One of the most notorious injuries that can happen at nursing home facilities is bed sores. These painful and avoidable injuries occur due to prolonged pressure on the same area of the skin. They are common in nursing home settings because many residents are bedridden or unable to move around freely. In order to prevent bed sores from occurring, nursing home staff must conduct routine monitoring and repositioning of a resident’s body, and they must notify a medical professional in the event that sores begin to develop. Unfortunately, nursing home negligence is all too common. Many nursing homes fail to provide residents with the care and supervision that they require, leading to painful and sometimes lasting injuries. At The Grife Law Firm, our Boca Raton bed sore lawyers take great pride in representing victims of nursing home negligence and holding careless or reckless facilities responsible.Establishing Liability in a Bed Sore Lawsuit
Also known as pressure ulcers, pressure sores, and decubitus ulcers, bed sores are most common on bony areas of the body, like the hip, tailbone, ankles, and heels. Florida laws provide specific protections for nursing home residents, which encompass a right to receive adequate medical attention. According to Florida Statute 400.022, nursing home residents enjoy a “bill of rights,” and Florida Statute 400.023 provides nursing home residents and their families with the right to bring a civil lawsuit against a nursing home facility that fails to respect these rights. When it comes to bed sores, the statute requires nursing homes to ensure that residents are free of any type of physical abuse and that they receive the services that they need to maintain their health and general well-being. They are also allowed to participate in their medical care, to maintain private communication, and to report grievances without the fear of facing retaliation. A bed sore attorney can advise Boca Raton residents and others on the various legal options that may be available if one of these rights has been violated.
Although the majority of bed sores can be prevented through routine observation, rotation, and adjusting of the body, there are some instances in which a bed sore may be unavoidable. But, even in situations in which it was medically impossible to prevent a bed sore from developing, a nursing home facility has a duty to provide adequate medical care to treat the condition. This may include involving the resident’s treating physician. If a nursing home staff member fails to report that a resident has developed bed sores or that existing bed sores are worsening, they have failed to provide adequate care. Additionally, instances in which the nursing home staff ignores a resident’s indications that they are developing bed sores and experiencing discomfort would constitute a breach of the duty of care that the facility owes to each resident.
After establishing that the nursing home facility engaged in negligent or reckless conduct, the plaintiff must show that the bed sores and any related injuries were a direct result of the breach of due care. Next, the plaintiff will need to submit evidence showing the amount of compensation that they are entitled to receive, including medical expenses and estimated future medical care. In instances in which the plaintiff can demonstrate that the nursing home engaged in intentional, malicious, or reckless conduct, the plaintiff can seek punitive damages, which is a separate category of damages designed to punish defendants for egregious conduct while deterring others from engaging in similar behaviors.Dedicated Bed Sore Lawyers Serving the Boca Raton Area
Nursing home negligence is one of the most devastating types of harm that can befall a victim. Although many elderly people remain independent throughout their final years, others are far more vulnerable and require daily care and assistance. If you or a family member has been abused or neglected in a Florida nursing home, the knowledgeable Boca Raton bed sore attorneys at The Grife Law Firm are ready to help you assert your rights. We also assist people in South Florida cities such as West Palm Beach, Fort Lauderdale, and Miami, and we offer a free consultation with an injury lawyer to help you learn about your legal options. Call us now at 1-855-998-0770 or contact us online to get started.