Pressure ulcers, commonly known as bedsores or pressure injuries, are localized damage to the skin and underlying tissue resulting from prolonged pressure, friction, or shear. The areas most affected include bony regions such as the heels, tailbone, hips, and elbows. Pressure injuries are significant from a legal perspective because if they arise from negligence or inadequate care in medical or long-term care facilities, they can lead to legal action.
Pressure ulcers have four stages of severity. Stage one is characterized by non-blanchable redness, which involves red or discolored skin that does not turn white when pressed. Pain, itching, or tenderness is associated with stage one pressure ulcers, and the skin may feel warm or firm. Early-stage pressure sores are often preventable with proper repositioning and skin care; however, proving neglect at this stage is much more challenging. Stage two pressure injuries are open wounds or blisters with a pink or red coloring and partial skin loss. Patients suffering from stage two pressure ulcers feel pain and tenderness, and skin damage is visible. Failure to treat stage two pressure injuries may lead to infection or worsening injuries. Stage two pressure injuries have stronger legal claims for medical malpractice and negligent care. Evidence of inadequate wound care, failure to turn/reposition, or poor hygiene helps build a strong legal case.
Stage three and four pressure ulcers are more severe and can be life-threatening. Stage three pressure ulcers involve full-thickness skin loss. These injuries are deep, open wounds that expose fat tissue. They are incredibly painful, have a foul odor, and have possible infections. Stage three bedsores indicate severe tissue damage, often due to prolonged neglect. These injuries have a basis for strong legal claims regarding medical malpractice and negligent care. Stage four pressure injuries are the most severe and involve full-thickness tissue loss with exposure of bone, muscle, or tendons. These bedsores induce severe pain or numbness due to nerve damage, infection, and necrosis. They may have life-threatening complications, which indicates systemic neglect.
Signs of negligence make pressure ulcers a legal matter. Signs of negligence include lack of proper repositioning, inadequate hygiene or wound care, failure to properly assess or treat early-stage ulcers, and ignoring signs of infection or deterioration. Commonly liable facilities are nursing homes, hospitals, rehabilitation centers, and long-term care facilities. Legal recourse is recommended in cases of medical malpractice, negligence, and wrongful death cases. Those suffering from bedsores because of negligence may be eligible for various forms of compensation. They are eligible for potential medical expenses, including the costs of treating the ulcer and related complications along with pain and suffering, which is compensation for physical pain and emotional distress. Punitive damages in cases of gross negligence or willful misconduct may also be available. In the most extreme cases, wrongful death damages may be awarded to families of victims who die due to pressure ulcer complications.
Stage three and four pressure ulcers have the strongest indicators of neglect and may warrant legal action. It is important to have the proper documentation, such as photos of the ulcers, medical records, and notes of complaints or signs of inadequate care. If you suspect neglect leading to you or a loved one developing a pressure ulcer, contact an attorney to discuss your options.