Bed sore cases can be worth as much as one million dollars or even more. The key to recovery is analyzing (1) how much you were injured by the bed sores and (2) how you can present that damage to the jury. The law allows you to state a claim for damages for exactly as much injuries as the incident caused you.
What Must I Prove To Win A Chicago Bed Sore Claim?
This depends on the type of case that you bring. Normally, bed sores claims involve nursing home negligence, medical malpractice, and wrongful death cases. In a negligence action, you must show that the defendant 1) owed you a duty; 2) the defendant breached that duty; 3) you suffered injuries; and 4) the defendant’s breach caused those injuries. Medical malpractice actions are similar to negligence actions. In these suits, you must show that 1) a patient-provider relationship existed between yourself and the defendant; 2) the defendant owed you certain standard of care; 3) the defendant failed to provide you with that standard of care; 4) you suffered injuries; and 5) your injuries were because of the defendant’s failure(s). Finally, in wrongful death actions, you must prove that 1) your spouse or loved one died; 2) the defendant caused the death; and 3) the death caused you damages.
What Can I Recover In A Bed Sore Claim In Illinois?
If you are successful in your Illinois bed sore claim, you can receive a number of items in compensation. Here are the most common areas of recovery:
- Hospital, prescription, ambulance, physician consultations; and rehabilitation expenses.
- Travel costs.
- Costs for care and living assistance.
- Costs for increased pain and suffering.
What Have Others Recovered In Bed Sore Cases?
Here are some examples of what others were to achieve in their bed sore cases around the country:
- NEW JERSEY, FEBRUARY 2014: $500,000 SETTLEMENT.
In this case, an elderly man was sent to a hospital after staying in a nursing home for approximately one month. He had bed sores in Stage II by this time. While at the hospital, the man’s bed sores progressed and began to seep down into his bones. He died not long thereafter of sepsis. His estate sued the hospital and nursing home for various statutory and negligence claims. Both defendants denied all of these charges; yet, they decided to settle.
- CALIFORNIA, MAY 2010: $29,100,000 VERDICT.
This suit involved a woman in her late seventies who was battling Alzheimer’s. Apparently, while living at a nursing home she fell but the facility staff did not discover this for over a week. She was soon transferred to a hospital where the medical personnel determined that she also had bed sores. Despite surgery to repair these injuries, she died not long after from an infected bed sore. Her estate sued the nursing home and won a sizeable verdict.
- ILLINOIS, DECEMBER 2012: $575,000 SETTLEMENT.
The victim in this dispute was an elderly woman who had been transferred to a nursing home after suffering a stroke. She was at risk for bed sores upon her transfer. In fact, she already had some bed sores. Yet, the nursing home staff took little action and as a result the woman sustained infections, dehydration, and other injuries prior to passing away. The estate sued the nursing home for these events and received a settlement.
- PENNSYLVANIA, MARCH 2013: $2,000,000 VERDICT.
In this tragic story, bed sores were the perpetrator of a woman’s death in addition to related complications like infection and malnutrition. After the lady passed away, her estate sued the nursing home where she living prior to her death. The estate charged the facility with many allegations including a failure to implement proper precautions and a failure to hire enough employees to prevent bed sores. A jury awarded the plaintiffs with a large award.
Still Wondering What Your Bed Sore Claim Could Bring You?
Rosenfeld Injury Lawyers has worked to help victims across Illinois get all of the compensation that they deserve for their bed sore claims. We can do that for you too. Our team is knowledgeable, skilled, and resourceful. Let us put all of that to work on your behalf. Call us today for a free consultation. Someone from Rosenfeld Injury Lawyers can help you through the entire process step by step.
To learn more bed sore claims in Illinois, read the following articles: