Are Bedsores Grounds for a Lawsuit?

Monday, May 19, 2025

Are Bedsores Grounds for a Lawsuit?

Written by Malman Law, reviewed by Steve J. Malman.

Individuals in hospitals and nursing homes are often frail and have poor mobility. Because they spend long hours in their beds in the same position, they are at risk for developing painful pressure sores, also known as bedsores. Medically referred to as decubitus ulcers, these sores are often a sign of nursing home abuse or neglect. This is especially true when the individual had no history or existing sores at the time of their admission.

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Bedsores are extremely painful and take much longer to heal than other types of sores. Often they become life-threatening infections and because the individuals suffering from them are in failing health, these sores can turn fatal.

According to statistics offered by the Centers for Disease Control, 11 percent of the nation’s nursing home patients have one or more bedsores present.

What are Bedsores?

Bedsores are skin lesions that are the direct result of constant pressure on the bony areas of the body, such as the spine, back of the head, hips, tailbone, ankles, heels, and elbows. The pressure decreases blood flow, which then decreases oxygen to the tissue, causing that tissue to die. People with paralysis, poor nutrition, circulatory issues, and dementia are at higher risk for these sores.

Medical professionals classify bedsores into four categories that range from a simple persistent reddened area on the skin (stage one) to a deep, life-threatening lesion that has already reached the bone (stage four).

Prevention is Key

Federal health regulations are strict about how to prevent and treat bedsores. Nursing homes and hospitals are obligated to identify patients who are at risk for developing them and to take preventative action. Creating a “care plan” that discusses how to rotate the patient’s body and treat bedsores from appearing or increasing in severity is also required. Unfortunately, most of the staff assisting these limited mobility patients are not qualified to identify the early stages of bedsores, and with nursing homes short on critical staff, bedsores can easily be ignored.

Conducting frequent inspections, regularly turning and repositioning the patient, and using pressure relieving devices is key to inhibiting the development of bedsores.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

Determining Negligence

Almost all bedsore cases are signs of neglect, and if a bedsore is allowed to continue and worsen into more serious stages, the medical professionals overseeing care can be held liable for any infections, medical costs, or death associated with those bedsores.

How Can I Sue a Nursing Home for Bedsores?

When a nursing home’s negligence causes harm, legal action can hold them accountable and protect residents from further mistreatment. According to Medicare Guidelines, all residents have the right to live free from neglect and abuse. This includes receiving adequate medical care, attention, and basic needs such as hygiene, nutrition, and mobility assistance. 

If you suspect neglect, here’s how to proceed: 

1. Prove Negligence Led to Bedsores 

Shows that the nursing home failed to meet a reasonable standard of care, directly contributing to the development of bedsores. This may involve collecting medical records, event logs, and witness testimonies from staff members or other residents. 

1. Document Failure to Prevent or Treat Bedsores 

Highlight instances where the facility neglected preventive measures like repositioning immobile residents, maintaining proper hygiene, or ensuring adequate nutrition, all of which are critical to preventing bedsores. 

1. Demonstrate Inadequate Care 

Evidence of understaffing, improper staff training, or delayed treatment strengthens your case. These elements showcase systemic issues in the facility’s operations. 

Partnering with an attorney experienced in nursing home malpractice will help ensure these elements are presented effectively in court, providing the best chance for justice.

What Is the Average Bedsore Settlement?

Settlement amounts for bedsore lawsuits can vary significantly depending on the severity of the injury, the extent of negligence, and the overall impact on the victim’s life. Bedsores, also known as pressure ulcers, are often a clear indicator of neglect in nursing homes, hospitals, or other care facilities where individuals rely on caregivers for their well-being. These cases highlight the devastating impact on the victim and aim to hold negligent facilities accountable.

Settlements can range from tens of thousands to millions of dollars. The specific settlement amount depends on the unique circumstances of each case, including the victim’s medical needs, the duration of suffering, and the extent of caregiver negligence. 

Factors Influencing Settlement Amounts

• Severity of the Injury 

The severity of the bedsore plays a critical role in determining the settlement amount. Advanced-stage bedsores (stages 3 and 4) often result in significant medical complications, such as infections, sepsis, or the need for surgical intervention like wound debridement or reconstruction. These cases naturally lead to higher payouts due to the extensive treatments required and the lasting impact on the victim’s quality of life.

• Negligence Severity 

If the bedsore results from gross negligence, such as a facility’s failure to monitor patients, inadequate staffing, or lack of proper training, the settlement amount may include punitive damages. These are intended to compensate the victim and serve as a deterrent to prevent future neglect.

• Medical Expenses 

Bedsore settlements often cover the significant costs of medical care, including hospital stays, surgeries, medications, physical therapy, and ongoing wound care. Settlements also aim to cover future expenses for victims who require long-term care due to complications.

• Pain and Suffering 

Beyond physical damage, bedsore victims and their families endure emotional and psychological trauma. Settlements often include compensation for the emotional distress caused by the victim’s suffering, as well as the family’s anguish from witnessing their loved one’s pain.

Why Pursue a Bedsore Settlement?

Bedsore lawsuits serve as a vital mechanism for justice. They not only compensate victims for their suffering but also encourage facilities to improve their standards of care. Filing a lawsuit can also illuminate systemic issues within care facilities, helping to protect others from similar harm.

If you or a loved one has suffered from bedsores because of negligence, consulting a qualified attorney is critical. They can help evaluate your case, determine potential damages, and work to hold negligent parties accountable. Remember, every case is unique, and a skilled legal team can help you navigate the process and secure the compensation you deserve.

Examples of Bedsore Settlements

• $1,500,000 for a resident whose untreated ulcers led to severe infections. 
• $12,800,000 was awarded in a wrongful death case due to untreated stage 4 bedsores. 

Each case is unique, making it essential to consult an attorney to understand its worth.

Grounds for a Bedsores Lawsuit

Bedsores, also known as pressure ulcers, occur when prolonged pressure reduces blood flow to the skin. They typically affect individuals who are immobile for extended periods. Severe cases can lead to life-threatening complications, including infections and tissue damage.

According to the Cleveland Clinic, people who are immobile, bedridden, or have limited ability to move are more likely to develop bedsores due to pressure, friction, and moisture on the skin. 

Plaintiffs may have grounds for a lawsuit when the nursing home’s negligence directly leads to bedsores. Common reasons include:

Failure to Reposition Residents

Fixed residents must be regularly turned to prevent extended pressure on sensitive tissues, which can cause painful and life-threatening bedsores. When residents are not turned correctly, they stand to develop serious complications, such as infection or open wounds that might become life-threatening. This essential but unavoidable aspect of care is too frequently skipped in understaffed facilities.

Lack of Proper Hygiene

Proper hygiene is essential for preventing infections and reducing the risk of bacteria worsening sores. Poor hygiene practices, such as infrequent bathing or improper cleaning of wounds, leave residents vulnerable to significant health issues, including sepsis or other complications that can escalate quickly without intervention.

Insufficient Staffing 

A lack of adequate staffing often results in neglect, as overburdened caregivers struggle to provide timely repositioning or care. Insufficient staff means critical tasks, such as routine skin checks or wound care, may be delayed or missed, further endangering residents’ health and well-being.

Poor Training of Staff 

Untrained or poorly educated personnel may fail to recognize or treat the early stages of bedsores, allowing them to worsen into severe ulcers. Comprehensive staff training on proper prevention techniques, early detection, and wound care is essential to protect residents from preventable harm.

Failure to Monitor Residents 

Nursing homes are responsible for conducting regular skin checks to catch the early signs of bedsores. Proper, routine monitoring can prevent minor irritations from escalating into serious and life-threatening conditions. Without such vigilance, residents are left vulnerable to preventable complications that could be avoided with timely intervention.

When Treatment is Needed – It Must be Administered

Stage one and stage two bedsores often heal with non-invasive, conservative treatments. More advanced sores, such as those at stage three and four, require debridement where the damage and infected tissue is removed and bandaging of the affected area. Sometimes reconstruction is required; this surgery often has the highest percentage of complications for elderly and frail individuals – even if the patient survives the procedure, recovery is painful, long, and extremely difficult.

Speak with an Attorney at Malman Law

If your loved one is in a nursing home, assisted living facility, or hospital and has developed bedsores, speak with an attorney right away. The attorneys at Malman Law will help you explore your options and exercise your right to compensation, ensuring those responsible are held accountable for their negligent actions. Contact us online or call 888-625-6265 for a consultation appointment.