Learning that a loved one has developed pressure ulcers can be shocking and take an emotional toll on both the patient and their family. While concern for the patient’s health should be the immediate and primary focus, understanding legal rights and the next steps is also crucial. Many families overlook and misunderstand the legal aspects of pressure injuries. Legal missteps can significantly damage a potential case, making it crucial to avoid common legal mistakes to maximize compensation.
- Not Documenting the Injury Immediately
One common mistake is not documenting the injury immediately. Many families trust the facility to “take care of it” and do not take photos of the wounds or keep personal records. When families fail to document wounds, valuable evidence may be lost when they seek legal action. To establish a strong legal case, take clear photos with notes describing where and when the injury was discovered.
- Failing to Request Medical Records
The second common legal mistake families make is failing to request medical records. These records are crucial in proving negligence, yet many families do not ask for them until it is too late. Additionally, facilities may deny or delay access if patients and families are unaware of their rights. After discovering a pressure injury, request medical records as soon as possible, particularly wound care logs and incident reports.
- Trusting the Facility’s Explanation Without Question
Often, facilities downplay or mischaracterize the severity of bedsores, claiming the injury is “inevitable” due to a patient’s health or immobility. Families may hesitate to question the explanations of medical staff and facility administrators. Rather than accepting facility explanations with blind faith, families should seek second opinions and talk to legal experts early to evaluate the credibility of the explanation.
- Waiting Too Long to Contact a Lawyer
The fourth legal mistake families make is waiting too long to contact an attorney. Pressure injury cases involve complex timelines and statutes of limitations that vary by state. It is crucial to contact an attorney as soon as possible, as delays may result in lost evidence and weakened claims. Ensure you consult a personal injury attorney at the first suspicion of negligent care.
- Assuming They Don’t Have a Case
Often, people believe they can’t sue for a variety of reasons. They may rationalize avoiding legal recourse by thinking “it’s just a small sore”, “they’re elderly anyway”, or “accidents happen.” This mindset can prevent families from seeking justice, accountability, and compensation. Rather than making evaluations on your potential legal case, let an attorney evaluate the facts. In many cases, even minor injuries can indicate serious neglect.