a wrongful death lawsuit and damages will be calculated accordingly.
Medical bills: If the injured party has medical bills as a result of their injury, they can recoup those losses. After all, if the injury had never happened, they wouldn’t have needed further treatment.