Average BedSore Settlement: Value of Pressure Ulcer Lawsuit

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.

Read Also

– 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. Call us today to receive a free second opinion on your case. All of our advice and discussions are completely confidential. You can ask any questions about your case and we will tell you if we believe your current lawyer is working in your best interests or if he is acting in his own interests. If we feel that we can earn you fairer compensation, we will tell you. 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. More Information: National Institute for Health – Pressure Ulcers Prevention and Treatment Patient and Care Giver Guide

On Dec 6, 2018 I fell into a coma and was rushed to the hospital.

It was told to me by my mother that the first doctor who over saw my care stated to her that I wouldn’t make it and that she should call all my relatives to come see me for the last time, my mother said well I’m going to believe God for a miracle and the doctor replied to her that he’s believing he’s going to win the lottery, which was rude and negative.

I was in the hospital for 23 days until Dec 29, 2018, after I came out of my coma which lasted about a week as told to me by my mother, I then began to try and gain my strength back as well as my memory, well to make a long story short, after spending sometime in ICU, I was then moved upstairs on the 3rd floor I believe, so while up there I ask my mom for a comb because my hair had not been combed since Being at the hospital, I also ask her for a finger nail clipper because my nails had also grown so long.

she then looked in her purse and gave me a white comb and the clippers, while combing my hair I realized that there was a contusion on the top of my head which was not there before coming to the hospital, so after my mother left I wanted to get some rest so I fell asleep, the next time I woke up I found myself back in the ICU with a tube down my throat preventing me from talking as well as hand restraints preventing me from moving my hands above my chest.

My mother had been coming by everyday to check in on me and pray, so she came by and while in my room she told me that the hospital had me face down on the bed for about 36 hours, she also told me that they placed me in a medically induced coma, which I found to be very strange and within myself I felt something just wasn’t right because I didn’t know anything about that and wasn’t informed the night before, my mother said when she was called that it wasn’t explained to her the way she saw me when she visited me, she stated she had to leave because she couldn’t take it that I was laying face down unresponsive.

The stuff that started happening to me from that point on had gotten even more crazier and interesting, I was disrespected by a night CNA whose name was Rick I do believe, I ask him for a writing instrument and a writing pad by motioning him with my hands because I couldn’t talk due to the tube down my throat, I wanted to share something with him, because I saw I could communicate through writing because the restraints were loose enough to do that, but he took an attitude toward me and said they could do that with a frown on his face, I then threw my hands up as high as I could asking him why with a frown on my face, he then tells me in a very very mean voice that I better settle down before he tighten my restraints even more, I then turned my head away from him.

Later on the nurse came in I believe her name was Amy, she wore black large glasses, I asked her for a writing instrument and a pad to write on, she went and found each of these items and I shared with her what happen with the CNA, I wrote Rick is mean, she said that’s just his personality and I shook my head as in no and gave him 2 thumbs down, she informed me that he will no longer be in my room, she then said let me take those restraints off of you because she saw one was broken already, I thanked her by giving her a thumbs up.

Ok so now I no longer have a tube down my throat and fast forward ahead on another day I had a nurse name John, I knew him by name because I had him before, he was a good nurse until I started asking him questions about my contusion on the top of my head, I said to him that it feels like somebody hit me on my head and he said well it wasn’t me and stormed out of the room and I never saw him again that night, even after I pushed the nurses call button, but instead this guy in a cap and sunglasses comes to my room with a rude attitude asking me what I wanted, I said to him I wanted John, he then says he’s busy right now and asked what is it I needed? I said I pooped and I need to be changed, he then said with and attitude that it’s going to be awhile, well John never came back and I laid in poop all night until the morning nurse came on.

Then on another evening this nurse was briefed by the day nurse but she came in my room about 25 minutes later, she started off rude by saying to me like it was an after thought, oh by the way your parents will not be up here tonight, so I asked her for the phone in my room so I could call to confirm that and when I got them on the phone they said they called to check on me and were told that I was doing fine and then told nurse to tell me that they wouldn’t be coming tonight instead of transferring the call to me room, I didn’t confront the nurse about this and just left it alone, as the night went on I instructed the nurse to keep me informed of everything she was putting down my IV, of course she didn’t and we got into a small argument, she then comes back later in my room and says to me that she was told that I had some bad skin in my penis area and that she had to check it and I asked her well why didn’t any other nurse tell me this? her reply well they should have because it’s apart of our training and then pulls my gown up and just starts fondling with my penis and wiping between my legs and finding nothing, after she did that I heard her ask someone can they gas me and they said no and then she said I agreed to let her check me down there which was a lie.

The next day I was taken to the 6th floor, I was no longer in ICU, I was happy to be moved, while on the 6th floor I kept asking what was this contusion on the top of my head, but no one had an answer they keep blowing me off, then I pulled part of the scab off and then the nurse came in my room and was frantic and said what happen with all the blood on your pillow? I informed her that I pulled the scab off and that’s when I couldn’t believe what came out of this nurses mouth, she ask me wasn’t the contusion from my previous fall, and I’m thinking that fall was Nov 5th and I said that’s how y’all are going to spine this, like it happen when I feel on November 5, 2018 and bumped the lower part of my head close to my neck and went to PeaceHealth ER because I was bleeding to have it checked out, which it turned out to be a scrape the size of a pinhole and the nurse stated that it would heal really fast and that no stitches are needed, so I was discharged and went home, I really can’t believe that Legacy would pull that on me as if the contusion on the top of my head was my fault, so now I was being moved again this time in the women maternity floor which I was told that it was their overflow floor, while there I asked the doctor that came to see me Dr. Ly what is this on top of my head that no one cares to explain, he looked and said I have someone come dress it up, that person never showed up then the nurse said that the sore on the top of your head happen when you feel a home right, my reply to her was oh it did that’s interesting, from that point on I was done asking about it, which I later found out that it was a bed sore, why was that so hard to tell me? So now I’m left with a permanent scare on the top of my head where hair won’t grow.

Thx
L W