How to File a Bedsores Lawsuit
Bedsores are a common but preventable problem among people who are bed-bound. They can be painful and, left untreated, may lead to infections and death.
If a nursing home patient develops a bedsore, it is a clear sign of neglect. You could bring a legal claim on behalf of an afflicted loved one seeking damages. Contact the attorneys at Colling Gilbert Wright to guide you on how to file a bedsores lawsuit.
Check the Legal Timeframes
Each state has legal time limits for various kinds of lawsuits. In Florida, those limits are codified in Florida Statute § 95.11. Your first step in filing a pressure ulcer lawsuit must be checking to make sure the time limit has not expired.
If you are in Florida and your loved one is still alive, they or their guardian has two years from the date their bedsore was diagnosed to file a lawsuit. If your loved one has died, your loved one’s executor or the personal representative of their estate has two years from their date of death to file suit. If the patient is in a state other than Florida, check with a local nursing home neglect attorney to find out whether you have a viable claim.
Compile Patient Records
You must get access to the nursing home patient’s medical records to determine whether there is adequate evidence to file a lawsuit. The patient can sign an authorization if they are alive and have the mental capacity to manage their own affairs. Otherwise, their guardian will need to authorize the release if the patient is still alive, and the personal representative of the estate must do so if they have died.
A nursing home neglect attorney will review the records to determine whether there is evidence that the patient developed bedsores and the condition was not discovered promptly or treated effectively. Usually, an attorney will ask a medical expert to scrutinize the records to identify specific incidents of negligent care. State law in Florida and many other states requires this step before you can file a lawsuit.
Assess Your Damages
Once you have adequate evidence indicating nursing home negligence, you must determine how much you can demand in damages. Damages should cover actual expenses in treating the bedsores and compensate for the patient’s pain and suffering.
The development of a severe pressure ulcer is an indicator that the nursing home did not observe standard patient care protocols. This degree of neglect could justify asking for punitive damages. A court may award punitive damages as a fine to punish the nursing home for its egregious conduct.
Damages for severe nursing home neglect can be substantial. Our attorneys at The Florida Firm have obtained verdicts and settlements in excess of $1 million in several cases where nursing home patients died with bedsores.
Need Help Filing a Bedsore Injury Lawsuit? Contact The Florida Firm Today
It is both tragic and infuriating that facilities charged with caring for the most vulnerable people neglect them to the point that they develop pressure ulcers. Filing a lawsuit and seeking damages is one way to hold these facilities accountable. If your loved one is a nursing home resident suffering from bedsores or has died after developing them, reach out to our legal team at Colling Gilbert Wright about filing a bedsores lawsuit.
