Article Updated: September 12, 2022
Bedsore Lawyer for Pressure Ulcer Lawsuit
I have investigated roughly 100 nursing home bedsore cases in over a dozen states, including in Maryland, Virginia, New York, Florida, Washington D.C., and New Jersey.
By and far, bedsores are the most frequent injury that my nursing home clients suffer.
Read more below about what I can do for you as a dedicated nursing home and hospital-acquired bedsore lawyer.
Wherever you are, you are welcome to call or email me for help with your bedsore case.
Clickable Table of Contents
Bedsore Lawyer Topics
1 – Bedsore Lawyer for Hospital Wounds
2 – What is a Bedsore Malpractice Attorney?
3 – Should You Call a Bedsore Lawyer?
Bedsore Lawsuit Topics
4 – Bedsore Lawsuit 411
5 – Stage 4 Pressure Ulcer Lawsuit
6 – Pressure Ulcer Lawsuit Timelines
7 – Bedsore Lawyer Q&A
8 – Challenges a Bedsore Lawyer Can Help You With
Bedsore Lawyer Resources
9 – Bedsore Lawyer with National Reach
10 – Supporting Literature, Citations & Research
11 – About the Author
12 – Bedsore Legal Help in Maryland & Nationally
Bedsore Lawyer for Hospital Wounds
Hospital Acquired Bedsores
Bedsores are not as common in hospital patients as they are in nursing home residents. Nonetheless, they do occur, and the topic deserves attention.
While in the hospital, it is always important to ensure that infections are avoided. To help achieve this goal, there must be every effort made to avoid wounds from forming.
This is a basic medical fact. Then, why do so many pressure ulcer legal cases arise from negligent hospital care?
The reason typically lies in staffing issues, with facilities stretched thin, which is even worse in periods of medical crisis.
Prevalence of Hospital Bedsores
Those who are coming from another facility, those who spend considerable time in a hospital, and those who are of older ages and are not give the care they require, have a high chance of developing a bedsore in a hospital.
Worse still, many who develop a bedsore will fall into a pattern of needing more medical care, need to stay in the hospital longer, or need to go to a subsequent care facility to address their bedsores for an extended period of time.
A bedsore in a hospital is particularly dangerous as there is a very high chance of open wounds becoming infected with a variety of diseases that are found in medical facilities like hospitals.
I have handled nearly a dozen cases of hospital acquired bedsores. I estimate approximately 5% of the bedsore cases I review concern hospital acquired sores.
This could, however, be due to the fact that my practice focuses on nursing home cases, and as a result of that more nursing home victims, than hospital victims, call me for help.
Will You Need a Bedsore Malpractice Attorney?
Yes, you will benefit from having a bedsore malpractice attorney helping you to make sure that you are given a fair settlement for your pain and suffering.
Hospitals will often attempt to downplay the severity of a bedsore or shift the blame away from themselves.
A bedsore lawyer that has experience with hospital wound cases can help you navigate the situation and stand against the hospital’s legal team.
Pressure wounds will always have a sense of urgency with them because they can very rapidly develop into serious conditions that can take a physical and financial toll on you. A lawyer will give you peace of mind to focus on getting better while the lawyer helps fight your case for you. Return to Table of Contents.
What is a Bedsore Malpractice Attorney?
More Experience = More Familiarity
Not all attorneys are able to handle bedsore cases sufficiently well because it takes insight that can only be gained through experience handling the liability, policies and procedures, and medical causation issues involved.
An bedsore malpractice attorney is one with extensive experience with this specific injury resulting from repeated interactions with these bedsore cases.
It is this same repeated exposure to bedsore cases that allows such an attorney to identify and issue spot patterns that let them handle these cases with better precision, and get you better results.
This is where a bedsore malpractice attorney who has worked many pressure ulcer legal cases comes in handy, in comparison to an attorney who spreads her or himself thin and is a jack of all trades.
For the record, in case you skipped to this section and did not read the start of the article, I have handled 100+ bedsore cases.
More Familiarity = Better Results, for You
Having experience with a specific kind of law therefore more often than not translates into greater success in litigation in that area of law.
Why would you then choose an attorney who mostly works with car accidents or just broad malpractice, when you can choose a malpractice attorney that focuses strongly on bedsores claims?
What types of cases do I help client’s with on a regular basis?
Which cases do I have the most exposure to and experience with?
While some attorneys work regular malpractice cases most of the time, my work is lopsided towards being a bedsore lawyer pursuing pressure ulcer lawsuits for nursing home and hospital cases.
This experience helps me to know what you need to win your case and get the maximum settlement that you deserve.
The level of experience that I have with pressure ulcer lawsuits can mean the difference between the nursing home walking away with a free pass, ot it being held accountable for its crimes. Return to Table of Contents.
Should You Call a Bedsore Lawyer?
Calling a bedsore lawyer for a free consultation is the best decision that you can make for your injured family.
There is nothing to lose and everything to gain when you contact me for help to investigate your claim.
Pressure ulcer legal cases benefit from fast movement so delays can only add to your case value being lowered.
How does moving faster and getting a bedsore lawyer help you? Here are a few reasons:
◊ Evidence is important in bedsore cases, capturing photos early or before its gone is vital
◊ An attorney with experience will be able to help you negotiation strategically
◊ Hospitals will lowball you and try to minimize your case believing you do not know any better
Bedsore Lawyers Can Help You Navigate Settlements
Once a pressure ulcer has been identified and you decide to take legal action, you will be bombarded by hospitals and nursing homes to accept an offer that is in their benefit and not yours. You will need to move fast to gather evidence while the situaiton is fresh and navigate the legal process quickly.
This can end up becoming a battle between you and a well-funded medical facility that has the means to drag the situation out, all while you are dealing with loss and stress caused by the bedsore.
Don’t fight through this alone. Let me help you pursue justice, and hold these bad nursing homes and hospitals accountable for the injustice and suffering they are causing you. Return to Table of Contents.
Bedsore Lawsuit 411
What can you expect in a pressure ulcer lawsuit?
A few things that you can expect, which will not be easy, especially if you are dealing with it alone are:
◊ Being called for a deposition
◊ Being asked for carefully organized medical record timelines
◊ Collecting records on behalf of a deceased loved one
After major surgeries, many people bed bound. If not cared for properly, they can develop pressure ulcers.
The manner in which the hospital staffs its wards, how it trains its employees, and how your treatment was handled will come up in potential litigation and settlement conferences.
This is where it is vital to understand how hospitals and pressure ulcer treatment and prevention norms will impact your case process. What I’m hinting at is that how badly the facility dropped the ball and violated the safety rules will have a direct impact on the value and success of your claim.
Said differently, it’s not a simple black and white question of “is there a bedsore” or “did the facility fail to turn and reposition the patient.” Deeper investigation is required, including how, why, and to what extent, those things prove to be true.
Getting in the weeds on those questions is how I hold careless nursing homes accountable for you. Return to Table of Contents.
Stage 4 Pressure Ulcer Lawsuit
Stage 4 pressure ulcer lawsuits are a little different than your average open sore case in that they are more severe and can lead to serious consequences.
Most bedsore lawsuits will be focused stage II through III, which take a few weeks to a few short months to recover from. That is not so with stage 4 ulcers.
Stage 4 Pressure Ulcer Recovery
A pressure ulcer lawsuit that is focused on a stage 4 ulcer means the individual has suffered serious mistreatment in the hospital and will have a high chance of infections and also recovery that can take close to a year.
Hospitals have many methods to help ensure mitigation of a pressure ulcer. If an ulcer has reached stage 4, it not only means that the individual did not get sufficient preventative interventions, but that the patient or resident was also ignored so long that the wound devolved to a stage that could mean life or death.
Nursing Home Liability & Stage 4 Ulcers
Bedsores are prevalent in hospitals, but again, so are preventative measures. Nursing homes know that bedsores are a very real and probable occurrence.
Therefore, have they have an obligation to put into place prevention methods to stop them from happening.
When the nursing home fails to do this, a pressure sore will inevitably develop. By the time it reaches a stage 4 pressure ulcer, a lawsuit is imminent given the extended recovery and lack of care involved with that wound staging.
Stage 4 Pressure Ulcer Lawsuits
If you suffered a stage 4 pressure ulcer, you need to take many variables into consideration.
First, there is going to be the initial damage that is done to your health, which will require medical care that will be painful.
Second, in addition to treatment for the initial symptoms, it is inevitable that you will also need anywhere from 9-12 months of recovery time to fully recoup from a stage 4 ulcer.
A bedsore lawsuit that is properly handled by the lawyer will ensure future economic damages, life care plans, and additional damages are taken into consideration.
However, sometimes it makes strategic sense to not pursue the economic damages. I have used this strategy in the past to recover 5x the insurance company’s pre-trial offer. Return to Table of Contents.
Pressure Ulcer Lawsuit Timelines
What can you expect from a pressure ulcer lawsuit in terms of time-frames?
Most cases will take approximately 3 years to come to a close. You can break this down into two segments, which I’ll cover in turn below.
Investigative Period: 9-12 Months
It will take about 9-12 months of initial investigation.
What can you expect in your bedsore lawsuit investigation? The most common activities that take in this period are:
◊ Record collection
◊ Reviewing all documents in the case
◊ Giving documents to experts to review and write reports
◊ Preparing court papers
◊ Negotiating with nursing home before filing a lawsuit
This is all a long process and will take considerable time to work through. Your patience is needed, but so is your help with evidence collection, during this period.
In these investigations, I explain to clients that we are a team, and with only with your help can we fight the corporations that did this to your family.
Active Court Period: 2+ Years
The investigative period may seem long, but it is just the start of the process.
After that record collection, documentation and paperwork period is done, you will likely end filing your bedsore lawsuit in court.
This starts the clock on what usually ends up being another, approximately, 2+ year period.
During that period, you can expect the following:
◊ Suit filed in court
◊ Court gives a scheduling order
◊ Nursing home is given 30-60 days to file an answer to your suit
◊ Discovery responses and filings take about 30 days in each instance
◊ Actual court dates decided on
◊ A trial which takes usually 1-2 weeks
Why does this take 2 years?
The reason that so many cases drag on for this long is that there are fights over discovery and scheduling on all sides (often multiple times) before a final court date will be scheduled.
In addition to the parties having a hard time agreeing to and finding a time for the trial, the court also has to find a full week, or more, of vacancy in which it can schedule a trial.
Between the discovery fights, scheduling issues for your side, and all the other hiccups and delays that are common, you can expect from start to finish to have wait 3 years before judgement day. Return to Table of Contents.
Bedsore Lawyer Q&A
Do pressure ulcers happen because of neglect?
Pressure ulcers are a clear sign that a nursing home has not performed its job properly. When an individual has a stage 3 or stage 4 bedsore it can be a sign of neglect. Prevention is the best course of action for pressure ulcers and the more sores and higher stage sores a person has the higher the chances are that neglect has occurred.
How long does a stage 4 pressure ulcer take to heal?
A stage 4 pressure ulcer is a serious medical condition and can take as long as 2 years to fully heal. In more serious cases a stage 4 bedsore may never heal completely as the damage to the body is too severe. The best way to ensure a bedsore heals is to prevent it getting to stage 3 or 4 at all.
Do I need a bedsore lawyer?
If you have any belief that your loved one has a bedsore then a bedsore lawyer will be needed to ensure you get the help and compensation that you need. The medical costs and emotional damage that come with bedsores are tolling and so can be the legal process you will go through in a pressure ulcer lawsuit.
Are pressure ulcers a sign of abuse?
The presence of pressure ulcers can be a sign of both neglect and abuse on the part of a nursing home and its staff. Bedsores of any stage happen when an individual is left alone for long periods of time causing constant pressure on vulnerable parts of the body. This can all be avoided if there is proper care and attention given to residents.
Why are stage 4 pressure ulcers so serious?
Stage 4 pressure ulcers are very serious and their presence can lead to severe damage to deep ligaments, cartilage, muscles and tendons as well as the skin and even at times bones. These sores can lead to severe infections that can become life-threatening, making them incredibly serious.
On average what are pressure ulcer lawsuit payouts?
Pressure ulcer lawsuits can on average close between $250,000 to $750,000. Some cases go much higher topping well over $1 million. In bedsore cases that have reached stage 3 and 4 there is a higher chance of settlements and judgements highly in favor of the plaintiff.
Will a bedsore lawyer increase my chances of a successful case?
A lawyer with experience in bedsore cases will increase your chances of a successful lawsuit as they can help you navigate the complicated paperwork and needed evidence to make a strong case in court. Without an experienced lawyer who has gone through the process multiple times, you will not get the full advantages that are available to you in a bedsore case.
Can any malpractice attorney help me or should I look for a bedsore lawyer specialist?
Looking for a malpractice attorney who specializes in bedsore cases will ensure you can get the best help possible. While it may seem that all malpractice attorneys have the same capabilities, those with extended experience with bedsore cases can be far more beneficial to you overall. A lawyer who specializes in pressure ulcer lawsuits will better understand the ins and outs of these cases and get you better results.
Challenges a Bedsore Lawyer Can Help You With
Pressure ulcer legal cases will face many uphill challenges before getting to a final conclusion.
The hospital and its attorneys will argue that existing conditions and normal processes of recovery from surgery are the real cause of the bedsore, and not the poor treatment and negligence of the facility.
Pressure ulcer lawsuits need to take into consideration the reality that fault for the bedsore may be shifted back towards you and away from the hospital.
Certain medical conditions can give, under rare circumstances, give those arguments some teeth.
Peripheral Vascular Disease and Bedsore Malpractice Lawsuits
Peripheral vascular disease, or PVD, is a circulatory issue that can make bedsores very likely because of the way that the disease affects healing processes.
While medical conditions like diabetes and PVD can reduce recovery and healing norms, this is not a reason to shift the blame for a bedsore from the nursing home or hospital onto you.
If a medical facility follows all the available preventative and monitoring guidelines and best practiced available to it, a bedsore should not happen in 99% of the claims I investigate.
However, you should be aware that PVD can impact your specific case and needs to be calculated into your settlement.
In cases where PVD is suspected, you should make sure that you are contacting an attorney ASAP for a consultation for an assessment of how that condition will impact your specific case. Return to Table of Contents.
Patient Care Refusals Will Not Stop a Good Bedsore Lawyer
I recently had a case where the medical records were littered with references of the nursing home resident refusing to be turned and repositioned. That is a hurdle for any bedsore lawyer handling such a claim because turning and repositioning is the intervention for preventing bedsores. If the patient refuses to receive the treatment that would have prevented the injury, the patient will be to blame for onset of those injuries.
Thankfully, I’m not your run-of-the-mill bedsore malpractice attorney. It didn’t sit well with me that an elderly patient with dementia can be blamed for refusing care. I spent the next two weeks doing a national review of the law and cases in every State in America, utilizing Lexis and Westlaw, both high-end legal research engines.
The result of my multi-week research project is an arsenal of legal authority that supports the position that there’s an exception under the law for patients with cognitive deficits. The standard applied to their conduct is not that of a “reasonable person,” but that of a “reasonable, cognitively compromised person.”
I’ve known bedsore lawyers who would turn away cases like this. I now welcome them, knowing that I’m armed with the legal weapons to bring justice for victims who, due to dementia or other cognitive issues, refused to receive care necessary to prevent their bedsores.Return to Table of Contents.
Bedsore Lawyer with National Reach
As a dedicated bedsore malpractice attorney, I appreciate that pressure ulcer legal cases have unique challenges. I dedicate myself to staying abreast of the medical and nursing facility issues that lead to these terrible injuries.
This includes policies and procedures for not letting a nursing home resident sit idle, proper toileting programs, and nutritional guidelines which help reduce the risk of bedsores.
With that type of knowledge in hand, a bedsore lawyer like me will allow you to aggressively pursue your claim until justice is served.
Let me bring the negligent nursing home to its knees for hurting you and your family. Call, email, or submit the contact form below so I can fight for you.
Reza Davani, Esq.
State Bar No.: #1212110211
Federal Bar No.: #30168
Cellphone: (301) 922-4598
Pressure Ulcer Legal Library
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Supporting Literature, Citations & Resources:
Chou, C. L., Lee, W. R., Yeh, C. C., Shih, C. C., Chen, T. L., & Liao, C. C. (2015). Adverse outcomes after major surgery in patients with pressure ulcer: a nationwide population-based retrospective cohort study. PLoS One, 10(5), e0127731.
Corniello, A. L., Moyse, T., Bates, J., Karafa, M., Hollis, C., & Albert, N. M. (2014). Predictors of pressure ulcer development in patients with vascular disease. Journal of Vascular Nursing, 32(2), 55-62.
Haire, S. B., Hartley, R., & Lindquist, S. A. (1999). Attorney expertise, litigant success, and judicial decision-making in the US Courts of Appeals. LAw & SoC’Y REv., 33, 667.
Edsberg, L. E., Black, J. M., Goldberg, M., McNichol, L., Moore, L., & Sieggreen, M. (2016). Revised national pressure ulcer advisory panel pressure injury staging system: revised pressure injury staging system. Journal of Wound, Ostomy, and Continence Nursing, 43(6), 585.
Jain, G., Tyagi, I., Pant, L., & Nargotra, N. (2017). Giant anterior neck lipoma with bleeding pressure ulcer in an elderly man: a rare entity. World journal of plastic surgery, 6(3), 365.
Rathore, F. A., Ahmad, F., & Zahoor, M. U. U. (2016). Case report of a pressure ulcer occurring over the nasal bridge due to a non-invasive ventilation facial mask. Cureus, 8(10).
Truong, B., Grigson, E., Patel, M., & Liu, X. (2016). Pressure ulcer prevention in the hospital setting using silicone foam dressings. Cureus, 8(8).
Vanderwee, K., Defloor, T., Beeckman, D., Demarré, L., Verhaeghe, S., Van Durme, T., & Gobert, M. (2011). Assessing the adequacy of pressure ulcer prevention in hospitals: a nationwide prevalence survey. BMJ Quality & Safety, 20(3), 260-267.
Schoonhoven, L., Haalboom, J. R., Bousema, M. T., Algra, A., Grobbee, D. E., Grypdonck, M. H., & Buskens, E. (2002). Prospective cohort study of routine use of risk assessment scales for prediction of pressure ulcers. Bmj, 325(7368), 797.
Grey, J. E., & Enoch, S. (2006). ABC of wound healing: pressure ulcers. Bmj, 332(Suppl S6).
About the Author
This nursing home and bedsore lawyer 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 a focused bedsore lawyer who handles pressure wound cases around the country. He is dedicated to fighting for justice, and welcomes the opportunity to help you.
Bedsore Lawyer for Pressure Ulcer Lawsuits Near You in Maryland & Beyond
I can help you anywhere in Maryland, including Allegany County, Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Calvert County, Caroline County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Howard County, Kent County, Montgomery County, Prince George’s County, Queen Anne’s County, Somerset County, St. Mary’s County, Talbot County, Washington County, Wicomico County, and Worcester County.
I have helped clients in over a dozen jurisdictions, including California, Delaware, District of Columbia, Georgia, Illinois, Iowa, Massachusetts, Maryland, Mississippi, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, South Carolina, Washington, and Virginia.
I help injured victims nationwide in all 50 states on a case-by-case basis via Pro Hac Vice.