Missouri Bedsore Lawsuit

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

If your family member is immobile, in a hospital bed, or a resident of a nursing home, they may require assistance to reposition in their bed and avoid developing bedsores, which can lead to serious infections and discomfort. Professional caregivers and medical providers have a legal duty to provide their clients and patients with a minimum level of care. Unfortunately, when they fail to uphold this duty, your loved one pays the price.

Though we entrust nursing homes and other facilities to look after their residents and patients, medical negligence and nursing home neglect are all too common. Our bedsore lawsuit lawyers in Missouri explain signs of neglect to look out for and what legal options you have to claim compensation for your loved one. Contact our team to schedule a free consultation and learn how we can help you fight for justice.

Key Takeaways

  • You can sue a nursing home for bedsores if negligence led to the injury.
  • Many forms of nursing home abuse and neglect can cause bedsores.
  • The value of your bedsore lawsuit will depend on the individual circumstances of your case.
  • Filing a bedsore claim is a complex process that may be difficult to navigate on your own.
  • An experienced bedsore lawsuit attorney can help you maximize your recovery.

Can You Sue a Nursing Home for Bedsores?

Yes, you can sue a nursing home for bedsores. If the nursing home’s carelessness caused the bedsores, you may have grounds to take legal action and recover damages. In many cases, negligence will be the primary cause of action, which requires proving four elements:

  1. Duty – First, you need to establish that the nursing home owed a duty of reasonable care to the patient.
  2. Breach of duty – Next, you must show that the nursing home failed to uphold its duty.
  3. Causation – Then, you must prove that the breach of duty caused the bedsores.
  4. Damages – Lastly, you need to show that this led to compensable harm and losses, such as medical expenses, pain, and suffering.

Violation of nursing home abuse statutes can also go a long way in helping you establish a claim. You may also be able to file a case based on medical malpractice. The legal standard for medical malpractice is higher than for simple negligence. Our skilled medical malpractice attorneys can help you figure out if you have grounds to bring this kind of claim.

Common Causes of Bedsores in Nursing Homes

Nursing home abuse and neglect can take many forms. Common causes of bedsores in these settings include:

Failure To Reposition Nursing Home Residents

Nursing homes may be liable if they allow an immobile resident to stay in the same position for too long, as doing so can lead to painful bed sores and pressure ulcers. Nursing homes should have rules and procedures in place detailing when and how to reposition a resident to avoid bedsores. 

Poor Nutrition and Hydration

Studies show that poor nutrition and insufficient water increase the risk of developing of bedsores. Not getting enough nutrients can also affect a person’s immune system and ability to heal wounds. Likewise, dehydration can impair a person’s circulation, metabolism, and ability to heal wounds. 

Insufficient Staffing

When a nursing home does not have enough staff members to care for residents, it could amount to negligence or even result in a statutory violation. Again, patients may suffer from bedsores when there is no one present to make sure they have not been in one position for too long.

Inadequate Training

Failing to train nursing home staff properly can also lead to serious health conditions for residents, including bedsores. Nursing homes must provide comprehensive training to ensure residents receive the level of care they need and deserve.

Poor Hygiene

Neglected nursing home residents may not receive baths, wound cleaning, or bedding changes as often as needed. As a result, small bedsores can quickly become infected and develop into painful pressure ulcers.

Other Causes of Bedsores

Other signs of nursing home abuse and negligence that may lead to bedsores include:

  • Poor treatment or management of diabetes
  • Failure to reduce friction caused by bedsheets, wheelchairs, or other materials
  • Failure to adequately monitor nursing home patients
  • Ignoring or delaying treatment of health conditions

How Much Is a Bedsore Lawsuit Worth?

Each bedsore case is different. Generally, victims can recover compensation for things like medical bills, lost wages, physical pain, emotional harm, and the cost of future medical care. However, the amount they receive will depend on various factors, including:

  • The extent of their injuries
  • The cost of medical treatment
  • The total income they lose as a result of their injuries
  • Pain and suffering endured due to the bedsores
  • The level of negligence by the at-fault party

Your nursing home abuse lawsuit may also qualify to receive punitive damages. Though rare, if the defendant’s actions are considered particularly egregious, a court can order punitive damages to punish the defendant and deter the same behavior in the future.

When Should You File a Bedsore Lawsuit?

If you suspect a loved one has developed bedsores because of carelessness at a medical facility or nursing home, it’s vital to take legal action quickly. The Missouri statute of limitations for nursing home abuse cases is two years from the date of the injury (or three years if the abuse resulted in wrongful death). After the deadline passes, your case will most likely be dismissed, and you will forfeit your right to recover damages.

The Missouri bedsore lawsuit attorneys at Brown & Crouppen have extensive knowledge of the laws that can affect your claim. Schedule a free consultation to determine if you have a viable case.

How To File a Bedsore Claim in Missouri

Filing a bedsore injury lawsuit in Missouri can be a complex process, especially when you’re dealing with multiple defendants and insurance companies eager to minimize the value of your claim. Here are some of the steps that are normally involved in bedsore claims:

  • File a complaint and report the incident to the appropriate authorities.
  • Seek medical attention for the bedsores.
  • Document the injuries and treatment progress.
  • Collect available evidence to build your case.
  • Negotiate a settlement with insurance companies.
  • Argue your case in court before a judge and jury.

Do not wait to consult an experienced bedsore lawsuit attorney. With so many steps and considerations to take into account in the litigation process, you’ll need the guidance of a skilled Missouri bedsore lawyer. Our attorneys know what steps to take to maximize your recovery. 

The Role of Legal Representation in Bedsore Cases

Obtaining high-quality legal representation in bedsore lawsuits is important for securing the best possible outcome for in case. Our experienced lawyers understand the tactics insurance companies use to avoid paying full and fair compensation to injury victims. 

We are committed to providing top-tier legal representation. When you work with our legal team, we will level the playing field and provide outstanding legal services. You can count on us to:

  • Conduct an in-depth investigation of what led to the bedsores
  • Gather all available evidence in your case
  • Calculate the full and fair value of your claim
  • Negotiate fiercely for a meaningful bedsore lawsuit settlement
  • Represent you at trial if we need to take your bedsore case to court
  • Provide compassionate support for you and your loved one throughout the claims process
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Get started with a free consultation with one of our skilled Personal Injury Lawyers today.

Contact a Nursing Home Bedsore Lawsuit Attorney at Brown & Crouppen

If you need a trusted attorney to handle your bedsore case, our nursing home abuse lawyers in St. LouisKansas City, and throughout Missouri are ready to help you pursue justice. We have decades of experience practicing personal injury law and have recovered over $1 billion in settlements and verdicts for our clients. Schedule your free consultation to get started on your case today.

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