Article Updated: September 15, 2021
Bed Sore Claims
Roughly two-thirds of my nursing home clients have a bed sore claim.
Having reviewed 100+ bed sore claims, I can say with confidence that bedsores are almost always the result of neglect.
To emphasize, I said “almost always.” I have to dig into the medical records to answer if bedsores is neglect for a specific case.
If you’d like my help obtaining, reading and interpreting you or loved ones medical records to evaluate bed sore claims that you have, send me an email or submit the contact form below.
Or, just keep reading to learn more about bed sore claims and neglect.
Clickable Table of Contents
Bed Sore Claims’ Topics
Bed Sore Claims & Neglect
10 – About the Author
What is a Bed Sore Claim
Bedsores are serious medical conditions that can cause infection, pain and even death in serious cases. The way that most people get bedsores ties into why bedsores are proof of neglect.
Bed sore claims are tied to issues of causation, which include neglect on the part of medical providers who fail to follow proper procedures when giving care to those who are bedridden.
Bedsores themselves can develop from things such as poor nutrition, poor post-operative care, and failure to move an individual who is bedridden enough throughout the day.
Failure to move a patient regularly will cause that patient to develop bedsores, or pressure sores, on the parts of the body that are pressed against the bed or chair for extended period of time, deteriorating the skin and leaving open wounds that are painful and dangerous.
In short, and said simply a bedsore claim attempts to recover a financial reimbursement for the bedsore that developed due to some form of medical malpractice.
Bed Sore Claims & Nutrition
Yes, a bedsore is neglect in many cases, but there are also demographic and personal health variables that can increase the chances of bedsores forming.
Nutrition Can Cause Bedsores
Nutrition is a vital factor and an important one to understand within the context of bedsore claims because factors like being overweight or having a poor diet can make a person more susceptible to bedsores.
Once bed sores have developed, nutrition will become incredibly important in how fast you heal from them. Your body needs specific nutrients to heal, and if you’re not being provided those nutrients that is a form of medical malpractice.
Prior Health Affects Your Bedsore Claims
Your existing health will affect your bedsore claims because weight loss and gain, poor diet, and obesity are all things that increase bedsores.
How does this affect your bedsore claim?
When there are factors like this at play, there is a higher chance that it will be used to deny a claim against you by arguing it was not poor care, but your own inevitable health issues that caused your bedsores.
This is no reason for your bedsore claim to be denied outright. You should know that there are many ways that you can maximize and counter attempts like this to deny your bedsore claim.
Proving Bed Sore Claims
Proving a bedsore claim case can be hard. It will come down to physical evidence and documenting all of the neglect that was shown in your situation.
Get Evidence of The Bedsore
One of the first things you need to prove is the extent of the bedsore itself.
To do this you need to take photos of the bedsore.
Pictures of the bedsores will be one of the biggest parts of your claim because a picture is worth a thousand words and if I can show the jury what was done to you, you will get more complete justice.
What Stage Is Your Bedsore?
Bedsores come in stage I, II, III and IV and anything past stage I can be serious and shows that neglect has taken place.
In addition to the pictures and physical observations of bedsores and the stage the bedsore is, you can also use the care received as a part of your bed sore claim.
Neglect In Treatment
While in medical care, an individual who is bedridden or cannot move around on their own in a normal manner needs to be moved every 2 hours.
When this is not done, the chances of a bedsore forming is substantial.
There are rules in care that dictate that a person needs to be moved to prevent a bedsore.
When this does not happen neglect has taken place and this can help prove and increase the strength of your bedsore claims.
Recoverable Damages for Bed Sore Claims
If you have suffered a bedsore, or someone you love has, you are eligible to recover a bedsore claim that compensates for your pain, suffering, medical bills and more.
A bedsore is not a small or insignificant thing. These wounds are serious and can be emotionally and physically damaging.
Physical & Emotional Pain & Suffering
A bedsore has a strong odor that is the actual smell of your own flesh rotting. Smelling yourself die is a high level of suffering and emotional trauma to deal with.
You can get monetary compensation for that suffering.
The damage is not only emotional, there are also physical pains that you will suffer during the development of and the recovery process of a bedsore.
This pain is intense and can become consuming and distract you from taking part in even small tasks.
Long-Term Bedsore Treatment
The treatment process for managing bedsoers is long and arduous and will involve long-term care.
In addition to the present treatment, you will need future treatment which only ensures that your pain and suffering and medical bills will continue to grow.
All of this can and should be recovered for as damages in your bedsore claims.
Is A Bedsore Neglect?
Put simply, bedsores can be considered neglect or they can also be considered a normal part of medical treatment, aging and post-illness care.
The deciding factor will depend on the care you received or did not receive.
Can Bedsores Be Prevented?
While you are in the care of medical professionals, it is their job to ensure that you do not develop bedsores.
In some cases, this is not possible, such as when a person is severely obese or cannot be moved safely.
Even in these cases, there are medical tools and technologies that can help reduce the chance of developing a bedsore which should be used to make sure a bedsore does not develop into stage II or higher.
Other common tools to help avoid and prevent a bedsore are best practices that medical professionals use to ensure these wounds do not develop.
The most common practice for this is to help the patient move every 2 hours so that they do not develop a bad sore.
When Is a Bedsore Neglect?
So when is a bedsore neglect?
It is neglect when best practices are not followed by medical professionals.
There include use of technologies and actions like moving the patient which can help prevent bedsores from forming.
When a nurse for example fails to move her patient every few hours, and the individual develops a bedsore, this is an example of neglect.
If a person is ignored, given slow care, or does not have early stage bedsores identified before they get past stage I, then there are higher chances of bedsore claims because neglect can be proven.
Is Bedsores Neglect if it’s a Stage I-II Sore?
Bedsores come in multiple stages. The higher the stage, the more advanced the bedsore and the more serious the condition.
The Bedsore Stage Matters
Any bedsore is neglect if the reason for the bedsore is tied into poor care, negligence, or wanton disregard on the part of those who are responsible for the health and well-being of the patient.
There is no reason to outright believe that stage II cases are more likely to end in a bedsore claim just because they are a stage II case.
The higher the stage, the longer the neglect can be assumed to have taken place because it takes time to devolve from a stage I all the way to a stage III or IV.
Higher bedsore stages are more likely to result in a bedsore claim of high value and can be easier to prove.
This does not mean that stage I cases are not neglect, it only means that higher stage cases are easier to prove and worth more.
Neglect is Neglect
While a stage II or higher bedsore may be easier to prove a bedsore claim with, even a stage I bedsore case can result in a valid bedsore claim assuming you can prove that nurses did not do their jobs in turning and repositioning you every 2 hours while in bed and once every hour when seated.
If a stage I bedsore has developed, it already shows that some neglect was present.
If adequate care is not given, like ensuring proper hydration, proper balanced nutrition, changing diapers frequently and moving the individual consistently, the stage I bedsore will develop into a stage II or higher which only increases the level of neglect.
Bedsores Claims Q&A
Are grade I bedsores considered neglect?
Yes, even grade I bedsores are neglect. What makes a bedsore case neglect is less about the grade of the bedsore and more about the care that was or was not given to the individual who suffered the bedsore which ultimately caused that sore to develop.
Can a bedsore be prevented?
Yes, with proper medical care, bedsores can be prevented. Hydration, nutrition and making sure a patient is moved frequently are some of the ways that bedsores can be prevented.
What is the best way to prove my bedsore claim?
The best way to prove your bedsore claim is to make sure you get and save all evidence related to your injuries. You also need to make sure you document all of the medical care that was or was not given to the individual who suffered the bedsore. This is the evidence that can show that neglect was present and led to the bedsore developing.
What role does nutrition play in a bedsore case?
Nutrition plays a large role in the development of a bedsore. When a person has malnutrition or even dehydration, it can promote the development of bedsores. In addition to the development of bedsores because of poor nutrition, this lack of adequate calories and minerals can lead to longer recovery times as well which prolongs the pain and suffering related to this type of injury.
Bed Sore Claims Legal Help
The trick with bedsore claims is to not lose for the forest for the trees. There are usually bigger picture, systemic issues that caused the bed sore to happen.
When I uncover those systemic issues in the medical facility, it makes it easy to answer the question of, is bedsores neglect? The answer is always a resounding, “yes.”
If you’d like me to investigate you and your family’s bed sore claims, call, email, or submit the contact form below to hop on a FREE call with me.
Supporting Literature, Citations & Resources:
Luan, X. R., Li, W. H., & Lou, F. L. (2016). Applied analysis of humanized nursing combined with wet healing therapy to prevent bedsore. Eur Rev Med Pharmacol Sci, 20(19), 4162-4166.
Kosaka, M., & Takahashi, M. (2019, October). Stage identification using electromagnetic waves for noncontact bed sores detection system. In 2019 International Symposium on Antennas and Propagation (ISAP) (pp. 1-3). IEEE.
Nayak, D., Srinivasan, K., Jagdish, S., Rattan, R., & Chatram, V. S. (2008). Bedsores:“top to bottom” and “bottom to top”. Indian Journal of Surgery, 70(4), 161-168.
Arora, B. K. (2019). Chapter-5 current strategies in home care of bedsores. MED CAL SCIENCES, 117(77).
Shah, S. A., Zhao, N., Ren, A., Zhang, Z., Yang, X., Yang, J., & Zhao, W. (2016). Posture recognition to prevent bedsores for multiple patients using leaking coaxial cable. IEEE Access, 4, 8065-8072.
Berthe, J. V., Bustillo, A., Mélot, C., & De Fontaine, D. (2007). Does a foamy-block mattress system prevent pressure sores? A prospective randomised clinical trial in 1729 patients. Acta Chirurgica Belgica, 107(2), 155-161.
Barsocchi, P. (2012). Position recognition to support bedsores prevention. IEEE journal of biomedical and health informatics, 17(1), 53-59.
About the Author
This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire. Mr. Davani received his Juris Doctor degree from a Tier 1 law school, the University of Maryland Francs King Carey School of Law. He received his first license to practice law from the State of Maryland’s Court of Appeals (MD State License No. 1212110211), and just four months later received a federal law license from the United States District Court for the District of Maryland (Federal License No. 30168).
Mr. Davani has been practicing law for over 10 years. He began practicing law by helping clients as a sanctioned student lawyer before receiving his law license, and second chaired his first jury trial in federal court before even graduating law school. He is a registered member of the Maryland Association for Justice (MAJ), the American Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ’s Legislative Leader’s Circle.
Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims. He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing home abuse settlements and verdicts in Maryland and other states. He is dedicated to fighting for justice, and welcomes the opportunity to help you.
Bedsore Claims Lawyer Near You in Maryland & Beyond
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