Bedsores are a common complaint of residents in a nursing home facility. Unfortunately, these often result from the neglect or physical abuse of a resident. If you or a loved one suffered harm from bedsores, contact the Albuquerque attorneys at Fine Law Firm today to schedule a free initial consultation. Our bedsore injury attorneys hold nursing homes accountable for negligence and will protect your family’s best interests during this difficult time.
Why Choose Us?
Albuquerque families turn to the Fine Law Firm when they need compensation for their economic and non-economic losses.
- Our firm operates on a contingency-fee basis, which means we only collect a fee if we obtain a settlement or court judgment on your behalf.
- Our Albuquerque personal injury lawyers have a reputation as leaders in law. When judges and adjusters have family or friends who may have a personal injury claim, they refer them to us. Additionally, our attorneys regularly receive requests to speak to members of the Bar Association and teach at law schools.
- We are trial lawyers not intimidated by large corporations in the courtroom, and we will not hesitate to take a case to trial to maximize compensation for you.
Why Do You Need a Lawyer?
Personal injury cases, including those involving bedsores, can be difficult to navigate. They involve complex legal issues and in-depth knowledge of applicable state laws. Lawyers not only help victims navigate the legal system, but they also represent their interests while negotiating with insurance companies.
Nursing home companies and their insurers may try to get victims of negligence to settle for less than they deserve. An attorney demands compensation for the material and intangible losses a plaintiff suffers as a result of bedsores.
Common Causes of Bedsores
Bedsores are caused by constant, unyielding pressure against one part of the body for a prolonged period of time. They are also called pressure ulcers. Sustained pressure on the skin reduces blood flow to the area, resulting in damage to the tissues. This damage can occur within just a few hours of pressure.
Friction against delicate skin can also lead to bedsores, such as a senior citizen’s skin being abraded against rough bedding or clothing and suffering injury. The skin may also stick to the surface of a bed or chair while the bone moves underneath, damaging the skin.
The risk of bedsores is higher among those who are immobile or have low or limited mobility, such as nursing home residents who are bedridden, in a wheelchair or in a coma. Poor nutrition, malnourishment, dehydration, poor hygiene and aging skin all increase the likelihood of pressure ulcers.
Negligence and Bedsores
Bedsores, or pressure ulcers, most commonly arise from resident neglect, medical malpractice or negligent treatment in nursing homes. Immobile patients must switch positions frequently. When they remain in one place for too long, obstruction of blood flow can lead to the creation of an ulcer, or sore. Bedsores are most likely to occur where bony protuberances are present – the elbows, knees, hipbones, tailbone, shoulders, and more.
Responsibilities of Nursing Home Staff
Nursing home staff members in New Mexico have a legal obligation to take appropriate care to prevent bedsores among residents. With proper care and attention, bedsores are largely preventable. If a nurse, caregiver, assistant, therapist or another staff member is negligent or fails to meet this duty of care, it is known as medical malpractice.
A nursing home staff member has a range of responsibilities relating to the prevention of bedsores, including a duty to:
- Treat any existing pressure ulcers to prevent infection or the worsening of the sore
- Evaluate each resident’s risk level for bedsores and create an appropriate care plan
- Frequently reposition immobile residents (about every two hours in bed and every 15-60 minutes in wheelchairs)
- Regularly check at-risk patients’ skin for signs of damage
- Implement pressure-relieving devices as needed, such as special mattresses and sheets
- Ensure proper hydration and nutrition to maintain healthy skin
- Keep the elderly resident clean and dry
- Report any signs of bedsores or other health problems
- Recommend professional medical care, as necessary
Nursing homes in Albuquerque have legal duties when it comes to proper operation. This includes ensuring adequate staffing, training staff appropriately, monitoring residents and supervising care, and responding immediately to any complaints.
How Serious Are Bedsores?
The seriousness of a bedsore will depend on the patient, as well as how long the ulcer has gone unnoticed, unremedied and untreated. Over time, an untreated bedsore will worsen and can affect deeper tissues.
Bedsores evolve through stages:
- Stage 1 bedsores involve superficial tissue only. The skin is not broken, but a red mark may be warm or cool to the touch.
- Stage II bedsores are open wounds. The outer layer of the skin is broken and the wound enters the dermal layer of the skin. At this point, the body is more prone to infection.
- Stage III bedsores run even deeper and the amount of skin loss is severe. Fatty yellow tissue is often visible. The skin inside the sore is often necrotic and may appear grey or yellow.
- Stage IV ulcers are the most serious and involve muscle and tendon damage. The bone might be apparent through the sore in the skin.
Bedsores can be very serious because once they graduate past stage I patients are at increased risk for serious and life-threatening complications. These include infection, cellulitis, osteomyelitis, sepsis, and more.
Identifying Bedsores
Prompt detection of a bedsore is critical for preventing it from worsening to the next stage and potentially placing the resident at risk of severe health complications. It is important for nursing home staff to be trained on how to detect and identify bedsores.
The signs may include:
- Skin redness or irritation
- Patches of purple or dark skin
- Skin temperature changes (warm or cool to the touch)
- Pain, burning or itching in the area
- Firmer or softer skin texture
- Swelling
If the bedsore has already progressed to later stages, signs may include:
- Blisters or open sores
- Craters or holes
- Exposed tendon, muscle or bone
- Pus or signs of infection
- Odor or dead tissue
Immediate action to relieve the pressure is crucial to restore blood flow to the affected area and prevent any further tissue damage or death. Deeper bedsores may require treatment, such as wound debridement.
Do I Have a Claim for Compensation?
Many patients who suffer debilitating bedsores – past stage I – have a claim for compensation. Victims may be able to collect damages relating to material and intangible losses if the following apply:
- The provider owed a duty of care to the patient.
- His or her negligent care led to the development of a bedsore.
- That bedsore led to tangible or intangible harm – for example, medical complications leading to more bills, physical pain, and suffering.
These are the required legal elements for a medical malpractice claim. A successful case could lead to compensation for past and future medical bills, lost wages, lost capacity to earn in the future, pain and suffering, and out-of-pocket costs.
Contact Us Today
If you or a loved one suffers from bedsores and you believe someone else may be legally responsible, your first step is to schedule a free consultation with our firm. Contact Fine Law today to explore your legal options with an Albuquerque nursing home abuse lawyer.