Discovering a bed sore on a vulnerable loved one can bring anger, shock, and guilt. You trusted the nursing facility to provide your family member with the care they deserve, only to learn that they were neglected to the point they’ve suffered physical harm.
Bed sores can develop in nursing homes, assisted living facilities, hospitals, and other healthcare settings throughout Palm Beach Gardens. A loved one may also receive treatment for an advanced pressure injury at a regional facility such as Palm Beach Gardens Medical Center. Wherever the injury occurs, caregivers have a responsibility to recognize patients at risk and take reasonable measures to protect them; any failure to do so could leave them liable in court.
It’s important to remember that advanced bed sores are not minor scrapes or ordinary skin irritation. Deep pressure injuries can destroy skin, muscle, and other tissue, causing severe pain and exposing vulnerable patients to dangerous complications such as bone infections and sepsis. A Palm Beach Gardens bed sores lawyer can investigate whether neglect allowed the wound to develop or worsen and help your family pursue accountability through a personal injury claim.
Bed Sores: What Are They?
Bedsores, also called pressure ulcers, are wounds caused by prolonged pressure on the skin and underlying tissue. They are typically linked to bedridden individuals who are unable to rotate or move their body to relieve that pressure.
How Bed Sores Happen
Bed sores commonly develop over bony areas such as the tailbone, hips, heels, ankles, and elbows. If a patient is left in the same position for too long, the continuous pressure can interfere with circulation and eventually damage tissue.
Caregivers must identify patients at increased risk and take appropriate preventive measures, including regular repositioning and skin checks. Once a pressure injury appears, it’s vital that it be treated promptly before it gets worse.
The Physics of a Pressure Ulcer
Pressure ulcers often develop beneath the skin before the full extent of the damage becomes visible.
- Ischemia (Blood Starvation): If a patient remains in the same position for an extended period, their body weight can compress tissue between a bone and the mattress, restricting their blood flow and cutting off oxygen.
- Tissue Death: If the pressure continues, oxygen-starved cells can become damaged and eventually die. These injuries can progress beneath the skin’s surface, meaning they might not be entirely visible.
Why Bed Sores Happen
Pressure is not the only factor that can cause or worsen a bed sore. There are other factors that caregivers have to take into account, including:
- Friction: Friction occurs when skin repeatedly rubs against bedding, clothing, or another surface.
- Shear: Shear can occur when the head of a bed is elevated and the patient’s body slides downward while the skin remains relatively fixed against the sheets. This opposing movement can stretch and damage tissue and blood vessels beneath the skin.
- Moisture: Prolonged exposure to moisture can weaken and irritate the skin. If caregivers fail to provide timely hygiene and incontinence care, fragile skin can become more susceptible to breakdown.
Why Bed Sores Signal Neglect
People naturally shift their weight throughout the day and night, often without realizing it. These movements relieve pressure on the skin and help maintain healthy blood flow. When a patient can’t make these small movements on their own, they face an increased risk of bed sores.
Many nursing home and hospital patients depend on nurses and aides to recognize the risk of bed sores and provide appropriate preventive care. If staff members repeatedly fail to provide this care, prolonged pressure can cause preventable tissue damage. A bed sore can therefore raise serious questions about whether the facility followed the resident’s care plan, performed required skin assessments, and provided adequate repositioning and hygiene.
Not every pressure injury is evidence of neglect, especially when it comes to patients who are already at high risk for pressure ulcers and skin breakdown. However, an advanced or worsening bed sore should never be dismissed as an ordinary consequence of aging. Our Palm Beach Gardens bed sore attorneys can investigate to determine whether negligence was a factor.
What Should You Do When a Bed Sore Is Discovered?
The steps you should take after discovering a bed sore on your loved one include the following:
Demand Immediate Medical Attention
Never assume the nursing staff is aware of the bed sore or that they have an adequate treatment plan in place. Ask to speak directly with the Director of Nursing or facility administrator and request an explanation of when staff discovered the wound and what treatment they have provided. You should ask a medical professional for an assessment right away to determine how serious the ulcer is. This could lead to calling 911 if it appears to be an emergency situation.
Document the Injury
If you can do so safely, photograph the bed sore. Take a wider photograph showing its location on the body and closer images documenting its appearance, size, and color. A ruler or another familiar object can be useful to provide scale as long as you don’t touch or contaminate the wound.
Request Medical and Care Records
Ask for records relevant to the resident’s pressure-injury prevention and treatment. These may include the current care plan, skin assessments, and any other records related to your loved one’s wound care.
Report Suspected Neglect
A serious bed sore can justify an independent investigation into the care your loved one received. You can report concerns about a Florida nursing home to the Florida Agency for Health Care Administration (AHCA), which regulates and licenses healthcare facilities in the state.
Consult a Bed Sore Attorney
Before signing releases or settlement documents from the facility or its insurer, consider speaking with a Palm Beach Gardens bed sore lawyer. An attorney can investigate the wound’s development, obtain records, examine staffing and care documentation, and determine whether neglect contributed to the injury.
What Florida Laws Apply to Bed Sore Claims?
Our attorneys have a deep understanding of the rules and regulations governing pressure ulcer injury lawsuits. The following Florida laws apply to bed sore claims:
Two Types of Claims: Negligence and Nursing Home Bill of Rights
Some bed sore cases involve negligence or medical malpractice. A claim may focus on a provider’s failure to meet the applicable standard of care by failing to assess pressure-injury risks, reposition a patient, treat an existing wound, or respond to signs of infection.
Additionally, Florida’s Nursing Home Reform Act provides nursing home residents with specific statutory rights. These include the right to adequate and appropriate healthcare and the right to remain free from neglect. Your loved one could pursue a personal injury lawsuit based on a violation of this act.
How Long Do You Have to File a Bed Sore Lawsuit in Florida?
For claims brought under Florida’s nursing home statute, you generally have two years from the incident or from when the incident was discovered or should have been discovered.
These deadlines are strictly enforced, and filing after the deadline will likely mean walking away empty-handed. The good news is that our attorneys can answer your questions about the time limits in your case and ensure you file before the deadline.
What Compensation Is Available for a Bed Sore Injury?
A bed sore claim seeks compensation for harm caused by negligent care. Depending on the circumstances, damages may include:
- Medical expenses
- Hospitalization and treatment for infections
- Physical pain and suffering
- Emotional distress
- Additional care made necessary by the injury
- Relocation costs
How Do Healthcare Providers Evaluate Bed Sore Risks?
A key part of these claims is understanding how medical professionals evaluate bed sores and the risks that lead to them. Our attorneys can help you understand these concepts as we prepare your case to move forward.
The Braden Scale
Healthcare providers commonly use the Braden Scale to assess pressure-injury risk. It considers factors such as mobility, activity, moisture exposure, nutrition, sensory perception, and friction or shear. A high-risk assessment should lead to an appropriate prevention plan rather than simply becoming another entry in the resident’s chart.
The Four Stages of Bed Sores
Bedsores can become progressively more destructive as tissue damage deepens:
- Stage I: The skin remains intact but develops persistent discoloration or redness and may feel tender.
- Stage II: Partial skin loss creates a shallow open wound or blister-like appearance.
- Stage III: Full-thickness skin loss can expose underlying fat and create a deep wound.
- Stage IV: Extensive tissue loss can expose muscle, tendon, or bone and creates a substantial risk of serious complications.
How Can You Report a Palm Beach County Nursing Home?
You don’t have to rely solely on the facility to investigate your concerns about your loved one’s bed sores. The Florida Agency for Health Care Administration (AHCA) regulates nursing homes and maintains a field office responsible for Palm Beach County, and it’s their obligation to look into these cases. What’s more, filing a regulatory complaint does not prevent you from separately speaking with an attorney about a civil claim.
Reach Out to Fogg Law Group Today
At Fogg Law Group, our team understands how distressing it can be to learn that your loved one is suffering from pressure ulcers. If their condition is related to abuse or neglect, it’s our goal to help you hold them accountable. Contact a Palm Beach Gardens bed sores lawyer today for a free consultation.
Frequently Asked Questions
Are Bed Sores Just a Normal Part of Aging or Being Bedridden?
No. Immobility increases the risk, but appropriate assessment, repositioning, skin care, and other preventive measures can prevent many pressure injuries.
Who Can Be Held Liable for My Loved One’s Bed Sore?
Depending on the circumstances, potential defendants may include a nursing home, healthcare facility, medical provider, or another party responsible for the resident’s care.
How Much Is a Bed Sore Lawsuit Worth in Florida?
The value depends on factors such as the severity of the bed sore, medical complications, treatment costs, pain and suffering, and evidence of neglect.
What If My Loved One Already Had a Minor Bed Sore When They Entered the Nursing Home Facility?
The facility still has a responsibility to provide appropriate care. A claim may arise if negligent treatment allowed an existing pressure injury to worsen significantly.
The Nursing Home Claims They Are “Understaffed.” Does That Protect Them From a Bed Sore Lawsuit?
No. Staffing problems do not excuse a facility from its responsibility to provide residents with appropriate care.