Live 24/7 Call Answering: 609-881-1400
Live 24/7 Call Answering: 609-881-1400
Has your loved one has suffered a Bed Sore in a Nursing Home? Are you wondering who to turn to and what to do about it? Contact the top bed sore lawyer Trenton, NJ residents recommend at Davis & Brusca today to discuss your options. Our team of experienced, caring attorneys have handled thousands of bedsore lawsuits. We know how to hold nursing homes and assisted living facilities accountable for negligence. Call us at 609-786-2540 to discuss your case. We offer a “No Win, No Fee” Guarantee, so there is no risk to you. Call today.
This is a common question. While each case is unique and results vary, severe bed sore cases (those involving preventable stage 3, 4 and “unstageable” wounds ) are serious and generally result in substantial recoveries when the claim is handled by an experienced bed sore lawyer, such as the top bed sore lawyers at Davis & Brusca. Our attorneys are passionate advocates for bed sore victims and their families, and work to ensure they receive fair compensation for these horrible injuries.
Nursing home residents who develop bed sores due to negligence, neglect, or abuse have the right to file a civil lawsuit against the nursing home. The “value” of a bedsore claim depends on factors which vary from case to case including:
This is a non-exclusive list. Other factors may exist in specific cases.
If you or your loved one has suffered a bedsore in a nursing home, call our experienced bedsore injury lawyers at (609) 786-2540 today or use the contact form on our site to schedule a free consultation to discuss how much your nursing home bed sore lawsuit may be worth.
Bed sores (also known as “pressure injuries”, “pressure ulcers”, or “decubitus ulcers”) are wounds that form due to sustained, unrelieved pressure on a part of the body. The pressure squeezes the skin between the point of contact and the bone, cutting off the supply of blood (along with the oxygen and nutrients it brings to the skin) and causing the affected area of skin and subcutaneous tissue to die.
Usually, healthy people avoid pressure ulcers or serious infections because they move around, and no single part of their body is subject to such pressure for very long. Even when we sleep at night, we turn and roll over, preventing any one part of our body from bearing the brunt of the pressure. Typically, these wounds form on the lower back (sacrum), hips, buttocks, and heels, but they can form on other areas depending on the particular circumstances of the case.
Healthy people with no limitations on their ability to move their bodies do not generally develop bed sores, simply because they can move themselves. These terrible injuries generally form on people with mobility restrictions, such as paralysis or significant physical weakness (as frequently occurs with the elderly in nursing homes). Bed sores can form rather quickly when care providers fail to take necessary action, such as turning and repositioning them at least every two (2) hours.
The overwhelming consensus in the medical community is that there is no single condition or combination of conditions which makes pressure injuries unavoidable and therefore, these injuries should generally not occur if a person is receiving proper care. In fact, the Centers for Medicare and Medicaid Services (CMS) have long considered bedsores to be a ‘never event’ in healthcare facilities – literally meaning, they should “never” occur.
For years, Medicare has refused to pay certain healthcare providers, such as hospitals, for the care needed to treat bedsores which formed during the patient’s stay at the facility unless the facility could show, by documented evidence in the record, that they did EVERYTHING possible to prevent the wound, and it formed anyway.
This type of clear record remains necessary for a wound to be considered “unavoidable” under the regulations governing nursing homes.
Nursing Home residents who develop bed sores due to negligent care can sue the nursing homes. If the victim passes away from the injury, or before the lawsuit is over, their “Estate” retains the right to sue or to continue the lawsuit, and the family (or anyone who is a beneficiary under their will) may be entitled to the recovery.
It is common for potential plaintiffs to find out the “value” of a bed sores case. As with any injury or malpractice litigation, there is no set schedule and the “value” recovered in any case depends on the state or jurisdiction in which the claim is brought, as well as the specific facts and evidence unique to the case. However, injury litigation focuses on the severity of the harm and the amount of pain and suffering which can be proven. To this end, pressure injuries can cause serious pain, suffering and other related damages. As such, severe bed sores can result in substantial compensation.
If you or your loved one has suffered a bedsore in a nursing home, call our experienced bedsore injury lawyers at (609) 786-2540 today or use the contact form on our site to schedule a free consultation to discuss how much your nursing home bed sore lawsuit may be worth.
YES! All civil lawsuits have a filing deadline, known as a “statute of limitations.” The time you have to initiate action varies from state to state. In New Jersey, as in many other states, you generally have two (2) years from the date the bed sore formed (or the earliest date it was or should have been known to exist) in which to file a lawsuit. Some exceptions may exist to require action to be taken even sooner, such as when the nursing home involved is owned and/or operated by an agency of the State, in which case notice of the intent to sue is generally required to be given to the defendant within ninety (90) days of the injury. These deadlines may be subject to extension if the person harmed is mentally incompetent.
Determining how much time remains on a statute of limitations requires legal analysis of all the operative facts. Don’t risk having the deadline expire! Call an experienced bed sore lawyer at Davis & Brusca today!
If you want to ensure maximum compensation is recovered for the damages your loved one suffered, it is important to hire an attorney who specializing in litigating bed sore cases and suing nursing homes for negligence and wrongful death. Typically, attorneys who concentrate in this area of the law, such as Davis & Brusca, LLC, offer free consultations to any potential client.
During the free consultation, you can expect the lawyer to discuss the facts of your case, explore what evidence may be available, identify any witnesses and gather other information to verify the likelihood that the nursing home is liable for the injuries. You should speak freely and openly in any consultation with an attorney so ensure the advice you receive is accurate and complete. Don’t hold back! All information you share with your bed sore attorney should remain confidential due to the attorney-client privilege.
The top bed sore lawyers at Davis & Brusca are here to help victims of avoidable bed sores. Our team of experienced, caring attorneys have handled thousands of bedsore lawsuits. We know how to hold nursing homes and assisted living facilities accountable for negligence. We offer a “No Win, No Fee” Guarantee, so there is no risk to you.
Call us today at 609-786-2540 to discuss your bedsore lawsuit with one of our dedicated attorneys today.
"Davis & Brusca did an extremely through job on our case. I found their compassion and understanding during difficult times to be in measurable. I highly recommend this firm."
Mimi S
