by Jeffrey J. Downey, Esq
Nursing home negligence is far too prevalent in the U.S. Ever year thousands of elders are subject to neglect due to substandard care from nursing homes, assisted living facilities and even hospitals. Negligence often leads to bed sores, also known as pressure sores. Pressure wounds are often associated with fatal septic infections and are reported as a cause of death for thousands of patients every year.
If you are a victim of medical malpractice, you may be eligible for compensation. A Virginia Nursing home attorney can help you file a bedsore claim and ensure you receive the justice you deserve.
Prevalence of Medical Malpractice
The negligence of corporate nursing homes has inflicted tremendous human and economic damage in the United States. In 2014, a landmark federal study reported that approximately 22 percent of nursing home patients experienced preventable “adverse events,” including “substandard treatment, inadequate patient monitoring, and failure or delay of necessary care.”
More than half of the patients harmed by nursing homes required hospital care, for which Medicare paid an estimated $2.8 billion in 2011 alone. Meanwhile, the number of people needing nursing home care is increasing rapidly, from 1.35 million in 2020 to a projected 2.3 million in 2030.
Recently, a Baltimore family was awarded $9M for the death of their loved one, which resulted from pressure sores in a medical facility (source)
Proving Negligence in Pressure Sores Lawsuits
Here are the key elements of negligence in personal injury claims, including pressure sores lawsuits:
Duty of Care
The plaintiff must demonstrate that the defendant owed a duty of care to the plaintiff. This could be a doctor’s responsibility to provide adequate medical treatment or a driver’s obligation to follow traffic laws. In pressure sore cases, nurses and nurse aides have a duty to come up with a plan of care that involves vigilant pressure sure relief for high-risk patients. Such preventive care includes active turning and pressure off-loading at least ever two hours while in bed and more frequently when positioned in a wheelchair.
Breach of Duty
Plaintiffs must show that the defendant breached their duty by not acting as a reasonable person would under similar circumstances. This involves comparing their actions to what a competent person would have done. In most malpractice cases, a plaintiff proves breach of duty with using experts, including nurses and a medical wound specialist.
Causation
Establish a direct link between the defendant’s actions and the harm suffered by the plaintiff. This “but for” test proves that the harm wouldn’t have occurred if not for the defendant’s actions.
However, in wrongful death cases in Virginia, a Plaintiff need only prove that a pressure wound or other adverse event (like infection or fall) was a substantial contributing factor to the patient’s death. See, Griffen v. Ryan, 247 Va. 465 (1994)(where Defendant physician destroyed any substantial possibility of the patient’s survival, such conduct becomes a proximate cause of the patient’s death).
Damages
A Plaintiff must prove that actual harm or losses resulted from the defendant’s negligence. Damages can include:
- Medical bills
- Lost wages
- Pain and suffering
- Physical injuries and deformities
- Mental pain and suffering
- Inconvenience
Types of Evidence to Support Bedsores Claims
Admissible evidence in pressure sores claims can include:
Expert Testimony
In most cases, expert witnesses may be required to provide professional opinions about the standard of care, causation, or damages. An expert will decide the issue of whether the pressure sore was preventable with proper care.
Witness Statements
Eyewitnesses or individuals who can testify to the events leading to the injury can be crucial. Often family members can verify that a patient was not being turned or toileted timely. Where patients are repeatedly found lying in their own urine or feces, this can be strong circumstantial evidence of neglect.
Documentation
Medical records, accident reports, photographs, and any written communication related to the case can be powerful evidence. In addition, facilities are required to document their preventive care in the form of care plans and turning and repositioning records. Sometimes the lack of proper documentation can help establish neglect.
Photos, Video and Audio Evidence
If available, videos, audio recordings, or surveillance footage can be compelling proof of negligence. Pictures of one wounds can be compelling evidence for a jury.
The financial burden of medical treatments and prolonged recovery can be overwhelming. Additionally, the healing process often leaves permanent scars, both physical and emotional.
Proving negligence can be complex, and the strength of your case depends on the quality and relevance of the evidence you can gather. Consulting a personal injury lawyer can be invaluable in building a strong case.
Contact Information:
The Law Office of Jeffrey J. Downey, P.C.
McLean Virginia Office
8300 Greensboro Drive, Suite 500
McLean, VA 22102
McLean Law Office Map & Directions
Phone: 703-564-7318
Fax: 703-556-7700
Website: https://www.jeffdowney.com