New York Bedsore Attorney

New York Bedsore Lawyer​

Nursing home neglect is a very serious issue that can have horrible consequences for elderly people. Neglect can take many forms, but it often manifests in bedsores. Bedsores, which are also known as pressure ulcers or decubitus ulcers, are a common problem for elderly people and those with limited mobility. These sores develop as a result of constant pressure in the same localized area. For example, an elderly person can begin to develop bedsores by lying or sitting in the same position for long periods without moving.

nursing home bedsore lawyer

The severity of bedsore injuries can range greatly. A bedsore might cause mild redness or they can lead to deep, infected wounds that can be life-threatening for elderly people who often have weakened immune systems. Bedsores are nearly always preventable when patients are given adequate nutrition and are being properly cared for. But far too often, nursing home residents are neglected by staff that simply do not sufficiently care about their well-being. According to a report by the National Center on Elder Abuse, 50% of nursing home staff have admitted to mistreating the patients in their care. If you or someone that you love has developed bedsores while staying at a nursing home, you may have legal recourse. Attorney Anthony Makarov of Gersowitz Libo & Korek, P.C. can evaluate the unique facts of your case free of cost and let you know if you have a claim that can be pursued.

Who Is Most At Risk For Bedsores

Not everyone is equally at risk for developing bedsores. According to Johns Hopkins Medicine, “Being bedridden, unconscious, unable to sense pain, or immobile increases the risk that a bedsore will develop. The risk increases if the person is not turned, positioned correctly, or provided with proper nutrition and skin care. People with diabetes, circulation problems and malnutrition are at higher risk.” Bedsores are divided into four stages from least to most severe.

  • Stage 1: In the first stage, a person’s skin looks red and may feel warm to the touch. For those with darker skin, the damaged area may have a lightly blue or purplish tint. During this stage, a person may also complain that their skin burns or itches.
  • Stage 2: In the second stage, the affected area looks more damaged and may have an open sore or blister. A person will typically complain about significant pain.
  • Stage 3: In the third stage, the damaged area may have a crater-like appearance due to substantial damage below the surface of the skin.
  • Stage 4: In the final stage, the affected area is severely damaged and large open wounds become present. Muscles, bones, and joints can also be affected and inflamed. There is a substantial risk of a life-threatening infection during this stage.

Bedsores are nearly always preventable and a major sign that elderly residents are not being properly cared for. To prevent bedsores, nursing home staff will need to regularly change a patient’s position. Elderly residents should also be given adequate nutrition and be properly hydrated. Special cushions and mattresses can also substantially lower the risk of a person developing bedsores. Healthcare providers may need to regularly inspect some patients for bedsores. If a bedsore is detected, treatment should begin as early as possible. Treatment is typically much more difficult by the time a bedsore develops into an open wound.

What Causes Nursing Home Abuse

Elderly people often develop bedsores due to the neglect they experience at nursing homes. A study published in the Journal of Elder Abuse and Neglect found that nearly 44% of all residents at nursing homes experienced some form of neglect. One of the major issues at nursing homes is that they are not properly staffed. There may not be enough staff to properly care for all of the residents. Many other factors could contribute to the circumstances under which an elderly person may develop bedsores.

  • Inadequate Supervision: Nursing home employees should be properly supervised. Neglect and outright physical abuse tends to thrive in places where there is little oversight or accountability.
  • Improper Training: Nursing home workers are simply not paid that well. It is therefore not surprising that nursing homes have a high turnover rate. This can result in staff never being as well-trained or experienced as they should be.
  • Improper Vetting: All nursing homes should thoroughly vet prospective job applicants to ensure that they do not have a history of neglect in previous care positions. Sadly, this does not always happen.
  • Employee Stress: Working at a nursing home can be a very challenging job, both physically and mentally. Exhausted and stressed workers are much more likely to snap at residents or ignore them altogether.

Preventing nursing home neglect is essential for ensuring the safety and well-being of all people who stay at nursing homes. Ideally, nursing home staff should be paid well enough to keep turnover to a minimum. Workers should also be properly trained in how to prevent bedsore and other ailments that elderly residents could develop. Moreover, nursing homes should be regularly inspected and monitored by an outside agency. No matter how nice any nursing home may seem, families and loved ones should always remain vigilant for signs of abuse or neglect. Any suspicions of abuse should be reported to the authorities.

Liability For Bedsores At Nursing Homes

Nursing home staff as well as doctors have a legal obligation to do all that they can to make sure that elderly people in their care do not develop bedsores. Both federal law and New York state law require nursing home facilities to implement safety measures and protocols for preventing bedsores. See, 42 CFR § 483.25 (b)(1)-(2) and 10 NYCRR § 415.12(c). According to the statutes, the resident of a nursing facility must receive care, consistent with professional standards, to prevent pressure ulcers from developing unless the individual’s clinical conditions make them unavoidable. If a resident does develop ulcers, they must receive the necessary treatment to promote healing, prevent infection and prevent additional ulcers from developing.

When staff at a nursing home fail to properly care for elderly residents, their employer could be liable. In general, nursing homes can be held vicariously liable for the negligent acts of their employees. There are numerous ways that a nursing home staff or doctors may have improperly cared for a resident which led to bedsores. Staff may have failed to regularly re-position the patient, thereby leaving one area of the body to hold all of the resident’s weight. Staff may have failed to provide adequate clothing changes to a resident which could have allowed for the early detection of bedsores. Staff may have failed to provide residents with adequate nutrition and hydration to prevent bedsores.

Why You Should Hire A Bedsore Attorney

Bedsores and nursing home neglect in general can have profound long-term health consequences for elderly residents. Bedsores can lead to life-threatening infections and permanent damage when they are allowed to progress uninterrupted. Even after an elderly resident’s physical injuries have healed, the trauma that often comes with serious neglect can leave them scarred with anxiety and PTSD. There are a number of reasons why you should strongly consider hiring a bedsore attorney.

  • Bedsore attorneys work entirely off of a contingency fee basis. There are no up-front costs. They only get paid if they are able to successfully resolve your claim.
  • Bedsore attorneys can help you navigate the legal process and hold nursing homes accountable for their negligence.
  • Bedsore attorneys can investigate your situation, gather evidence, and help you build the strongest case possible on your behalf.
  • Bedsore attorneys can negotiate with the insurance company for the nursing home and help ensure that you get fair compensation for your medical expenses, pain and suffering, and loss of quality of life.

Nursing homes are supposed to take adequate care of their residents, but far too often this is not the case. They can become more concerned with making as much money as they can. In far too many situations, this is achieved by providing the least amount of care that is feasible. A bedsore accident attorney can help ensure that your voice is heard and that your rights are being protected. They can work on your behalf to get you the justice and compensation that you’re entitled to. If you suspect that your loved one is not being properly cared for at a nursing home, one of the best things that you can do for them is seek legal help.

Getting Help With Your Bedsore Claim

If you or someone that you love has suffered from bedsores while staying at a nursing home, you may have legal recourse. With very rare exceptions, bedsores are completely preventable and a major sign of neglect. Elderly residents deserve to be treated with dignity, care, respect and love. When a nursing home fails to follow federal and state law and allows their residents to develop bedsores, they can be held accountable for their actions through a civil claim.

Attorney Anthony Makarov of Gersowitz Libo & Korek, P.C. has spent his career helping accident victims and those who have suffered from nursing home abuse. Our legal team has decades of experience and will do everything that they can to get you the best outcome possible for your particular situation. In fact, we’ve recovered over $1 billion for our deserving clients. Whether you just have legal

questions or need any type of assistance we are here for you. You can reach out to us anytime at 718-550-1447.

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