Baltimore Bedsore Injury Attorney

Recoverable Damages in a Bedsore Claim

You could be entitled to receive compensation if you were a victim of nursing home neglect and developed bedsores. Bedsores can be a significant injury, and you or your loved one deserves to be compensated. 

Damages you could recover in a bedsore injury claim include: 

• Medical bills: Getting rid of bedsores may require long and extensive treatments. The treatments will require ongoing medical care, which can be costly. You could recover compensation for the doctor’s visits, medications, medical supplies, and other out-of-pocket costs for medical treatment, ensuring all expenses are covered comprehensively. 
• Pain and suffering: Bedsores can be very painful, with the pain lasting for a long time. You could be compensated for the pain, anguish, and discomfort that was caused by the bedsores. The emotional toll and loss of enjoyment in daily activities are also considered under this category. 
• Emotional distress: Being in physical pain for a long time could cause emotional distress. You may be fearful that you will develop another bedsore and be anxious at those thoughts. If you are suffering from emotional distress because of your bedsore, you could include these damages in your claim. This includes seeking professional mental health support and any related therapy costs. 

A Baltimore bedsore injury attorney at our firm can help you fight for these damages. We will calculate the value of your losses to determine how much compensation to seek in your claim. We utilize a detailed approach to ensure no stone is left unturned when assessing your claim's potential value. 

What Are Bedsores?

Bedsores – also known as “pressure ulcers” – are caused by long-term pressure on the body, which can create sore spots and tears in the skin. These wounds most commonly develop on the hips, back, and other areas that are subjected to pressure when sitting or lying down for a long time. The elderly may also face higher risks of bedsores than other groups, due to fragile skin and limited mobility. In addition to these, lack of rotation and poor handling by caregivers further compound the risk.

There are multiple stages of bedsore development, starting at stage one with red and tender skin that can be painful. As the skin continues to rupture, the wounds will begin to appear more like ulcers or blisters, and may even expose tissue, muscle, and bone as they worsen. Any person with limited mobility has an elevated risk of bedsores. Chronic conditions that impair blood flow or immunity, such as diabetes or vascular diseases, can also accentuate the risks.

Other bedsore risk factors include: 

• Age: Older people typically have thinner skin, which can increase the likelihood of developing bedsores. This thinner skin makes it easier for sores to progress rapidly if not monitored and managed properly. 
• Mental issues: If the resident suffers from Alzheimer’s or dementia, they may not be able to report if they are feeling pain in an area of their body. Comprehensive care plans should be in place to monitor individuals who cannot communicate their discomfort. 
• Lack of body fat: More pressure may be put on areas that have a lack of body fat, which could cause bedsores. Adequate nutritional support can help mitigate some risks associated with limited body fat. 
• Malnutrition and dehydration: Deficiencies in nutrients can increase your chances of sustaining bedsores. Poor nutrition also makes bedsores that have already developed difficult to treat. A lack of protein, zinc, or vitamin C can increase bedsore risks. Nutritional plans tailored to individual needs are often necessary. 
• Other risk factors: Other risk factors include low blood flow, diabetes, smoking, low immunity, and muscle spasms. Consistent medical evaluations and personalized care can reduce these risks significantly.

There is a reason that experts always refer to bedsores as “never events” or “sentinel events” among the medical community and independent hospital accreditation groups. Because these injuries are entirely preventable with appropriate care, hospitals and long-term care facilities have a clear responsibility to ensure that they never happen. Regular training and adherence to care protocols are crucial in preventing these injuries from occurring in the first place.

Despite this fact, the National Quality Forum (NQF) estimates that in 2006, pressure ulcers affected over 300,000 nursing home residents and cost Medicare over $13 billion – and those numbers have only continued to increase over the years. When understaffing and negligence lead vulnerable nursing home residents to develop bedsores, victims and their families could have grounds to pursue legal action. Understanding the staggering cost impacts further emphasizes the need for stringent care standards.

Stages of Bedsore Development

There are several stages of bedsore development, ranging from Stage 1 to Stage 4. In some cases, a Stage 4 pressure ulcer may become so deep that it is considered “unstageable” and must be cleaned before doctors can even assess its severity. Knowing the differences between these stages can assist in advocating for timely and effective treatment options.

A brief overview of the bedsore stages: 

• Stage 1: At the mildest stage, bedsores only affect the uppermost layer of the skin. The skin can be red, itchy, inflamed, or hot, and it may feel different from other areas on the body (either firmer or softer). Immediate relief techniques include reducing pressure and applying topical treatments to soothe irritation.
• Stage 2: When bedsores remain unnoticed and untreated, they dig deeper below the surface of the skin, creating an open wound or blister. The area will be swollen and red and possibly oozing clear fluid or pus, and even with immediate treatment, it could take up to 3 weeks to heal. Monitoring signs of infection like pus or increased inflammation is essential.
• Stage 3: At this point, the bedsore has delved into the fat layer beneath the skin tissues, bringing signs of infection such as bad odors and drainage. It will often look like a crater and have red or black edges where the tissue has died. A Stage 3 bedsore typically requires antibiotics and up to 4 months of healing. More intensive care and possible dressing changes are often necessary.
• Stage 4: Stage 4 bedsores affect the muscles and ligaments underneath the body’s fat layer and can take over a year to heal after treatment. These wounds will be very deep and show black edges, and you may be able to see muscle or bone. Seek emergency medical attention right away for these injuries. Advanced treatment plans and surgical interventions are often required.

There is no good excuse for a patient to have bedsores, which is especially true for Stage 3 and 4 wounds, which can require extensive surgery and aggressive antibiotics. Proactive care measures and diligent observation can prevent the escalation of a mild pressure area into a severe bedsore.

When you or your loved one has developed serious bedsores, it’s important to take photographs and videos of the sore as it changes over time. This will help for two reasons: First, it will document the severity of the bedsore injury, and second, it will establish a clear timeframe for your nursing home negligence claim, supporting the timeline of harm and care inadequacies.

Maryland Nursing Homes Must Prevent Bedsores

A person could prevent a nursing home resident from sustaining a bedsore in many ways. If the nursing home staff takes proper care of their residents, bedsores would not form. Implementing comprehensive care plans tailored to each resident’s needs is essential.

Several ways to prevent bedsores in a nursing home facility include:  

• Repositioning the patient who is bedridden or in a wheelchair the appropriate number of times per day to ensure pressure points are relieved regularly.
• Using different cushioning techniques when a patient is sitting in a wheelchair or a chair for a long time (like using a donut cushion) that redistribute pressure effectively, reducing the risk of sores. 

If a bedsore has already formed, there are ways to prevent it from getting worse or infected. Regular monitoring and applying appropriate treatments swiftly can minimize the severity.

This includes:  

• Applying creams on the bedsore and making sure the area stays clean to help in healing and reducing possible infections.
• If the wound becomes severe, there are surgical procedures that can close off the wound to prevent infection from progressing. Professional medical evaluation is vital at this stage. 

Nursing home facilities in Baltimore and throughout Maryland should be familiar with bedsore prevention techniques. If they are not following the correct procedures, this could be considered negligence. Ongoing staff training and audits are recommended to maintain high standards of care. 

Holding Negligent Nursing Home Staff Accountable

Although many conditions related to aging can contribute to bedsores, it is still the responsibility of designated caregivers to do whatever they can to prevent sore development and properly treat any existing wounds. Accountability is key in ensuring the safety and well-being of residents under their care.

Combined, our legal team has served as lead counsel for more than 100 jury trials, focusing our practice on cases of severe nursing home abuse and neglect. In the process, we’ve recovered millions for injury victims, including over $90 million in positive outcomes between 2017 and 2021 alone. Our legal strategies are meticulously crafted to reflect the unique circumstances of every case, guiding clients with care and diligence.

Maryland State Regulations & Legal Standards

Baltimore and the state of Maryland enforce strict regulations on nursing home operations to safeguard residents' well-being. Maryland’s Office of Health Care Quality mandates regular inspections and compliance with care standards designed to prevent neglect. These regulations require nursing homes to develop personalized care plans, incorporating routine skin assessments and repositioning schedules to prevent bedsores. Facilities failing to comply with these standards face serious consequences, including fines and sanctions.

Understanding these regulations is crucial for families advocating for their loved ones. A bedsore attorney in Baltimore can help clarify these legal frameworks and ensure nursing homes are held accountable under state laws. Engaging legal support familiar with Maryland's healthcare mandates ensures victims and their families receive the guidance they need in pursuing justice.

Contact Brown & Barron, LLC online today to schedule a free case review with a bedsore injury lawyer serving Baltimore.

Bedsore Injury FAQ

What Is Considered Nursing Home Neglect?

Nursing home neglect occurs when caregivers fail to provide adequate care, resulting in harm to residents. This can include the failure to reposition residents, leading to bedsores, or not providing necessary medical treatment. Other forms include neglecting basic hygiene, malnutrition, and lack of social engagement. In Baltimore, facilities are required to adhere to state regulations designed to protect resident well-being. Identifying neglect early can prevent severe consequences. Consulting with a bedsore attorney in Baltimore can help clarify the rights of residents and ensure that facilities adhere to legal standards.

How Can Families Monitor Nursing Home Conditions?

Families can take several steps to monitor a resident’s care quality. Regular visits and communication with both the resident and staff are crucial. During visits, observe physical health indicators such as weight, skin condition, and overall demeanor. Ask staff about care routines and review facility inspection reports from the Maryland Office of Health Care Quality. If concerns arise, document issues and discuss them with the nursing home administration promptly. Additionally, involving a lawyer can provide guidance on taking legal steps if neglect is suspected or evident.

What Legal Steps Can Be Taken If Neglect Is Suspected?

If you suspect neglect in a Baltimore nursing home, it is important to act swiftly. Start by documenting evidence, including photographs and detailed descriptions of conditions or injuries. Engage in discussions with nursing home management to address concerns. If issues persist, contact a bedsore lawyer in Baltimore to explore legal options. They can guide you through filing complaints with state agencies and potential legal actions against negligent facilities. Acting quickly protects the resident and ensures their safety and rights are prioritized.

 If an elderly person in your life is living in a nursing home and has developed bedsores because of negligent care, our Baltimore bedsore attorneys at Brown & Barron, LLC can help them seek justice.