Our law firm provides legal consultations to many elderly and immobile individuals who have suffered bed sores (also known as pressure ulcers) in nursing homes, hospitals, and elderly care residential facilities across the country.
Victims of serious injuries are often worried that the settlement amount they will receive will not be enough to cover their future medical and rehabilitation needs. Thus, some of the most common questions asked during legal consultations with our attorneys are “What is the value of my case?” and “How much money will I receive for my injuries?”
Every Case is Unique
: Every individual is unique and every case included a different set of factors which are essential in the final monetary outcome of a settlement or jury verdict. The average value of a bed sore injury lawsuit is dependent on several factors, which require a thorough evaluation from a qualified attorney. An estimate of the potential value of your case can be established through a direct legal consultation from one of our attorneys. You can reach out to us by calling toll free at (855) 385-2529.
Factors Used To Determine the Value of a Bed Sore Lawsuit
Extent of the Injury – Stages of Bed Sore
The most important factors used to determine the estimated value of a case is the extent and severity of the injury suffered. There are four stages of bed sores with state one being the least severe.
- Stage I: Little to no skin loss showing redness, sensitivity, and heat.
- Stage II: Skin loss extending through all the layers of the epidermis. Serious infections may result.
- Stage III: Complete destruction of the skin and necroses of the underlying tissue.
- Stage IV: Destruction of the underlying muscle tissue and bone degeneration, can result in extensive nerve damage and paralysis.
– Bed Sore Lawsuit – Statute of Limitations
– Stage III Bed Sore Lawsuit
– Stage IV Bed Sore – Nursing Home Liability
– Hospital Liability for Bed Sores
– Nursing Homes Liable for Bed Sores?
– Food Poisoning in Nursing Home Lawsuit
Secondary Effects of Bed Sores:
Sadly, in the most severe cases, victims suffer permanent nerve damage and bone degeneration resulting in permanent paralysis, foot drop, and immobility.
Need for Future Rehabilitation and Disability Care
As discussed above all too often bed sores will result in long-term injuries and permanent disability. According to the most recent estimates, the lifetime cost of care, including nursing and home care of an individual who suffers from paralysis, including foot drop, is between 1 million and 2 million dollars.
Moreso, victims of bed sore will often require months if not years of around the clock nursing care, transportation, and rehabilitation care costing tens of thousands of dollars per year. Victims of injuries related to and including bed sores are entitled to full and just compensation, such as all costs of future disability, medical, and rehabilitation care.
Pain and Suffering Resulting from Bed Sore Injury
Pain and suffering comprise a large percentage of a bed sore settlement amount. Victims often suffer from excruciating pain and mental trauma. Juries have the ability to award pain and suffering compensation many times greater than the actual damages incurred.
Availability for Punitive Damages
Punitive damages are intended to punish an at-fault party to such an extent so as to prevent future harmful acts from taking place. Such damages are usually awarded where a liable party displays a reckless disregard for the life and health of another person. Nursing homes, elderly care facilities, and hospitals have a duty to proved reasonable care including taking steps to prevent bed sores from forming.
Below you will find example verdicts and settlements to highlight how the various factors mentioned above fit together to determine the value of a case:
- $300,000 — an 88-year-old man in a nursing home developed sacral and buttock bed sores after being in bed for 40 days before his eventual death. His wife claimed that the sores were caused by neglect. The case settled for $300,000.
- $500,000 — an 89-year-old man developed stage II bed sores after just four weeks of staying at a nursing home. When he was taken to the hospital to be treated for his bed sores, his condition worsened, and he soon died due to infection. The man’s estate sued both the nursing home and the hospital for negligence. The case settled for $500,000.
- $415,000 — an 84-year-old woman nursing home resident was admitted to the hospital for many symptoms, one of which was a stage IV bedsore. She died approximately a month later after the bed sore had become infected. The woman’s family filed a wrongful death claim alleging that the nursing home did not take the necessary care that could have saved her life. The defendants responded with claims that the woman was failing to thrive and they could not have done much to ensure her survival. The case settled for $415,000.
- $990,000 — an 88-year-old woman developed bed sores all over her body. She developed stage IV ulcerations of the sacrum, left lateral foot, right lateral foot, and right heel while under the care of a nursing home. She suffered from the bed sores almost for two years before her death. Her estate filed a lawsuit against the nursing home claiming that the woman was not properly or consistently monitored. The case settled for $990,000.
- $2 million — a woman died in a nursing home due to a variety of reasons, one being severe bed sores. Her family filed a claim for negligence and wrongful death against the nursing home with allegations that the facility did not hire enough personnel to humanely care for all residents. The family was awarded a $2 million verdict.
- $7 million — a nursing home resident died from many medical reasons. One of these reasons was severe bedsores. The resident had developed 35 bedsores over the course of two years. The family filed a claim, and they were awarded a verdict of $7 million.
- $10,345,000 — a 55-year-old man underwent hip surgery and was being rehabilitated at a nursing home. Due to an infection at the site of his surgery incision, he had to be hospitalized for about a month and later died. His family filed a lawsuit claiming that the facility should have provided a special mattress and special boots to prevent the man’s bed sores. Additionally, the family claimed that nurses falsified medical records to show that the man did not have bed sores. The family was awarded a verdict of $10,345,000.
- $13.2 million — an 87-year-old woman fell and dislocated her shoulder. She was admitted to a nursing home for rehabilitation purposes. Within three months of her stay in the nursing home, she developed stage IV bedsores and displayed other signs of decreasing health. Her family filed a lawsuit for wrongful death claiming that the nursing home was severely understaffed, so much that they could not properly care for their patients. Because facility records proved this claim, the family was awarded a $13.2 million verdict.
- $20 million — a nursing home resident was admitted due to dementia. He later presented signs of malnourishment and dehydration. Because he was bedridden for a long time, he developed bed sores that soon became infected with gangrene. The lawsuit resulted in a $20 million verdict.
- $29.1 million — a 79-year-old woman was living in a nursing home because of her dementia. She was taken to an emergency room because of a fall; however, doctors discovered a severe bed sore. Although she underwent treatment for the injuries caused by her fall, she died within the month due to her infected bed sore. The woman’s daughter sued the nursing home claiming that they failed to regularly reposition her mother and take the proper precautions to prevent the bed sore. The daughter was awarded a $29.1 million verdict.
Legal Assistance – Free Second Opinion
: If you would like to receive legal assistance regarding bed sore injuries from a qualified attorney who can evaluate your case and determine a potential estimate, call our law firm today. You may already have an attorney who is handling your case, but there is a chance you are dissatisfied with his performance. He may be acting in bad faith by misrepresenting you, for instance, or he may be trying to net you a quick settlement so he can receive a paycheck. This tendency to speed through cases only helps the lawyer and the insurance company and leaves the victim hurting for compensation.
Free 2nd Opinion
Clients often come to us with questions about the average payout for a bed sore lawsuit. They may have legal representation already, but they are unsure if their current lawyers are acting in good faith. Their attorneys may not actually be skilled medical malpractice lawyers, and they could have no idea how to navigate that area of law. In truth, many attorneys will take on numerous claims at once and do the smallest amount possible to bring a settlement to the victim. They will not fight very hard or negotiate very aggressively. For these attorneys, it is more efficient and worthwhile to accept the first offer from the insurance agency so that they can collect their checks and move on to the next claim. They may pressure you into trying to accept the first offer, which might not cover all the expenses at all. The hospital won’t even pay for all of the treatments, and the insurance company won’t have to issue a large amount of compensation.
If you call us with information about your case, we will give you a free second opinion on the status of your claim. If we believe you can earn more than what your current lawyer is claiming, we will give you advice on what route is best for you to follow. We believe that all clients should have fair representation and should not be placed behind the earnings of a law firm. If you want to switch legal representation, it is totally free to do so, and we will welcome you with open arms.
Free Consultation: All of our clients are entitled to free consultations on their cases. We are willing to sit down and talk through your case with you wherein we will discuss your injuries, possible compensation, and what the best course of action is moving forward. Your case evaluation can give you all the information you need to make a knowledgeable decision on your claim. We also offer you a zero fee guarantee when you take us on for legal representation – you do not spend any of your own money for our services. Our payment comes only if we win your case, and it’s taken from the settlement we earn for you. If we lose, you don’t owe us a cent.
Contact our law offices today for more information.
National Institute for Health – Pressure Ulcers Prevention and Treatment
Patient and Care Giver Guide