Can nursing homes be sued for bed sores?

Oct 28, 2025 2 min read •

senior care Elder Law Negligence

According to the Agency for Healthcare Research and Quality, thousands of hospital patients die each year from complications related to pressure ulcers developed during their stay. This statistic underscores the seriousness of these injuries, which often prompt the question: can nursing homes be sued for bed sores?

Quick Summary

It is possible to sue a nursing home for bed sores, but success hinges on proving the injury resulted from negligence rather than being an unavoidable health complication. A legal claim requires demonstrating the facility's failure to meet its duty of care, which led to the resident's preventable suffering.

Key Points

Sue for Negligence: You can sue a nursing home for bed sores if you can prove the injury resulted from negligence or a breach of the standard of care.
Prove Negligence: A successful lawsuit requires proving the nursing home had a duty of care, breached that duty, and that breach directly caused the resident's harm.
Gather Evidence: Critical evidence includes medical records, photographs of the bedsore, witness testimonies, care logs, and expert medical opinions.
Compensation Varies: The amount of compensation depends on the injury's severity, the degree of negligence, and resulting damages, which can include medical costs, pain and suffering, and wrongful death.
Act Quickly: Early legal consultation is essential to preserve evidence and adhere to state-specific statutes of limitations for filing a claim.
Liability Extends: Liability can extend beyond individual caregivers to include nursing home management and the institution itself, particularly if systemic issues like understaffing contributed to the neglect.
Settlement Potential: Many bedsore cases are settled out of court, but a lawyer must be prepared for trial if a fair settlement cannot be reached.

Understanding the Grounds for a Bedsore Lawsuit

It is possible to sue a nursing home for bed sores. A bedsore, also known as a pressure ulcer, is an injury to the skin and underlying tissue caused by prolonged pressure. For immobile nursing home residents, federal regulations require facilities receiving Medicare and Medicaid to provide a standard of care to prevent these injuries. To successfully sue a nursing home for bedsores, the injury must be proven to be a direct result of negligence rather than an unavoidable medical outcome. A successful lawsuit requires demonstrating the nursing home had a duty of care to the resident and that a breach of that duty directly caused the bedsore and the resulting damages. Evidence needed to build a strong case includes medical records, dated visual documentation, witness testimonies, facility care logs, and expert medical testimony.

Factors Influencing a Bedsore Lawsuit

These cases can be complex, often resulting in out-of-court settlements to avoid a public trial. Potential compensation can cover medical expenses, pain and suffering, and, in some cases, punitive damages.

Key Steps to Take

If you suspect neglect, act quickly. First, get immediate medical care for the resident. Document everything, including taking photographs of the injuries. Report the neglect to the facility and relevant regulatory agencies. Finally, consult a qualified attorney who specializes in nursing home neglect to evaluate your legal options. Early legal action helps preserve evidence and meet deadlines.

For more detailed guidance on the legal process, families can refer to reputable legal information sources like Justia, which provides resources on bedsores in nursing homes and legal options.

Conclusion: Holding Negligent Facilities Accountable

Because bedsores are largely preventable with proper care, their development in a nursing home is a strong indication of neglect. Legal action holds negligent facilities accountable and provides compensation for victims and their families. To learn more about suing a nursing home for bedsores, please consult {Link: For the People https://www.forthepeople.com/blog/can-you-sue-nursing-home-bed-sores/}.

Frequently Asked Questions

Negligence can include a facility's failure to regularly reposition an immobile resident, maintain proper hygiene, provide adequate nutrition and hydration, or monitor and treat the early signs of a bedsore.

Signs of neglect often include bedsores that worsen over time without intervention, appear in multiple locations, or are accompanied by poor hygiene or a lack of documented care. A lawyer and medical expert can help determine if negligence was the cause.

Evidence includes medical records documenting the injury, dated photographs of the wound, eyewitness statements from family or staff, internal care logs from the facility, and expert medical testimony explaining the link between the bedsore and the neglect.

Compensation can cover medical expenses for treatment, compensation for pain and suffering, future medical costs, and in cases of severe negligence, punitive damages. If a bedsore leads to death, a wrongful death lawsuit may be pursued.

The duration of a bedsore lawsuit varies. If the case settles out of court, it could be resolved in several months. If it goes to trial, the process can take a year or more, depending on the case's complexity.

First, seek immediate medical attention for the resident. Document the injury with photographs, report the neglect to the nursing home's administration, and file a complaint with the appropriate state regulatory agency. Then, contact a nursing home abuse attorney.

Even if the nursing home claims the bedsore was unavoidable, a lawsuit may still be pursued. In many cases, expert medical testimony can prove that the injury was preventable with proper care. It is crucial to consult an attorney to assess the validity of your claim.

References

Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.