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If you or a loved one have the need to stay in a hospital or nursing home for an extended period of time, you place your trust in the medical staff to render appropriate attention and care. When facility personnel are guilty of neglectful behavior, though, the patient can suffer from bedsores and other consequences.
At Gordon & Partners, we fully understand that bedsores are much more than a minor inconvenience. Our Palm Beach personal injury attorneys are ready to help you pursue a bedsores lawsuit so you can receive proper compensation for your damages within the statute of limitations.
What Is the Statute of Limitations for Bedsores Lawsuits?
Bedsores are often the result of medical negligence or nursing home negligence. In the state of Florida, you have two years from the date of an act of negligence or the occurrence of an injury to file a lawsuit. It will not be possible to initiate legal action after that statute of limitation expires, meaning you can no longer receive compensation for your injuries even if you have undeniable proof on your side.
In the case of an injury such as bedsores that develop over time, it can be difficult to pin down the exact date that a facility’s negligent behavior began or when the injury first formed. Keep in mind also that a medical malpractice or nursing home abuse case can be quite lengthy. If you intend to file a lawsuit, it is best to begin the process as soon as possible so you do not miss your chance for justice.
What Causes Bedsores To Begin With?
Bedsores occur when there is constant pressure against the body, limiting blood flow to the skin. These sores are unfortunately common for hospital patients and nursing home residents who are bedridden and unable to move themselves while lying down. The weight of one’s own body is enough to create the pressure necessary for bedsores to form if they do not readjust their body weight every few hours. It is the responsibility of medical staff to remain aware of which patients are unable to shift themselves and to regularly assist them with readjusting to avoid bedsores.
Bedsores are more likely to form in areas of the body where the bone is closer to the skin, such as the:
- Lower back
- Hips
- Ankles
- Tailbone
- Inner knee
It is important to take action quickly after you notice bedsores beginning to form, not only for your own well-being and comfort but also to ensure that you do not miss the statute of limitations. Take extra care to watch for bedsores if you or your bedridden loved one has a condition such as diabetes, cancer or certain diseases which might make the formation of bedsores more likely.
When Should You File a Bedsores Lawsuit?
Filing a bedsores lawsuit is a way to ensure that the party guilty of negligence must pay compensation to you or your family. If you take your case to court and the judge rules in your favor, the at-fault party must pay the amount of compensation mandated by the court. If you discover that you or your loved one is suffering from bedsores and you wish to file a lawsuit, it is best to begin the process as soon as possible so you do not miss the statute of limitations.
Alternatively, you might wish to pursue compensation outside of court by negotiating a settlement with the medical facility and their insurance company. Depending on your situation, this may be preferable to a lawsuit as it may be quicker and less stressful. Be mindful that the insurance company might attempt to deny your claim or make a lowball settlement offer, in which case a lawsuit may be the only way to secure the compensation you deserve. If you do decide to negotiate, remember that accepting a negligence settlement has the same two-year statute of limitations as filing a lawsuit.
How Can You Increase Your Chances of Winning a Lawsuit?
When you file a medical negligence or nursing home abuse lawsuit, the burden is on you and your legal team to prove that the facility or its staff was guilty of wrongful behavior. You can increase your chances of winning a lawsuit by carefully compiling all records and documentation pertaining to the facility’s treatment. Keep track of all interactions with staff members and, if possible, keep a timeline of how often a nurse helps with readjustment to prevent bedsores. This information can help establish a pattern of negligence.
Involving a personal injury lawyer early in the process can also make a notable difference. Strong legal representation can level the playing field against experienced insurance negotiators. Contacting our attorneys at Gordon & Partners sooner rather than later will help ensure that you meet all relevant deadlines and that no evidence becomes lost to time.
What Compensation Can You Receive in a Bedsores Lawsuit?
Bedsores can be extremely painful and debilitating injuries. Long-term nursing home residents who suffer from bedsores must deal with a diminished quality of life through no fault of their own. Even if you are a temporary hospital patient, bedsores can make it necessary to receive further treatment and miss work for longer. All of these damages and more are recoverable as compensation in your bedsores lawsuit.
Factors that affect the amount of compensation you can receive include:
- The cost of additional medical treatment necessitated by the onset of bedsores
- The severity of the injuries and physical pain you endured
- Lost income and wages
- Loss of quality of life
- Emotional pain and suffering
The compensation you can pursue in a bedsores lawsuit is not limited to economic damages. Nursing home neglect, for example, can make residents feel distrustful toward the medical professionals tasked with caring for them. This can lead to a great deal of mental stress or emotional trauma which are completely valid traumas for which you should receive suitable compensation.
How Can a Personal Injury Lawyer Help Your Case?
Whether you are considering a bedsores lawsuit due to medical negligence, nursing home abuse or blatant malpractice, your case is likely to be rife with legal complexities. For you or your loved one suffering from severe bedsores, recovering and being comfortable are the top priorities. Working closely with a personal injury lawyer ensures that you have much less of a burden to carry on your own.
Our team at Gordon & Partners can support your bedsores lawsuit by:
- Investigating the source of negligence at your medical facility
- Collecting evidence to establish that your bedsores resulted from abuse or neglect
- Helping you file your lawsuit and complete any other paperwork
- Advocating for you in the courtroom
- Negotiating with the insurance company on your behalf if you decide to settle instead
Having a practiced legal team to support you can remove a lot of uncertainty from the litigation process. We can build a clear and easy-to-follow timeline for your case and make sure you meet the statute of limitations for a bedsores lawsuit.
Pursuing Justice in Your Florida Bedsores Lawsuit
When you or a loved one are experiencing pain, it can understandably feel like there is no justice for those suffering from healthcare negligence. However, you can seize justice for yourself with the right legal support. Our team at Gordon & Partners is passionate about securing positive outcomes for families dealing with nursing home abuse and medical neglect. Contact us today to learn more about how a personal injury attorney from our firm can help you pursue a bedsores lawsuit within the statute of limitations.
