Kucher Law Group

Bedsores Settlements in New York

It might be surprising to learn that bedsores in nursing homes, assisted living facilities, and other healthcare facilities are much more common than many people think. Sadly, these injuries are often due to the negligence of caregivers. If you or a loved one suffered from bedsores, you may be entitled to compensation from the facility responsible for your injury. However, the exact value of your settlement will depend on a variety of factors. A qualified Brooklyn bedsore attorney can help you determine what your case might be worth, considering all relevant factors.

In general, the longer and more severe your losses are, the greater the value of your bedsore lawsuit. A bedsore attorney can also add in the cost of future medical treatments and any lasting damage caused by the bedsores. If you were severely injured and required hospitalization as a result of the condition, you might also be entitled to punitive damages, and an experienced bedsore attorney can guide you through this process.

A Bedsore Lawsuit Settlement Depends on the Severity of Your Losses
In some cases, a severe bedsore can be fatal. This is especially true if the infection in the sore spreads to your bloodstream and you develop sepsis, which can be very deadly. If you can prove that the nursing home or health care facility was negligent in its treatment of you or your loved one, a bedsore attorney can help you receive a very high settlement amount for the losses you incurred.

There are many different ways to resolve a bedsore lawsuit, including arbitration, a bench trial, and mediation. A bench trial involves having a judge hear your case and make a decision. A mediated settlement requires the parties to meet with a neutral professional who tries to facilitate a fair and reasonable settlement for both sides, a process where the expertise of a bedsore attorney can be critical.

A successful bedsore lawsuit depends on demonstrating that the healthcare facility neglected you and/or your loved one by failing to provide adequate treatment and monitoring. A strong case can be made through witness testimony, records, and other evidence that the healthcare facility failed to meet its obligations under your state’s law. In this regard, a bedsore attorney is essential for gathering and presenting the necessary evidence to support your claim.

For example, a recent New York case involved a man in his middle seventies who was admitted to a nursing home after undergoing treatment at a hospital. In the course of 3-6 months in the nursing home, he developed bedsores throughout his body that eventually led to infection and sepsis. He died from the infections in the sores, and his family sued the nursing home for wrongful death. The man’s estate received a $650,000 settlement through a mediated settlement, which was facilitated by a competent bedsore attorney.

It’s important to act quickly because you have only two years to bring a lawsuit under New York nursing home abuse laws. If the abuse occurred at another type of facility, other statutes might apply. In either case, a bedsore attorney can guide you through the timelines and protect your rights.

Compensation for Pressure Sores

Pressure Sores (or bedsores) are caused by areas of the body pressing against a surface for prolonged periods. They can develop on bony parts of the body such as the back, heels, buttocks, and tailbone (coccyx) where the skin is not protected by fat or muscle. They start off as red patches or bruise-colored marks and if left untreated can eventually cause pain, itching, scalding, and infection. If you or a loved one has suffered from these painful wounds as a result of negligence in a hospital, care home, or nursing home, a bedsore attorney can help you seek compensation.

Sadly, it is estimated that several thousand people in hospitals and private nursing care homes suffer from pressure sores each year. This shocking number is especially concerning as most cases are avoidable if patients are given the right level of care. A bedsore attorney can investigate these cases and help hold responsible parties accountable.

Prolonged periods of bed rest and a lack of mobility increase the risk of pressure sores. Patients who spend a large amount of time in a chair or a bed, such as those with paralysis, limited mobility, spinal cord injuries, or dementia are particularly at risk. Medical staff are expected to regularly turn and re-position patients to ensure their skin is not exposed to constant pressure. Failure to do so, and the resulting development of bedsores, can be grounds for a claim with the help of a skilled bedsore attorney.

A medical negligence solicitor specializing in bedsore claims will be able to assess your claim for compensation. They will look at the details of your case and discuss your treatment history in detail with you. They will then contact the defendant and ask whether they accept liability for your injuries. In the event that they do, your bedsore attorney can then arrange for a financial settlement, which can include 'general damages' for the pain and suffering of your injury, and 'special damages' to cover any expenses you have incurred as a result of the bedsores.

If your medical negligence solicitor believes that you have a valid compensation claim for pressure sores, they will be able to start work on your claim straight away without the need to secure payment in advance. They will draw up a Conditional Fee Agreement (CFA) with you, and a bedsore attorney will list the criteria that must be met in order to receive your compensation and how much their fees will be. If you are successful, they will deduct their fee from your final award. If you are unsuccessful, they will not charge you any fees. If you would like to find out more about making a compensation claim for this type of injury, consulting with a bedsore attorney is a crucial step. 

Do I need a New York bedsore attorney?

Bedsores are painful wounds that can lead to infection and other serious complications. Often, they are the result of negligent care by nursing homes and other healthcare providers. New York law provides patients and their families with the ability to hold negligent facilities accountable when bedsores occur. If you or a loved one have suffered from bedsores due to the negligence of nursing home or hospital staff, contacting an experienced New York bedsore attorney as soon as possible is crucial.

How Do Bedsores Happen?
In many cases, nursing home residents develop bedsores because they are not moved or repositioned enough to avoid the buildup of pressure ulcers. People who spend extended periods of time in wheelchairs or lying down on their beds are especially susceptible to developing bedsores if preventative measures are not taken by family members, caregivers, or medical professionals. A bedsore attorney can help establish whether the necessary care standards were met. Bedsores can also occur in hospitals and rehabilitation facilities where individuals are being cared for after surgery or long-term illnesses or injuries. Individuals who travel frequently in ambulances may also be at risk for bedsores due to the long journeys and their limited ability to move.

Many people who develop bedsores require extensive medical treatment. As a result, they can be extremely expensive to treat. In addition, the emotional and physical distress that bedsores cause can be devastating for victims and their families. As such, the development of bedsores is considered a form of elder abuse in certain situations. A bedsore attorney can help victims navigate the legal process to seek compensation for these damages.

Almost all bedsores are preventable with adequate medical attention. Unfortunately, despite the fact that bedsores are entirely preventable, they continue to be one of the most common and devastating forms of neglect in healthcare settings. New York state laws and the medical profession provide for the right to sue for bedsores. However, nursing homes and other healthcare providers often refuse to admit their fault for a patient’s suffering. This is where a bedsore attorney becomes essential, helping victims and their families navigate the complexities of these legal claims.

An attorney who specializes in bedsore lawsuits can help victims and their loved ones hold negligent parties responsible for the pain, losses, and expenses associated with the condition. Compensation may be available for past and future medical bills, lost wages, the cost of treatment for resulting infections, and intangible losses such as emotional distress and loss of quality of life. A bedsore attorney is skilled in accurately assessing and quantifying these damages to ensure fair compensation.

A New York bed sore attorney can also help claim damages from manufacturers who manufacture equipment that is prone to causing the condition. For example, in some cases, defective beds or wheelchairs can be the source of pressure ulcers. The attorney's expertise in product liability can be invaluable in such situations.

If a loved one develops a bedsore, the first thing you should do is document it with photos as soon as possible. This will prove to be a crucial piece of evidence in your case. An experienced Brooklyn bedsore attorney will also advise you to speak with any healthcare professionals involved in the care of your loved one. They will be able to tell you if your loved one’s condition was preventable and could have been prevented by following accepted standards of medical practice.

Kucher Law Group

Kucher Law Group Injury Attorney

463 Pulaski St #1c, Brooklyn, NY 11221, United States

(929) 563-6780