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Decubitus Ulcer Lawsuit | Bed Sore Attorney | Elderly Neglect


Decubitus Ulcer Lawsuit | Nursing Home Attorney | Elderly NeglectDecubitus Ulcers are a serious medical issue afflicting thousands of nursing home, and elderly care residents each year. According to the National Center for Health and Statistics 11% of nursing home residents, accounting for 159,000 individuals, suffered from pressure ulcers. Pressure ulcers are preventable and are caused by neglect by nursing home staff. Common areas of the body where pressure ulcers can take place include the shoulder and upper back, the heel of the foot, the buttocks (tailbone), elbows and the head.

Violation of Nursing Home Operators Duties

Under California law elderly care facilities assume, the “responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident’s physical health, mental health, safety or welfare would be endangered.” Common causes of bed sores (pressure ulcers) in nursing homes and elderly care facilities include

  • Inadequate staffing of nursing homes
  • Lack of proper training and education as to the dangers of pressure ulcers
  • Lack of supervision
  • Failure to adjust and position immobile residents
  • Failure to keep bedding dry
  • Dehydration – failure to provide proper nutrition can dry the skin resulting in an increased risk of ulcer
  • Nursing home resident being left in a wheelchair for an extended period of time

Victims of decubitus ulcers caused by neglect have a right to compensation for the injuries suffered. Nursing home neglect lawsuits are focused is a focused sector of personal injury law requiring knowledge of the law and skilled legal representation. To contact an attorney regarding potential lawsuits against nursing homes and elderly care facilities contact our law offices toll free (855) 339-8879. All consultations with our legal representatives are free of charge.

Stages of Decubitus Ulcers

There are four stages of decubitus ulcers with state four being the most dangerous to the life and health of a nursing home resident.

  • Stage One: Little or no skin loss in the effects area. The skin shows a defines area of persistent redness, or blue and purple hues in patients with a darker skin tone.
  • Stage Two: The sore extends throughout the skin leading to partial loss of the skin. Infections may develop in this stage.
  • Stage Three: The skin layers are completely lost. Damage spreading due to necrosis of the subcutaneous tissue.
  • Stage Four: The necrosis (death of bodily tissues) extends to all regions of the affected area including muscle tissue and bone. Echar; thick dry and black necrotic tissue.

The Ultimate Guide to Nursing Home Neglect & Elder Abuse

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Nursing Home Elder Abuse Lawsuit Legal Guide

Statute of Limitations for Filing a Lawsuit Against a Nursing Home or Elderly are Facility

In the state of California a victims of personal injury has two years from the date of the injury to file a claim against an at fault (liable) party. In certain circumstances, including mental of physical incapacitation of a victim courts may allow for a tolling (or temporary halting) of a statute of limitations. For more for more information regarding time limit for filing a lawsuit against nursing home see here.

Decubitus Ulcer Resulting in Fatality 

In some of the most severe cases victims of pleasure ulcers succumb to their injuries. In the state of California certain family members of the deceased have the right to file a wrongful death cause of action. California code of civil procedures provided the basis for who can file a wrongful death lawsuit,

  • The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.

Filing a Lawsuit: To speak with a legal representative from our law firm concerning a possible claim for decubitus ulcer injury to a resident of a nursing home or elderly care facility contact our law offices at (855)385-2529. More Information: Lawsuits Against Elderly Facilities Prevention of Decubitus Ulcers

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