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Unless you have a loved one who is immobile or confined to bed, you may not have given much thought to bedsores. However, bedsores are incredibly common. Each year, more than 2.5 million people in the U.S. develop pressure ulcers.
If bedsores are left untreated, they could progress to the most advanced level: stage 4 pressure ulcers. At this point, bedsores can be life-threatening or cause serious complications. If your loved one has been diagnosed with a stage 4 bedsore, it may be a sign of serious nursing home neglect. You may be able to file a lawsuit against the responsible facility and/or staff for their negligence.
At the Law Offices of Thomas L. Gallivan, we provide high-quality legal representation to victims of all types of injuries – including those related to nursing home abuse and neglect. We are fierce advocates for our clients, working hard to help them get justice for their losses. To learn more or to schedule a free initial consultation with a New York nursing home abuse attorney, give our law firm a call.
Causes of Stage 4 Bedsores and Pressure Ulcers
Bedsores – also known as pressure ulcers or decubitus ulcers – often occur when a person is bedridden, immobile, unconscious, or unable to sense pain. They can develop when the blood supply to the skin is cut off for greater than 2 to 3 hours. More advanced bedsores are typically caused by a failure to treat a more minor pressure ulcer adequately.
Bedsores are divided into 4 stages:
- Stage 1 Bedsores are the least severe. The skin will look red and feel warm to the touch. The sore may burn, itch, or be painful.
- Stage 2 Bedsores often involve more skin damage, which may include an open sore, blister, or scrape. Stage 2 pressure ulcers are much more painful.
- Stage 3 Bedsores often have a crater-like appearance due to damage below the surface of the skin.
- Stage 4 Bedsores are the most serious type. These pressure sores will include a large wound, with possible involvement of muscles, tendons, bones, and joints. There is a significant risk of infection with Stage 4 pressure ulcers.
A stage 4 bedsore is essentially the worst-case scenario for this type of injury, as the blood supply has been so severely compromised that the wound extends through the layers of skin to muscle and bone. They may cause extreme pain and may even lead to death.
Generally, bedsores are caused when a person remains in one position for too long. Pressure, sheer, and friction can cut off blood supply to the skin. This can lead to a bedsore, which is often a sign of nursing home neglect.
Anyone with a lower-stage bedsore is potentially at risk for developing a stage 4 bedsore. They are caused by a failure to treat a bedsore immediately. If a nursing home resident has a stage 4 pressure ulcer, it may be an indication that the facility is understaffed or is otherwise neglecting their patients.
Treatments for Stage 4 Bedsores
In early stages, bedsores can often be treated with simple solutions like removing pressure on the affected area and protecting the wound with medicated gauze. Other non-invasive treatments include ensuring good nutrition and keeping the wound clean.
Once a bedsore becomes more severe, however, then further – more invasive – treatment may be warranted. This may include debridement to remove damaged, infected, or dead tissue. Individuals with a more advanced bedsore may also benefit from medication to treat infections, a skin graft to transplant healthy skin to the wounded area, and/or negative pressure wound therapy. Stage 4 bedsores may require surgery to treat.
Stage 4 bedsores can be life-threatening. This is due to the fact that these open wounds can easily become infected if contaminated with bacteria. These infections may progress into other conditions, such as cellulitis – a bacterial skin infection that can spread to the rest of the body – and sepsis. A stage 4 bedsore can be fatal if a nursing home resident develops cellulitis or sepsis.
Treatment of earlier-stage bedsores is the key to preventing a stage 4 pressure ulcer from developing. If a decubitus ulcer progresses to this advanced stage, then the potential for serious complications is much higher. In these situations, the victim and/or their family may choose to file a nursing home neglect lawsuit.
Pressure Ulcers and Stage 4 Bedsore Settlement Amounts
Pressure ulcers are far more common among people who are in some sort of care setting. The reason for this is simple: people who require this level of assistance are often unable to care for themselves and may be more likely to be unconscious, bedridden, or otherwise immobile. They may also be at a facility that does not have a high enough quality of care to prevent and treat bedsores before they proceed to a more advanced stage.
If a nursing home resident is diagnosed with a stage 4 bedsore, it is almost certainly a sign of neglect. While some bedsores may be unavoidable, caregivers can and should take steps to prevent them from developing or from becoming worse. They can take basic steps to reduce the likelihood of a bedsore developing or getting worse by:
- Changing a patient’s position frequently to relieve pressure on the skin
- Cleaning bedsores and drying them gently;
- Making sure that patients are fed a healthy diet and have plenty of hydration;
- Monitoring bedsores for signs of them getting worse;
- Checking the patient for signs of infection; and
- Seeking medication and other treatment if necessary.
Unfortunately, nursing home staff does not always take these and other steps to prevent and/or treat serious bedsores. If you or your loved one has developed a serious stage 4 pressure ulcer at a nursing home or other care facility, you may be able to sue the entity and the care providers. The key is being able to prove a connection between the bedsore and substandard care at the facility.
These types of lawsuits are usually based on a theory of negligence, or the failure to use the level of care that a reasonable person would use in a similar situation. To win a nursing home neglect lawsuit, you will have to show that the facility and its staff:
- Owed you a duty of care;
- Violated or breached that duty;
- You developed bedsores or your bedsores worsened because of that violation; and
- You suffered losses (damages) as a result of this violation.
For example, if your family member is at a care facility and is largely unable to move themselves, the staff should regularly turn and reposition them. If they fail to do so – and then fail to catch and treat a bedsore in the early stages – it could be a sign the nursing home was negligent.
In this type of lawsuit, you may recover financial compensation for all of your losses. This may include economic, non-economic, and/or punitive damages.
Economic damages include money for your direct financial losses, such as past and future medical treatment. Non-economic damages cover intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. Finally, punitive damages may be available in rare cases where you can prove that the nursing home and/or its staff acted in an intentional or reckless manner.
Because stage 4 bedsores are the most severe type of bedsore, people who have this diagnosis will typically recover more compensation than patients with less serious bedsores. In addition, if a nursing home patient dies as a result of a stage 4 bedsore, their family members may be able to file a wrongful death lawsuit against the at-fault parties.
Most bedsore lawsuits – like other nursing home abuse claims and personal injury lawsuits – are resolved outside of court through a settlement. Typically, your attorney will start the process by sending a demand letter to the nursing home and/or their insurance company. In this letter, your nursing home abuse lawyer will set out the facts of the case, why the facility is responsible for the resident’s injuries, and make a demand for financial compensation (damages).
Insurance companies usually respond to demand letters with a counteroffer, which begins the negotiation process. However, it may still be necessary to file a lawsuit to preserve your legal rights. After the claim is filed in court, the parties will continue to negotiate a settlement while they exchange information during discovery and file pre-trial motions.
The value of a stage 4 bedsore settlement will be based on a number of factors, including the severity of the injury and related complications. Your New York nursing home abuse and neglect lawyer will aggressively negotiate a fair settlement for your injuries. If necessary, they will take the case to trial to ask a jury to return a verdict in your favor.
How Our Law Firm Can Help
Bedsores are not always preventable, particularly for people with limited mobility, incontinence, and other issues. Once a bedsore develops, however, it is critical that care providers provide the proper treatment to prevent it from getting worse. If your loved one does develop a stage 4 bedsore, they may be able to file a lawsuit for their injuries.
With offices throughout New York, the Law Offices of Thomas L. Gallivan is well-equipped to handle nursing home abuse and neglect cases throughout the state. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment, give us a call at 914-220-1086 or fill out our online contact form.
How Long Do I Have to File a Bedsore Lawsuit?
It depends. If the lawsuit is based on negligence, then the statute of limitations is 3 years. If it is based on medical malpractice, then the statute of limitation is 2.5 years. This means that you must file a lawsuit within this time period, or you won’t be able to bring a claim.
Your nursing home abuse lawyer can advise you about the statute of limitations applicable in your case. They will also work hard to ensure that your claim is filed in a timely manner to preserve your rights. In New York, call the Law Offices of Thomas L. Gallivan today to schedule a free consultation.
Who Can File a Lawsuit for a Stage 4 Bedsore?
If you have been diagnosed with a stage 4 bedsore, then you may be able to file a lawsuit against a nursing home and/or your care providers on your own behalf. However, if your family member was diagnosed with a stage 4 bedsore and is not competent to bring a lawsuit on their own, you may bring the claim on their behalf. Alternatively, you may file a wrongful death lawsuit or survival action if your loved one died as a result of complications from a stage 4 bedsore.
These types of bedsore lawsuits can be complex and typically require proof that the facility did not meet a minimum standard of care. Our law firm has extensive experience handling bedsore lawsuits and related claims. Reach out to the Law Offices of Thomas L. Gallivan to schedule a no-cost, obligation consultation with a New York nursing home abuse attorney.
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