Getting Compensation You Deserve: How A Bedsores Lawyer Can Help You Recover Financial Damages

Decubitus ulcers – also called pressure ulcers – are most commonly referred to as bedsores. These painful skin conditions are generally caused when surface tissue is exposed to pressure for an extended time. Although bedsores tend to develop on bonier areas of the body, they can occur virtually anywhere. 

If you have a loved one who resides in a long-term care facility, you may have been warned to watch out for bedsores as a sign of neglect. This guidance is well-founded. However, it is important to understand that not all bedsores serve as clear evidence of neglect. They can develop over a matter of hours, which means that if your loved one needs to spend extended time in a chair or bed, they may develop simply because your loved one cannot be mobile enough to entirely avoid them. With that said, bedsores are often a sign of neglect and need to be taken seriously by the loved ones of long-term care center residents. 

Most Bedsores Are Preventable

Long-term care facilities owe a specific duty of care to their residents. When this duty of care isn’t met, medical challenges – including bedsores – can arise. For bedsores specifically, staff needs to make sure that immobile patients are regularly turned or repositioned, that residents are generally helped to move throughout the day, that incontinent residents are regularly changed and washed, and that residents are fed and hydrated properly. When these needs are taken seriously, most bedsores are preventable. When they are not, residents may suffer because of neglect. 

Neglect Is An Actionable Offense 

If a long-term care facility fails to honor its duty of care to a resident, that resident or their loved ones may be able to hold the facility accountable for the suffering and harm that the resident has endured. A victim of neglect – or their loved ones – can file a personal injury lawsuit to seek economic and non-economic damages from a negligent facility.

Economic damages are objective and are, therefore, reasonably easy to calculate. The cost of medical care to treat a resident’s bedsores is an example of a financial loss that can be compensated via an economic damages award. By contrast, non-economic damages are subjective and are harder to calculate. A resident’s pain and suffering as a result of their harm can be compensated via a non-economic damages award. In particularly egregious cases, a judge or jury may award punitive damages to punish a negligent facility and deter similar behavior. 

Seeking damages from a company is a notoriously difficult process. Most care facilities are owned by larger corporations that have legal counsel on standby to fight allegations of neglect. Thankfully, you don’t have to navigate this process of accountability alone. Our team of attorneys can gather evidence, negotiate settlements, and litigate any negligence cases that cannot be resolved favorably by negotiation. In short, we can help you and your family to pursue what you are rightfully owed. 

Contact A Reputable California Personal Injury Attorney To Learn More

It isn’t always easy to know whether a loved one’s bedsores are evidence of neglect or not. Yet, it is very important to speak with the knowledgeable legal team at The Law Offices of Samer Habbas & Associates, PC once you’ve been alerted to your loved one’s suffering. Your action may be all that is standing between your loved one and the possibility of further harm or mistreatment.

Our firm has extensive experience advocating on behalf of the rights of older adults who have suffered abuse, neglect, and exploitation at the hands of caregivers. As a result, we understand how to discreetly investigate your loved one’s circumstances to better confirm whether their bedsores have been caused by mistreatment and are, therefore, legally actionable, or not. 

You can schedule a free, confidential case evaluation today by calling 949-727-9300 or by contacting us online at any time. We will treat your concerns and your loved one’s well-being with the utmost respect and consideration. Once we’ve learned about your family’s circumstances and advised you of your rights and options, we’ll be available to immediately begin aggressively advocating on behalf of your loved one’s dignity if doing so is warranted. We look forward to speaking with you.