Bed sores are a rising issue facing hospital. Due to the rise of elderly or infirmed patients hospital staff are not able to provide the necessary care required to significantly reduce the risk of bed sores. Under numerous state and federal elder abuse and neglect laws health care facilities including hospitals owe a heightened duty to care to individual who are either over the age of 65 or depended adults over the age of 18 who are unable to care for themselves due to an illness or disability are.
Legal Rights of Injured Victims: Such laws have been designed to greatly enhance the level of care provided in hospital and elderly care centers in order to prevent incidences of bed sores, also referred to as pressure ulcers.
Legal Assistance: Our elder abuse law firm is dedicated to protecting the right of individuals who through the negligent or intentionally neglectful acts of hospital staff have suffered grave injuries including bed sores. To speak with an attorney regarding your claim contact our law firm toll free (855)385-2529. All consultations are completely confidential and free of charge.
Stages of Bed Sores: Four stages of bed sores are recognized amongst medical health professionals
- Stage I: No skin loss in the effects area. The skin shows redness, heat, and sensitivity to the touch.
- Stage II: The sore extends throughout the skin leading to partial loss of the skin. Infections may develop in this stage.
- Stage III: The skin layers are completely lost and necrosis of the subcutaneous tissue under the effects skin develops.
- Stage IV: The necrosis extending to all regions of the affected area including bone and muscle tissue. Severe nerve damage resulting in paralysis may develop under this stage.
More on stages of bed sores see here..
Duty of Risk Assessment and Prevention of Bed Sores
Hospital staff are required to provide each patient with a risk evaluation for the development of bed sores. Factors which must be evaluated to determine whether a patient is at a heightened risk of developing pressure ulcers include
- A patients physical condition
- A patients mental condition
- The activity level of the patient – whether a patient is chair or bedbound
- The mobility level of a patient
- Incontinence issues – ranging from occasional to high level loss urinary and fecal incontinence
Elder Abuse Failure to Provide Care
Under state law the failure to provide care necessary to reduce the risk of bed sores can be a violation of elder abuse and elder neglect laws. Under Cal. Pen. Code 15610.07 elder abuse doe include, “the deprivation of goods and services that are necessary to avoid physical harm.” The term elder is not reserved for individual over the age of 65; the term elder can mean, “any person between the ages of 18 and 64 who has physical and mental limitations that restrict his or her ability to carry out normal activities.” More on elder abuse laws here.
Recovery Available for Victims of Bed Sores in Hospitals – Lawsuit Information
Victims of serious injuries including pressure ulcers due to negligent or wrongful treatment of others are entitled to full and just compensation for all losses including:
- All medical and hospitalization costs associated with the harm suffered.
- All future medical and rehabilitation care – including disabled home and nursing care sue to disabilities associated with the development of bed sores.
- Pain and suffering – victims of bed sores experience excruciating levels of pain for months if not years afterword.
- Punitive damages -where liable parties including hospital staff and operations managers display a wanton reckless disregard for the life of health of individuals they owed a duty to.
Legal Consultation: To get in touch with us regarding the filing of a lawsuit against a hospital for bed sores contact our law firm toll free (855)385-2529.