Hospital Bed Sore Lawyer
Are you the victim of a facility-acquired bedsore caused by nursing neglect? At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys represent hospital or nursing home patients harmed by the nursing staff.
Call our bedsore injury lawyers today at (888) 424-5757 (toll-free phone call), or use the contact form to schedule a free consultation and tell us what happened. Then, let's hold those responsible for causing your harm legally and financially accountable for their negligence.
Every year, for thousands of patients, hospitalization turns into a lingering nightmare when they develop pressure sores during their stay. Some hospitals have put a premium on medical research and technology at the expense of providing hands-on care for patient's overall medical needs.
Developed bedsores result from pressure on the skin in an affected area like the back of the head, shoulders, elbows, hips, sacrum, heels, ankles, and toes. The health of many victims who suffered pressure ulcers could have been better managed had the staff not allowed the sore to develop from restricted blood flow.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are committed to prosecuting bed sore lawsuits when the victim acquired developed bedsores while at the facility. Our personal injury lawyers prosecute the case to the full extent possible under Illinois medical negligence law.
Before you accept that your loved one's hospital bedsore was unavoidable, contact our bed sore attorneys to advise you of your legal options. Talk to us now for a free case review.
Hospital's Responsibility to Look After Patients' Medical Care Needs
Hospital staff must remember that many of their patients' medical complications result in a physical disability that increases their risk of developing bedsores. Further, providing quality medical care requires them to assess the patient as a whole instead of treating the acute condition for which they may have been initially admitted.
Recognizing the importance of hospitals to take steps to prevent the development of pressure sores in their patients, Medicare has included stage 3 and 4 pressure sores on its list of 'Never Events‘—or complications that are so quickly preventable with essential attention and care that they should never occur in the first place.
As a result, beginning in 2008, Medicare and some primary health insurers have refused to reimburse hospitals for any charges related to the care of hospital-acquired pressure sores.
When hospitals fail to provide primary care for their patients, and in turn, the patient develops bedsores, also called pressure sores or decubitus ulcers, during their hospital stay, the patient or his family may be entitled to pursue a medical malpractice lawsuit against the facility for the resulting pain, disability, and medical expenses.
Bed Sores Increasing in Many Healthcare Settings
In the last almost two decades, even though technology and medical breakthroughs are common, the incidence of pressure sores has increased. According to the Agency for Healthcare Research and Quality, the total number of hospital stays due to pressure sores has increased almost 80% since 1993.
In 2006 there were over half a million hospital stays for pressure sores as the diagnosis.
Although some of these cases involved people admitted to the hospital with a pressure sore as the primary reason for admission or as a co-existing condition, there are also "secondary" pressure sores that may have resulted from the hospital stay itself. About 90% of the pressure sore hospital stays were patients admitted for other treatment.
Compared to all other conditions treated at a hospital, bedsores are more likely to result in admission to a long-term facility, such as nursing homes or assisted living facilities. Unfortunately, they are also more likely to have fatal results.
For example, nursing home patients admitted to the facility with a pressure sore have a 50% mortality rate at the end of one year versus 27% of those without bed sores.
Statistics show the nursing home residents are more likely to develop pressure sores and decubitus ulcers than hospital patients. Common contributing factors involving nursing home residents developing bedsores include common nerve disorders, a lack of pain receptors, and thinner skin.
Hospital Malpractice Awards
$5,000,000 Settlement; Hospital Malpractice; Lake County, Illinois
The estate of a 47-year-old woman with three children who passed away while under the care of a hospital filed a civil lawsuit against the facility. During her stay, the doctors had prescribed a course of opioid treatments, including Norco and OxyContin.
The doctors also ordered a regimen of testing, including one test where the radiologist reported possible ileus, a bowel complication that prevents proper contractions limiting the body's ability to remove waste.
The decedent's medical malpractice attorneys argued that the hospital and medical professionals were responsible for her death. The law firm sought compensation for the tragedy of her death and the toll that would place on her family, along with lost income in medical bills.
The defendants agreed to settle the matter for $5 million to resolve the lengthy lawsuit involving negligence. Of that total, $500,000 was allocated for damages related to the survival action. The rest was compensation for the wrongful death cause of action.
$475,000 Settlement; Hospital Malpractice; Will County, Illinois
The wife of a 48-year-old recently deceased patient filed a civil lawsuit in Will County, Illinois, claiming hospital negligence. Doctors had released her husband from care after undergoing tibia fracture surgery and follow-up rehabilitation.
However, the patient's physicians failed to diagnose and treat him for deep vein thrombosis, although he was assessed for higher risk for that medical condition.
The doctors fail to prescribe anticoagulants and other medications. Consequently, the patient suffered a pulmonary embolism and died one week after his discharge from the hospital.
The plaintiff (the patient's wife) alleged that the doctors negligently cared for her husband, citing the example of not prescribing the proper medications. Also, she claimed that the hospital did not employ a sufficient monitoring or supervising system that could have protected her husband.
The deceased patient's wife stated that, in her opinion, these errors caused her husband's death. However, at trial, the defendants illustrated that the man's cardiomyopathy would have reduced his life expectancy anyway.
The strength of the case's evidence and facts shortened the process, proving negligence and wrongful death, leading to a negotiated settlement. Additionally, the plaintiff's medical malpractice attorneys articulated stark errors made by the defendants that led to the relatively high settlement figure of $475,000.
$950,000 Settlement; Hospital Malpractice; Macon County, Illinois
A 40-year-old male patient's family filed a civil lawsuit against the hospital, specific doctors, and the treating staff. The patient suffered from severe medical issues, including diabetes, vascular disease, obesity, and lung problems.
Doctors sedated the patient to drain a cyst that formed in his body. However, he was given too much sedation liquid. That error caused him to go into cardiopulmonary arrest. Eventually, he suffered a brain injury from a lack of oxygen and died.
His wife sued the hospital, doctors, and medical staff, claiming hospital negligence that led to her husband's death. Her complaint listed how the defendants' actions veered from the norm within the medical community, claiming that the defendants could not explain their deviation.
The personal injury case eventually settled out-of-court, providing the plaintiff $950,000 in this Illinois hospital malpractice lawsuit for all medical expenses, hospitalization, doctor bills, funeral & burial costs, grief, loss of consortium, pain, and suffering.
$3,000,000 Settlement; Hospital Malpractice; Will County, Illinois
A five-year-old patient required blood transfusions regularly due to her medical condition. However, on one particular occasion, the doctors failed to notice that she was sick during treatment.
The combination of her illness and the transfusion led to grave consequences when she began showing signs of respiratory distress. A medical professional intubated the young child, but she passed away while under the care of physicians at the hospital.
She was survived by her father, who sued the hospital, doctors, and medical team, alleging that they should have checked her general health before giving her a transfusion.
The decedent's family informed the courts that the hospital's oversight was sufficiently negligent, leading to wrongful death. The defendants filed a reply dismissing liability, pressing the court to agree to their motion.
However, at the jury trial end, the defendants were more amenable to negotiating, agreeing to resolve the personal injury lawsuit for a reported $3 million. The hospital's insurance provider paid roughly $2.7 million of the negotiated amount, and the primary care physician and their insurance companies paid the rest.
$6.5 Million Jury Verdict; Hospital Malpractice
A 67-year-old man who fell off a roof and was paralyzed from the waist down died from complications involving a pressure sore at the base of the spine. While the male patient received care at the medical center, he developed bed sores in an advanced stage, suffered from malnutrition, and lost nearly 50 pounds.
His diagnosis identified a stage III pressure ulcer that his estate's attorneys claim was caused by medical staff negligence. Initially, the case was filed as medical negligence but was later amended to a wrongful death after the man died from "complications of paraplegia."
The decedent's family argued that the Medical Center's negligence caused his pressure ulcer development, leading to his irreversible state of deterioration. The jury agreed with the plaintiffs' (the decedent's family members) elder abuse attorneys and awarded two separate sums.
Each family member was awarded $1 million, totaling $3 million, for the wrongful death lawsuit along with $3.5 million more under the state's Adult Protective Services Act, protecting vulnerable adults from hospital neglect and abuse.
Part of the massive award will go to the decedent's insurance company and Medicare to reimburse his medical costs.
$13 Million Jury Award; Nursing Home Negligence
An 87-year-old woman was transferred to a nursing home after being hospitalized for a shoulder dislocation after falling in her home that left her immobilized. The nursing staff provided short-term rehabilitation.
However, she developed a massive stage IV bedsore in three months, lost 20 pounds, and required ongoing surgical procedures, including bedsore debridement, bone shavings, and a colostomy.
The nursing home resident's health deteriorated in just over three months, requiring hospitalization to undergo additional debridement procedures under general anesthesia.
The nursing home resident succumbed to her injuries. Her estate filed a civil lawsuit against the nursing home, alleging that understaffing and negligence led to her decubitus ulcers that eventually claimed her life.
The woman's nursing home records indicated a lack of proper care involving bathing, feeding, body repositioning, and turning that was not performed according to her Care Plan. Accordingly, the jury agreed to a $13,213,000 award that included $5 million in compensatory damages and $8,213,000 in punitive damages awarded to punish the facility for its negligent and egregious behavior.
Pressure Sores and Nursing Home Abuse
In 1987, the U.S. Congress enacted the Nursing Home Reform Act. The Act established numerous rights for nursing home residents, including the right to privacy, the right to communicate freely, freedom from nursing home neglect, and freedom from abuse.
Legislatures nationwide have enacted their state's Nursing Home Reform Act, including in Illinois, holding medical facilities accountable for their patients' preventable nursing home abuse, neglect, and health complications.
According to data, more than 150,000 nursing home residents are at risk of developing pressure ulcers and acquire bed sores every year that could have been prevented had the nursing staff followed protocol. The statistics also reveal that more than 35% of those nursing home residents with pressure ulcers had a condition so severe they needed immediate hospitalization.
Medicare and Medicaid have developed policies to guide hospitals and nursing homes in preventing and treating bedsores acquired at the facility. The federal agencies deem all bedsores as preventable, meaning the staff must take measures to minimize the potential of pressure sore development and assess higher-risk patients due to their medical conditions.
Get Legal Help from a Medical Malpractice Attorney to Resolve Your Bed Sore Claim
Were you, or a loved one, injured by the medical staff in a nursing home or hospital? Did you acquire a preventable pressure wound caused by substandard care?
At Rosenfeld Injury Lawyers, LLC, our hospital malpractice attorneys can help you pursue your financial claim to ensure you are compensated for your damages. Call us at (888) 424-5757 (toll-free phone call) or use the contact form today for free legal advice and schedule a no-obligation consultation.
Surviving family members who lost a loved one through medical malpractice can seek financial compensation by filing a wrongful death claim. Qualifying family members typically include spouses, children, parents, and grandparents who need compensation to pay for medical bills, funeral & burial costs, lost wages, and future lost earnings.
We accept all personal injury cases on a contingency fee basis, meaning you owe us nothing if we cannot obtain compensation for your damages. In addition, all confidential or sensitive information you share with our law office remains private through an attorney-client relationship.
Our nursing home abuse lawyers can protect your right to receive maximum compensation and hold the negligent party accountable.
- Hospitalizations Related to Pressure Ulcers among Adults 18 Years and Older, 2006
- Steps to reducing hospital-acquired pressure ulcers
Many million-dollar lawsuits have been resolved on behalf of injured victims of bedsore negligence. Call us today at (888) 424-5757 to learn how you can obtain the financial compensation you deserve for your injuries.