You can sue for a loved one’s bedsores in Illinois if they resulted from negligence. Bedsores are often preventable injuries that indicate a lack of proper care, such as insufficient repositioning or hygiene. Families trust that nursing homes will provide adequate care, and bedsores can signal neglect.
For help pursuing compensation for your loved one’s bedsores, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
What Are Bedsores, and How Do They Indicate Nursing Home Neglect?
Bedsores are injuries caused by prolonged pressure on the skin, typically occurring on bony areas like heels, hips, and the tailbone. Also known as pressure ulcers, they begin as discolored patches that don’t blanch when pressed and can progress to blisters and open sores. If untreated, these sores may become infected and reach deeper tissues.
Individuals at higher risk include those with medical conditions limiting their movement or those who spend extended periods in bed or seated.
Several factors contribute to the development of bedsores:
- Immobility: Individuals who are confined to bed or rely on wheelchairs are at greater risk because they are unable to change positions independently.
- Poor hygiene: Accumulation of moisture from sweating, urine, or feces can damage the skin, heightening the risk of sores.
- Malnutrition and dehydration: A lack of essential nutrients and fluids can hinder the body’s ability to heal and keep skin healthy.
- Underlying medical conditions: Health issues such as diabetes or circulatory problems can increase susceptibility to skin breakdown.
Who Is at Risk for Bedsores?
Individuals most susceptible to this type of injury include those who spend significant amounts of time in wheelchairs or remain in bed for extended durations. Pressure injuries arise in areas where the skin is compressed against a bone and a surface, like a wheelchair or mattress. These injuries can form rapidly, sometimes within a matter of hours, if there is no movement.
Pressure injuries are prevalent in nursing homes, with about 11% of residents affected. A study in the Journal of the American Geriatrics Society suggests that nearly 28% of nursing home residents may develop bedsores.
How Bedsores Indicate Nursing Home Neglect
Bedsores often indicate neglect in nursing homes. A key factor is the failure to regularly reposition residents, particularly those who are immobile, as they should be turned every two hours to relieve pressure. When bedsores develop, it usually points to staff neglecting to follow repositioning schedules, monitor residents for pressure points, or utilize pressure-relief devices.
Hygiene also plays a critical role in preventing bedsores. Residents left in soiled bedding or clothing are at greater risk due to moisture and bacteria damaging the skin. Neglect in hygiene can manifest as infrequent cleaning or delays in changing soiled bedding.
Inadequate nutrition and hydration further contribute to skin fragility, making residents more susceptible to bedsores. Signs of neglect include weight loss, dehydration, and a lack of personalized meal plans.
Understaffing and inadequate training in nursing homes impede proper care, resulting in fewer checks for repositioning, hygiene needs, and early detection of bedsores.
Legal Grounds to Sue for a Loved One’s Bedsores in an Illinois Nursing Home
In Illinois, families have the option to file a legal claim against a nursing home based on various grounds. Choosing the best nursing home neglect lawyer is crucial to navigating this process effectively.
Negligence
Negligence is the primary basis for suing for bedsore injuries in Illinois. To prove negligence related to bedsores, you must demonstrate four key elements:
Duty of Care
Nursing homes owe residents a duty to provide proper care and protect them from harm. Since patients rely on the facility for medical treatment, establishing this duty is usually straightforward.
Breach of Duty
A breach occurs when a nursing home fails to meet the standard of care expected in similar situations. This might involve inadequate wound care, not repositioning residents, or poor nutrition. You’ll need evidence, like medical records or eyewitness accounts, to support your claim.
Causation
You must show that the nursing home’s breach directly led to the bedsores.
Damages
The victim must suffer actual damages from the bedsores. This includes physical pain, infections, additional medical treatments, emotional distress, and other non-economic impacts.
Breach of the Illinois Nursing Home Care Act
The Illinois Nursing Home Care Act safeguards the rights of residents to receive adequate care and to be free from abuse or neglect. The development of a bedsore due to inadequate care may represent a clear breach of this legislation.
Wrongful Death
In instances where a family member passes away due to complications linked to untreated or infected bedsores, the surviving relatives may have the option to file a wrongful death lawsuit.
When to Contact a Nursing Home Neglect Lawyer for Bedsores Cases
If you find a bedsore on a loved one in a nursing home, it’s essential to seek medical help right away, carefully document the wound, and reach out to a nursing home neglect lawyer in Illinois. The presence of bedsores often indicates neglect, and taking legal action might be necessary to secure the appropriate care and compensation for the injuries sustained.
You should contact a nursing home abuse lawyer right after you identify a bedsore, as this step is critical for both medical and legal reasons. Reporting nursing home neglect and ensuring your loved one receives immediate medical attention is the top priority, and having legal guidance can clarify the nursing home abuse case timeline and your next steps.
If you notice that the bedsore is worsening or not healing, this could signify ongoing neglect, forming the basis for a legal case. Additionally, if complications arise, such as signs of infection or other serious issues, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to pursue legal action so that your loved one gets the necessary treatment.
