Nursing homes should be places of rest and care for the people who live there. Unfortunately, sometimes long-term care facilities are understaffed, lack the resources to operate properly, or employ individuals who do not exercise proper care in their work. Bedsores are an unpleasant and dangerous result of neglect in these settings. If a person is found to have stage 4 bedsores in Lorain County, this is absolutely grounds for a lawsuit.
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Bedsores, also called pressure sores or pressure ulcers, are wounds that appear on the skin of people who are bedbound or mobility challenged. The sores develop at points of contact between the body and a bed, wheelchair, or other surface. When pressure is applied to an area of skin for an extended time, blood flow to that area can be disrupted, causing cells to die. It is this cell death that causes the sores. There are four recognized stages of bedsores:
If a person has stage 4 bedsores, especially in a nursing home or long-term care facility, this is a sign of profound neglect. Patients who are bedridden or immobile should be frequently moved to avoid pressure sores. This is a basic standard of care for hospitals and nursing facilities.
All stages of bedsores are painful and uncomfortable, so any patient who can feel pain is likely to express their discomfort. Furthermore, stage 3 bedsores are defined by the penetration of the fat layer beneath the skin, which often leads to an unpleasant odor from the sores. For a patient to develop stage 4 sores, they would have to be moved infrequently, their pain would have to be ignored, and workers would have to neglect skin checks entirely.
Some risk factors for pressure sores include immobility, lack of bladder and bowel control, poor nutrition, circulatory problems, weakened skin, and injuries to the nervous system that result in an inability to feel pain. All of these risk factors are commonly found in residents of nursing homes or long-term care facilities.
Many of the patients in these facilities are elderly, which makes them more likely to have thin, weak skin. Incontinence is also a frequent problem, and contact between skin and urine or feces can increase the likelihood of bedsores. Finally, many long-term care patients suffer from medical problems that lead to poor circulation, such as diabetes or heart disease.
There are over 14,000 nursing homes in the United States. These facilities house more than 1.2 million people, and many of them are understaffed or lack the resources they need to provide first-rate care. Of people in nursing homes, up to 25% may have bedsores. In some cases, bedsores lead to serious infections or sepsis. Some patients may need debridement or even limb amputations.
In a personal injury lawsuit, the aim is to secure a settlement that can help the victim restore their life, as much as possible, to the way it was before the injury. Standard components of personal injury settlements include the following:
Depending on the circumstances of the case, a bedsores-related lawsuit may also be filed as a medical malpractice claim. Medical malpractice lawsuits are handled in essentially the same way as general personal injury claims, but the defendant in the suit is usually the healthcare provider’s insurance company.
Yes, there is a statute of limitations for bedsores lawsuits in Ohio. These cases are usually filed as personal injury claims, which have a statute of limitations of two years, as set down in Section 2305.10 of the Ohio Revised Code. After this window of time passes, you can no longer seek compensation through the legal system.
If you have a loved one who has died because of complications related to bedsores, you have legal options to recover compensation for your losses. Rather than a personal injury case, a death related to bedsores would be grounds for a wrongful death lawsuit. Consult a lawyer to discuss your options.
The cost to hire a bedsores lawyer for a bedsores case in Lorain County can vary widely depending on the lawyer’s individual rates and fee structure and the complexity of the case. Many lawyers who take on these kinds of cases do so on a contingency basis, receiving a percentage of any settlement they secure rather than charging an up-front fee.
When the plaintiff is seeking a large amount in damages, a bedsores lawsuit in Lorain County usually goes through the Lorain County Court of Common Pleas, which is located at 225 Court Street in Elyria. Cases involving lesser amounts of damages are usually handled at the nearest local municipal court.
If you or a loved one has suffered from bedsores, a Lorain bedsores attorney can assist you in pursuing justice and compensation for your losses. Contact Rumizen Weisman Attorneys today to discuss your options.
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