Unfortunately, when a nursing home resident develops bedsores, it can be a sign of abuse. If this has happened to your family member, an Atlanta nursing home abuse lawyer can help you file a claim against the nursing home or its staff for their negligence and recover compensation for your loved one.
Schenk Nursing Home Abuse Law has been representing nursing home residents and their families since 2022. If your elderly loved one developed bedsores in an assisted living home, a nursing home bedsores lawyer in Atlanta can help you take legal action and obtain compensation.
What Are Bedsores?
Bedsores, also known as pressure ulcers, pressure injuries, or decubitus ulcers, usually result from the constant pressure of sustained contact between the body and a recliner, wheelchair, or bed.
Bedsores tend to appear on areas of the skin where the bone and skin are close together, such as the hips, elbows, back, ankles, or heels. Elderly residents who cannot move on their own are vulnerable to pressure sores and require diligent attention from caretakers to prevent this condition.
For a free legal consultation with a nursing home bedsores lawyer serving Atlanta, call
Signs and Symptoms of Bedsores
Potential signs and symptoms of bedsores include:
- Persistent redness or discoloration of the skin
- Areas of skin that feel unusually warm, cool, firm, or soft
- Swelling or tenderness
- Blisters or open sores
- Changes in skin texture
- Wounds that expose deeper tissue
- Drainage or pus from an open wound
- Foul odors associated with an infected wound
- Increasing pain around the affected area
- Black or dead tissue in severe cases
- Fever or other symptoms that may indicate infection
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Common Causes of Bedsores in a Nursing Home
Pressure injuries generally result from prolonged pressure against a surface, particularly when a resident cannot reposition themselves. Friction and shearing can also damage the skin and underlying tissue.
Several factors can increase your loved one’s risk of developing bedsores, including:
- Limited mobility: Residents who cannot walk, stand, or change positions without assistance may remain in one position for extended periods.
- Failure to reposition: Staff members may neglect to move residents according to their care plans or medical needs.
- Poor nutrition: Inadequate calories, protein, vitamins, or minerals can interfere with healthy skin and wound healing.
- Dehydration: Insufficient fluid intake can contribute to skin problems and other health complications.
- Inadequate hygiene: Exposure to moisture from urine, stool, or perspiration can weaken the skin and increase the risk of breakdown.
- Improper wound care: Existing pressure injuries can worsen when they are not cleaned, treated, monitored, or documented appropriately.
- Insufficient monitoring: Staff may fail to identify early signs of skin damage or notify medical professionals when a resident’s condition changes.
- Inadequate staffing: A facility with insufficient staff may struggle to provide residents with the repositioning, bathing, feeding, and supervision they require.
It’s important to note that pressure sores are not always proof of nursing home abuse. Some residents face significant medical risks even when appropriate preventive measures are taken.
How an Atlanta Nursing Home Bedsores Lawyer Can Help
When you hire an experienced Atlanta nursing home bedsores lawyer to help you pursue compensation after your loved one suffers bedsores due to neglect or deliberate mistreatment, they will handle every aspect of your legal case. The first step your lawyer will likely take will be to conduct a thorough investigation into the care home where your loved one lives.
This investigation will aim to identify all at-fault parties and gather evidence to support your request for damages in your nursing home abuse case. Your lawyer will investigate the business practices of the care home, as well as the individual actions or inaction of the nursing staff responsible for the care of your loved one.
After finishing their initial investigation, your lawyer will complete and file all the paperwork necessary for your nursing home abuse lawsuit.
As they build your case and prepare it for court, they will also engage in settlement negotiations with the opposing party. If a settlement can’t be reached, your lawyer will advocate for you and your loved one in court.
How Much Does It Cost to Hire a Nursing Home Abuse Lawyer in Atlanta?
Nursing home abuse attorney Rob Schenk works on a contingency fee basis. Under this arrangement, you do not pay any attorneys’ fees upfront. Instead, your lawyer receives an agreed-upon percentage of your recovery if your case results in a settlement or judgment.
If you lose your case, you won’t owe us anything.
What Types of Damages Can You Recover?
A successful nursing home abuse claim can allow you and your family to recover compensation for losses associated with your loved one’s pressure sores and resulting medical complications.
While the specific damages available to you will depend on the facts of your case, you can recover compensation for:
- Medical expenses: You can recover the cost of treating pressure injuries, infections, surgeries, hospitalizations, medications, wound care, and other necessary medical treatment your loved one receives.
- Future medical care: You can recover damages for anticipated treatment and ongoing care if your loved one’s injuries require continuing medical attention.
- Pain and suffering: You can seek compensation for the physical pain and emotional distress caused by serious pressure injuries and their complications.
- Additional care costs: You can recover expenses associated with increased supervision, specialized equipment, rehabilitation, or other care necessitated by the injury.
- Loss of quality of life: You can seek compensation if the injury substantially affects your loved one’s ability to participate in normal activities or enjoy life.
- Wrongful death damages: If nursing home neglect contributes to your loved one’s death, your family may have a wrongful death claim.
- Punitive damages: If the facility’s conduct shows willful misconduct, malice, fraud, or oppression, you may be able to recover punitive damages.
How Long Do You Have to Sue for Nursing Home Abuse in Georgia?
Under Georgia law, you generally have two years from the date of the injury or the date the abuse was discovered to file a nursing home abuse lawsuit. If a resident passes away due to neglect or abuse related to bedsores, the family generally has two years from the date of death to file a claim.
The statute of limitations can vary depending on the specifics of your case. For example, if your case involves medical malpractice, a government-owned facility, or injuries that weren’t discovered right away, you may have a different filing deadline.
A nursing home bedsores attorney in Atlanta can evaluate your case and explain how much time you have left to file an elder abuse lawsuit.
Who Is Liable for Nursing Home Neglect?
Liability for nursing home abuse or neglect depends on who caused the harm and the circumstances in which it occurred. In some cases, more than one party may be liable.
Potentially responsible parties may include:
- The nursing home: A facility may be responsible for failing to provide appropriate medical care, maintain adequate policies, monitor residents, or address known risks.
- Individual employees: Nurses, aides, caregivers, or other staff members may be responsible for negligent acts or omissions that harm a resident.
- Management companies: Some nursing homes are operated or managed by separate companies that may have responsibilities relating to staffing, policies, training, or supervision.
- Medical providers: Physicians or other healthcare professionals may potentially be liable if negligent medical treatment contributes to a resident’s injury.
How Do You Prove Negligence?
When pursuing a claim related to the bed sores your loved one suffered, you will need to prove that the care home or the nursing home staff members either took deliberate abusive actions or were negligent in the care they provided.
To prove negligence, your nursing home neglect attorney will need to establish the existence of four elements in your case:
- Duty of care
- Breached duty of care
- Damages
- Causation
1. Duty of Care
The first thing you need to show is that your loved one was owed a duty of care. Proving a duty of care in these cases is straightforward.
When your loved one moves into a long-term care facility, both ownership and staff assume a duty of care to ensure that your loved one receives the care they need to maintain the best possible quality of life.
2. Breached Duty of Care
Next, you need to prove that the duty of care owed to your loved one was breached. If you can show that staffing needs were not being met or that care providers failed to regularly check on your loved one and move them to avoid bed sores, the violation of their duty of care will be clear.
3. Damages
The next step is proving that your loved one incurred damages. Medical records attesting to the bed sores your loved one suffered and their related medical bills for treatment are the best way to prove the damages they sustained.
4. Causation
The final step is showing how everything ties together. An experienced nursing home abuse attorney can help demonstrate to the court how the liable party breaching their duty of care to provide proper care to your loved one directly led to the damages they sustained.
How Long Does It Take to Settle a Nursing Home Abuse Claim?
There is no fixed timeline for settling a nursing home abuse or neglect claim. Some cases can be resolved within several months, while more complicated ones can take a year or longer, particularly if both parties disagree about liability or the extent of the resident’s injuries.
Several factors can affect the duration of your case, including the severity of your loved one’s injuries, the strength of your evidence, and whether the case proceeds to trial.
What to Do If You Suspect Nursing Home Neglect in Atlanta
If you believe your loved one developed pressure sores because of a long-term care facility’s neglect, you should:
- Seek medical attention: Get your loved one evaluated by a medical professional, particularly if the wound appears infected or deep.
- File a report: Report the abuse or neglect to the Georgia Department of Community Health.
- Document the injuries: Take photographs of any visible wounds and keep records of changes in your loved one’s condition.
- Request medical records: Obtain copies of relevant medical records, treatment notes, care plans, medication records, and wound assessments.
- Document what you observe: Write down dates, conversations, staff responses, and other details that may help establish what happened.
- Ask questions: Speak with facility administrators and medical staff about when the bedsore was first discovered and what treatment was provided.
- Preserve communications: Keep relevant emails, letters, messages, photographs, and other communications involving the facility.
- Consult a nursing home bedsores attorney in Atlanta: A nursing home abuse attorney can review available evidence and explain whether you have grounds for a civil lawsuit.
Contact a Nursing Home Bedsores Attorney in Atlanta
Bedsores often lead to other medical complications that can be painful and costly to treat. If you notice bedsores on your loved one, an Atlanta nursing home bedsores attorney from Schenk Firm can investigate their care, determine who is at fault, and help you and your family pursue compensation.
Book a free case evaluation to learn more about how you can seek justice for your loved one.
