A bedsore is a type of ulcer that develops when a portion of your skin and the tissue beneath it is subjected to prolonged pressure, such as when you are confined to a bed or wheelchair for most of the day. These ulcers can swiftly lead to serious and often fatal infections if left untreated. Bedsores can occur in nursing home residents when their caregivers neglect them.
Your elderly loved one could be at risk from bed sores too. However, you could hold the nursing home liable for the neglect and injuries your loved one suffered. Here is how you could have a Waldorf nursing home bedsore injury attorney from Brown & Barron help you recover a settlement from the at-fault nursing home.
Prioritize Your Loved One’s Safety
Your elderly family member’s health and safety come first before any legal action. If you suspect abuse or neglect in the nursing home, do not hesitate to contact the local authorities and get your loved one out of the facility as soon as possible. You can report the problem to government agencies such as:
- Adult Protective Services
- Office of Health Care Quality
- Maryland Department of Aging Long-Term Care Ombudsman Program
- 911 or the local police department (if the matter is an emergency)
Promptly reporting the nursing home abuse or neglect allows these departments to investigate the nursing home sooner. They will also penalize the facility as they see fit and work towards improving the facility’s care standards.
Get in touch with a bedsore injury lawyer serving Waldorf, 410-547-0202 for a free case evaluation.
Nursing Home Residents Have a Right to Receive Proper Care
A combination of federal and state laws regulates how nursing home facilities should care for their residents. Furthermore, nursing home residents also have a bill of rights stipulated in Md. Code Regs. 10.07.09.08. One of these rights includes receiving the proper treatment and care to enhance their quality of living in the facility.
That means the nursing home staff should also prevent bedsores in the elderly. They should also provide access to quality health care services if the resident needs them. Moreover, the resident should have the freedom to choose their physician and participate in their treatment plans. Failure to provide such care for the elders can make the nursing home liable in the bedsore injury case.
Our nursing home bedsore injury lawyer will study all of the relevant nursing home laws in your situation to better guide you in making your case. We can also help determine whether the entire nursing home is at fault or if only an individual is responsible for the injury so you can take legal action against the appropriate party.
Recoverable Damages in Nursing Home Bedsore Injury Claims
If the bedsore injury case is successful, you and your elderly loved one may be able to recover economic and non-economic damages. Let us look into these two types of damages more closely here.
Economic Damages for Financial Losses
Economic damages compensate you for the expenses accrued due to your elder loved one’s condition. These can include:
- Medical expenses such as hospitalizations, surgeries, doctor’s appointments, and medications
- Earnings you lost while caring for your loved one
- Cost of temporarily caring for your loved one yourself
- Cost of transferring your elderly loved one to a new nursing home
If your loved one later passed away due to bed sore complications, you could also get compensated for your funeral and burial expenses. To estimate your economic damages, your nursing home bedsore injury lawyer can help compile all records of related bedsore injury expenses, such as medical bills.
Non-economic Damages for Pain and Suffering
While calculating economic damages is straightforward, calculating non-economic damages is more complicated. These compensate your loved one for their pain and suffering. Typically, the more severe your loved one’s injury, the larger the compensation. To arrive at a dollar amount, the court will multiply the economic damages by a specified value based on the severity.
For example, if the bedsores were infected and required extensive surgery, your multiplier would be higher than if no surgery was required. Some examples of non-economic damages include:
- Emotional trauma
- Loss of enjoyment of life
- Disabilities or disfigurements (for example, the bedsore may get infected enough to the point that it might need to get amputated)
Your nursing home attorney can review your loved one’s injury to estimate the amount of non-economic damages you could recover from the liable nursing home or party.
Statute of Limitations in Maryland to File a Nursing Home Bedsore Injury Lawsuit
Like other Maryland elder abuse and neglect cases, Waldorf nursing home bed sore cases typically follow the filing deadline. Per Md. Cts. & Jud. Proc. Code § 5-109, you have the sooner of either five years after your injury, or three years after the discovery of your injury, to file. Therefore, it would be best to start forming the suit while it is still early. Late submissions will automatically get dismissed in court, barring you and your elderly loved one from financial recovery.
Part of your nursing home lawyer’s responsibility is to help you comply with your filing requirements. This includes ensuring that you can file your case on time. In addition, they can keep track of your suit’s progress to see what other tasks still need doing.
Our Nursing Home Bedsore Injury Lawyers Are Ready to Help You Today
Discovering that an elderly family member suffered in a place supposed to care for them can be distressing for anyone. However, you can take legal action against the liable nursing home or staff to help your loved one find justice and compensation. We have a Waldorf nursing home bedsore injury attorney ready to guide you through your situation and provide legal representation.
The law office of Brown & Barron has over a century of combined experience in nursing home abuse, medical malpractice, and other injury practice areas in Maryland. We are always here to share our legal knowledge, so you can receive a free consultation by sending the case details online. You can also contact us anytime. We are available to hear your concerns 24/7.
Contact Brown & Barron online today to schedule a free case review with a with a bedsore injury lawyer serving Waldorf.