Frequently Asked Questions About Bedsores Lawsuits

Bedsores are painful and can lead to serious infections. Additionally, they are often a sign of neglect from care staff. If you or a loved one have developed bedsores, you may be eligible for compensation from the hospital or nursing facility where they occurred. Our team at Gordon & Partners is here and ready to answer your questions about bedsores lawsuits.

Who Can File a Bedsore Lawsuit?

It is advisable for anyone who developed bedsores while receiving nursing care to consult an attorney about a bedsore lawsuit. In order to file, you must show that the care staff or facility were negligent. This includes proving they:

• Had a duty of care to prevent bedsores
• Failed to meet that duty
• The bedsores resulted from that failure

If, during your free case evaluation, one of our team members will review the facts of your case and determine its merits. This information can help you decide if filing a bedsores lawsuit is the right move.

Are Bedsores Always a Sign of Negligence?

Bedsores often result from neglect, but they are not limited to that. They develop when a person remains in one position for too long, compromising circulation to a portion of the skin. Patients who have reduced circulation, poor sensation in their skin or are malnourished may experience bedsores even with proper care.

However, if bedsores are allowed to progress beyond the earliest stages of development, it could be a warning sign. There are also other things you can look out for that might indicate neglect, including:

• A lack of communication between staff members
• Medication errors
• Long response times for patient calls for assistance
• Patients who are regularly unclean or left in soiled linens
• Unmaintained facilities or equipment

If you notice these or other signs of neglect, you should take steps to document them. They can help prove your case and hold care facilities accountable for their actions, thereby protecting future patients.

How Much Are Bedsores Lawsuits Worth?

The compensation you receive from a lawsuit will vary depending on the extent of the injuries and their cause. Settlements of $1 million or more are not uncommon in stage four bedsores or wrongful death lawsuits, although there can be a significant difference from one case to the next.

Our attorneys are experienced in determining a monetary value for bedsores and other related injuries. We will work with you to determine an appropriate amount to seek, and then negotiate on your behalf to obtain the best settlement possible.

What Types of Damages Can I Seek?

The types of damages you seek depend on the injuries incurred as a result of the bedsores. Since each patient’s injuries, medical situation and results are different, there is no one answer that fits each case. However, some common types of damages that we seek in bedsores lawsuits include:

• Diminished quality of life
• Physical pain of bedsores, secondary conditions and their treatment
• Emotional distress associated with medical negligence
• Injury complications, such as infections, amputations or other secondary conditions
• Medical bills for past, current and future care

Wrongful Death

If bedsores are allowed to progress to a late stage (stage four or worse), they often cause serious complications. Infections frequently set in, sometimes leading to amputations. In extreme cases, patients may die from the injuries and infections associated with bedsores.

In these situations, families can sue for the wrongful death of their loved one. Under Florida Statutes, settlements can cover funeral expenses, unpaid medical bills and the emotional suffering of the patient. Families can also seek compensation for the loss of income of the patient and the loss of support faced by surviving family members.

In some cases, families can also seek punitive damages against the care facility and providers. For example, Florida law requires the crime to be an act of gross negligence or intentional misconduct to seek punitive damages in a wrongful death lawsuit.

What Happens During a Bedsore Lawsuit?

There are several steps involved with the bedsore lawsuit process, and they can take some time to work through. They start with a consultation with our attorneys, where we will evaluate your evidence. Once you decide to file a claim, we begin gathering evidence.

You must get medical attention for bedsores throughout the entire legal process. Proper care ensures your ulcers do not worsen, which could affect how much compensation you should seek.

Initial Investigation

During the initial stages of the investigation, our attorneys will conduct interviews with you (or the victim) to establish basic facts. We will also review your medical records to obtain specific information about care and ulcer conditions. Furthermore, we will examine any other, similar charges brought against the facility or providers involved.

Negotiation or Trial

Many facilities and management companies will attempt to negotiate a settlement before a case goes to trial. This is often favorable for all parties involved. It reduces publicity around the facility and allows you to avoid the turmoil and strain of a trial. We will handle all negotiations with the insurance companies and their attorneys to get you the best settlement possible.

For various reasons, a settlement is not always possible. If we are unable to reach an agreement with the insurance companies, we will proceed with taking your case to court.

Whichever path your lawsuit takes, we will work diligently to ensure you receive the compensation you deserve. This may include calling expert witnesses to explain how bedsores form and progress and why yours resulted from negligence.

What Is the Time Limit for Filing a Lawsuit?

The statute of limitations for bedsore claims depends on the type of injury and where you are filing your lawsuit. In Florida, you have two years from the date of injury to file a negligence or medical malpractice suit. This includes wrongful death claims.

The time period allowed can severely limit your ability to seek legal representation and impose restrictions on the discovery process. Therefore, we advise scheduling a consultation as soon as possible to start the process.

How Long Do Bedsore Lawsuits Take To Settle?

The timeframe for every lawsuit varies, but most cases take between a few months and several years. Factors including case complexity, severity of injuries and the level of neglect can affect the length of a lawsuit. Perhaps the biggest determinant of time is whether you reach a settlement or go to trial. Court cases can take several years to fully resolve including any appeals.

How Do I Choose a Bedsores Lawyer?

It is helpful to look for certain qualities when choosing an attorney to represent you in a bedsore lawsuit. Among the most important is someone you are comfortable with. Other things to look to include:

• A solid record of previous success in similar cases
• A firm that focuses on personal injury or medical malpractice cases
• A legal team that is accessible to you 
• Someone who communicates clearly and openly about your case and any developments in it
• Lawyers with excellent negotiation skills

Find Answers to Your Bedsore Lawsuit Questions

Gordon & Partners specializes in personal injury cases in South Florida. We have an excellent track record of obtaining significant awards for our clients. If you or a loved one developed bedsores as a result of medical negligence, we can help. Contact us to schedule your free case evaluation.