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How Lawyers Prove Neglect in Bedsore Injury Cases

A study in BMC Nursing reported a mean national prevalence of 17.6% for pressure injuries, with a significant portion being community-acquired. In skilled nursing facilities, pressure injury prevalence can range from 2.2% to 23.9%, according to the National Center for Biotechnology Information. 


Bedsores, also called pressure ulcers, usually happen in nursing homes or hospitals. These

are painful wounds that often happen when someone isn’t moved or cared for and can be a sign that a patient has been neglected.


NC bedsore lawyer Thomas Pleasant says that bedsores can emerge because of poor hygiene and cleanliness, lack of repositioning, and not receiving the proper monitoring and treatment that is necessary.


If a loved one develops bedsores while under medical care, you may wonder if something was done wrong. In serious cases, families turn to lawyers for help.


Learn how lawyers prove neglect in bedsore injury cases and what steps they take to hold caregivers or facilities responsible.

Understanding Bedsore Injuries and Their Causes


Untreated bedsores can pose serious health issues. Pressure ulcers, or bedsores, are injuries to skin and underlying tissues primarily caused by prolonged pressure on the skin. 


They usually develop among people with impaired movement. If a patient or someone you know is bedridden or, even worse, in a wheelchair, it's a fact there are small skin areas prone to breakdown. Factors that particular attention of care should be given to include prolonged immobility, friction due to clothing or bedding, and moisture from sweat or urine. 

 

There are also other things that can cause injuries or bedsores that healthcare professionals should be careful of. This includes improper use of restraints such as belts, straps, bed rails, or special chairs. They could make bedsores worse if they are unchecked for prolonged periods.

Establishing the Standard of Care


To establish a bedsore injury case, proving the standard of care is necessary to demonstrate negligence. We must demonstrate what a reasonably competent healthcare provider would have done in similar circumstances. This standard of care is not just about adhering to the rules; it is also about respecting dignity and compassion in patient care. 


It is the duty of healthcare professionals to prevent further injuries to their patients. The standard of care entails knowing the accepted practices in patient care. This includes proper skin assessments, repositioning, and adequate nutrition. 


An illustration of the caregiver's actions diverging from the standard can help establish their responsibility for neglect. This sets the stage for proving their failure to directly cause bedsore injuries.

Gathering Evidence of Neglect


When it comes to personal injury cases, gathering evidence is crucial to prove neglect. Start by collecting medical records pertaining to your injured loved one's condition and treatment history. Look for pressure sore assessment notes and comments on the care provided. 


Photographic evidence is equally powerful, as it places a harsh spotlight upon the severity of the neglect. Staff testimonies or statements from witnesses who witnessed the treatment the injured party went through should not be left out, as their testimonies may point out breaches in attention and protocol. 


A journal could be kept to document the experiences of the injured party at an individual level. Each piece of evidence will help to shed light on the occurrence of neglect, thereby filling some support in your quest for justice.

Expert Testimony in Bedsore Cases


Gathering evidence is just the first step in building a strong case for neglect in bedsore injuries. Expert testimony is crucial in the demonstration of your claims. These experts, usually one of the doctors or nurses in wound care, could speak to the standard of care to be expected in like circumstances. 


Their opinion could explain how the neglect you suffered fell short of that standard. They would reinforce your argument by discussing the medical issues involved in bedsores in regard to causation, prevention, and treatment. Make sure to pick someone who is competent in medicine and who can communicate effectively. 

Legal Strategies for Pursuing Claims


A bedsore injury claim can be tough to handle, and the right strategies will favor your chances of winning. Start by collecting any and all likely relevant medical records and evidence in support of claims. 


Then talk to an experienced personal injury lawyer who can assist you through the difficulties at hand. It is important to ascertain all the parties that may be liable, including providers and institutions. The narrative that you build around your experience should appeal to jurors and convey the emotional impact of the neglect. 


Consider substantial negotiating power because many cases are settled before trial, so you must be ready to negotiate for a reasonable amount of compensation that adequately reflects your pain and suffering.

author

Chris Bates

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