Discovering bedsores on an older loved one in a nursing home is always shocking and distressing. You relocated the family member to the nursing home to ensure their health and wellness, yet the beloved elder has suffered neglect and abuse.
Contacting a Marion personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, is among the first steps to take after finding out such negligence has occurred. The attorney will work closely with your family to hold those responsible accountable and hopefully win significant compensation.
How Bedsores Form
Bedsores form on bedridden individuals and people who experience other mobility issues, such as those in wheelchairs. The skin remains under pressure for extended periods, eventually forming wounds. Bedsores are also known as pressure ulcers, decubitus ulcers, pressure injuries, and pressure sores.
They are usually found on the buttocks, hips, shoulder blades, heels of the feet, backs, sides of the knees, and back of the head. Pressure ulcers cut off the blood supply to the skin and can form in as little as two to three hours. As the skin dies, it becomes swollen and red. Without relief, the sore breaks open, and the infection risk increases.
Depending on the degree of damage to underlying tissue, the wound may never fully heal. Bedsore symptoms include:
- Inflammation
- Unusual skin texture and color changes
- Tenderness
- Pus-like drainage
- Skin that feels warmer or cooler than it should
Bedsores Are Considered Elder Abuse
Since bedsores are a type of elder abuse, any sores on an older loved one should be reported to the proper authorities. Family members can report the abuse to one or several authorities, including the local police department, social services branch, and Tennessee Commission on Aging & Disability. Each report should include specific details about the bedsores and any other signs of elder care neglect and abuse.
Common signs of nursing home abuse include:
- Bruising and cuts
- Unsanitary living conditions
- Mood or personality changes
- Fear around certain staff members
- Poor oral hygiene
- Untreated physical issues
- Social withdrawal
- Stolen jewelry and other valuables
- Unexplained financial changes
Bedsores and other nursing home neglect/abuse can occur because the facility is understaffed. It can also occur because of vindictive and emotionally or mentally-disturbed staff members who take their anger and frustration out on the elderly. These individuals might be motivated to steal from elderly residents or have other unscrupulous designs.
Nursing home neglect and abuse is a sad reality that occurs throughout the country and the world. Working with a nursing home bedsore lawyer in Marion, TN, is a way to bring awareness to this continuing problem and protect more older individuals from abuse.
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Damages the Family Can Request for Bedsores and Other Nursing Home Neglect
Since nursing home neglect and abuse fall under the personal injury law umbrella, it is possible to collect economic and non-economic damages. In some cases, the abuse is so severe and widespread throughout the facility that the family can request punitive damages. Such damages are meant to punish defendants for gross wrongdoing and negligence.
Common economic damages in bedsore cases include medical expenses. Depending on the severity of the bedsore(s), medical care can consist of infection treatment, removal of dead skin, grafts to replace the dead skin, and negative pressure therapy. The latter treatment is used for bedsores and other slow-healing wounds and involves placing moist gauze or foam packing on the affected area.
The foam or gauze features a suction tube connected to a small machine that encourages the skin edges to come together. This causes the wound to tighten and increases blood flow to the area. The more blood the wound receives, the easier it becomes to heal because of increased nutrients.
Non-economic damages requested by a nursing home bedsore attorney in Marion include pain and suffering, emotional distress, and mental anguish. These damages are designed to compensate the older loved one and their family for the mental and emotional pain they have experienced because of the elder’s bedsores.
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Why Working with a Marion Nursing Home Bedsore Attorney Is Necessary
It is natural for family members to feel extreme distress about an abused older loved one in a nursing home. After filing complaints with the appropriate parties, such as social services and the Tennessee Commission on Aging & Disability, family members can contact a lawyer to take legal action. Working with a legal representative is invaluable during this trying time because the attorney collects all of the evidence and launches an official investigation that includes taking witness statements.
The lawyer files an official legal claim thereafter, citing the extent of the bedsores and any other nursing home abuse. The claim also details the damages the family desires. Working with a nursing home bedsore lawyer in Marion, TN, allows family members to focus on helping their loved one recover.
The legal professional ensures all documents are filed with the courts correctly and on time and represents the family during settlement talks. While most bedsore claims are settled out of court, there are times when the offending facility refuses to pay for damages, and a trial date is set. However, most nursing home facilities are willing to settle, as doing so reduces the risk of severe reputation damage.
Additionally, the offending staff members are usually fired and banned from working in elder care facilities. The facility might also face a state government shutdown. In some cases, the family members of other nursing home residents discover bedsores and other abuse signs on their older loved ones, and so a larger lawsuit by several families typically results.
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Compensation does not make up for what you, your older loved one, and other family members have experienced from this ordeal. However, it does allow you to seek the best medical treatment for your beloved elder and provide them with the highest-quality care moving forward.
If you need to speak with a Marion nursing home bedsore attorney regarding nursing home abuse, contact Gatti, Keltner, Bienvenu & Montesi, PLC, today. These attorneys represent clients throughout West Memphis and the surrounding areas and never take fees unless they win. Call our office to schedule a free consultation or send a message online.