Bedsores Attorney in New York City

Did someone you love get bedsores while staying in a nursing home or hospital? If they did, that should never have happened. And you may be able to do something about it.

I help families just like yours when a nursing home or hospital lets a patient get hurt through neglect.

Bedsores happen when a patient is left sitting or lying in the same spot for too long. The skin breaks down. It starts with redness, but if no one steps in to help, it gets worse. Much worse. The wound can go deep into the body, all the way to the muscle or even the bone. It can get infected. And in some cases, it can lead to death.

The thing is, bedsores are easy to prevent. All it takes is moving the patient on a regular basis, keeping their skin clean and dry, and making sure they're eating and drinking enough. That's basic care. That's the bare minimum. And when a facility doesn't do it, whether it's because they don't have enough staff or they just don't care, that's neglect. Plain and simple.

So what can you do about it? You call us. We'll sit down with you, go over the medical records, and tell you straight up if you have a case. That costs you nothing. And if we take your case, you don't pay us a thing unless we win.

But don't wait too long. The records and proof you need can go away over time, so the sooner you reach out, the better.

Where Bedsores Happen Most Often

Pressure sores form on parts of the body where the bone sits close to the skin and a hard surface presses against it. In bedridden patients, the most common locations are the tailbone, the heels, the hips, the back of the head, the elbows, and the shoulder blades. In wheelchair-bound patients, the most common locations are the buttocks, the back of the thighs, and the area where the spine meets the chair back. Sores can also form on parts of the face from oxygen masks, on the ears from nasal cannulas, on the back of the neck from cervical collars, and on the ankles or feet from compression devices. The location of the sore often tells the story of how the patient was positioned, and for how long.

The Four Stages of a Bedsore

Stage 1. A reddened area that does not blanch (turn white) when pressed. The skin is still intact. If caught here, the patient heals with simple repositioning.

Stage 2. An open sore with shallow loss of skin. The wound looks like a blister or a scrape.

Stage 3. A deep wound that extends through the skin into the fat layer beneath. The wound is hollow, and you may be able to see down into it.

Stage 4. A wound so deep that muscle, tendon, or bone is exposed. Stage 4 sores are extremely serious and routinely lead to infection, sepsis, amputation, or death.

Two additional categories deserve attention. "Unstageable" sores are covered with dead tissue or scabbing that prevents the depth from being measured. "Suspected deep tissue injury" describes a purple or maroon area of intact skin caused by underlying damage that has not yet broken the surface. Either of these can be a Stage 3 or Stage 4 wound in disguise.

What Federal and New York Rules Require

Nursing homes participating in Medicare and Medicaid must follow 42 CFR §483.25, which requires the facility to ensure that residents do not develop bedsores unless they were clinically unavoidable, and that residents who arrive with bedsores receive treatment to promote healing. New York State Department of Health regulations impose similar requirements on hospitals and adult care facilities. The Centers for Medicare & Medicaid Services classifies Stage 3 and Stage 4 pressure ulcers acquired in a facility as "never events," meaning they are events that should never happen in proper care.

When a facility tries to defend a bedsore case by saying the sore was "unavoidable," they have a difficult burden. They must show the resident was identified as high risk on admission, the appropriate preventive care plan was written, every intervention in the plan was actually delivered, and the sore still developed despite all of those efforts. In our experience, very few facilities can meet that burden.

What We Look for in the Records

When we open a bedsore case, the first thing we do is request the complete medical chart. We look for the Braden Scale risk assessment and reassessments, the care plan, the turning and repositioning records, the skin assessments, the nutritional intake records, the incontinence care notes, the wound care nursing notes, the physician orders, the lab work, the photos taken by wound care nurses, and any incident reports. We also request staffing records to see whether the unit was staffed at safe ratios on the days the wound progressed.

We frequently find that the records contradict themselves. The turning sheet says the patient was repositioned every two hours, but the nursing notes describe the same patient as being found in the same position for an entire shift. The care plan calls for a pressure-relieving mattress, but the supply records show none was ever ordered. The dietary records show meals being delivered but no record of whether the patient ate. These contradictions are the foundation of a winning bedsore case.

Damages in a Bedsore Lawsuit

When a bedsore causes harm, the damages a family can recover include:

• The cost of medical care to treat the wound, including hospitalization, debridement, surgery, antibiotics, wound vacuum therapy, and skilled nursing care.
• Pain and suffering. Stage 3 and Stage 4 bedsores are excruciating, and the law recognizes the suffering they cause.
• Loss of enjoyment of life and emotional distress.
• In a wrongful death case, funeral and burial expenses, conscious pain and suffering before death, and the pecuniary loss to surviving family members.
• Punitive damages in cases of egregious or reckless neglect.

Time Limits on Bedsore Cases

New York generally allows three years from the date of injury to file a personal injury case based on negligence. If the bedsore caused death, the wrongful death deadline is two years from the date of death. Cases against public hospitals and government-run facilities require a notice of claim within 90 days of the event, with a one-year-and-90-day statute of limitations. Cases involving Medicare or Medicaid require attention to potential reimbursement liens. The earlier you call a lawyer, the more options you preserve.

What to Do Right Now If You Suspect a Bedsore

• Ask to see the wound, document it with photographs, and note the date.
• Ask the facility for a written explanation of when it was first observed, what treatment is being given, and what the care plan calls for.
• Request a copy of the medical records.
• If the wound is serious, consider transferring the patient to a hospital or wound care center for an independent evaluation.
• Write down the names of the staff you speak with and the dates of every conversation.
• Call a lawyer who handles these cases.

Settlement Versus Trial

Most bedsore cases settle. Once the medical records and the expert opinions are in hand, the facility's insurance carrier usually understands the exposure and prefers to negotiate. Settlement avoids the expense of trial and the risk of a large jury verdict. We have settled bedsore cases for amounts ranging from low six figures to multi-million-dollar recoveries, depending on the severity of the wound, the damages suffered, and the strength of the evidence. When a facility refuses to settle on reasonable terms, we are prepared to try the case in front of a jury. Bedsore cases play well to juries because the photographs, the records, and the testimony are powerful, and juries understand instinctively what it means to leave a vulnerable patient lying in their own waste.

How Our Fee Arrangement Works

We handle bedsore cases on a contingency fee basis. That means you pay nothing up front and you pay nothing unless we recover money for you. Our fee comes out of the recovery, and we advance the costs of medical experts, court filings, and depositions. If the case does not result in a recovery, you owe us nothing. This arrangement levels the playing field and lets families pursue justice without worrying about legal bills.

Areas We Serve

We represent bedsore victims and their families across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, and Westchester County. We have handled cases against nursing homes, rehabilitation facilities, hospitals, assisted living communities, and home care agencies throughout the metropolitan area.

Speaking With the Family Before You Decide

Many of the strongest bedsore cases come to us through family members who saw something was wrong and started asking questions. If the patient is still alive, their account of how they were treated, who came in their room, how often they were turned, and how their complaints were received can be powerful evidence. If a sibling or other relative noticed signs of neglect before the bedsore was discovered, their observations should be written down while memories are fresh.

Call Us Today

Your loved one deserved to be taken care of. If they weren't, you have every right to hold that facility responsible. You can contact us by phone at 212-233-1233 or by email at [email protected]. We're here to help.