Elder abuse is an unfortunate reality for many California families, but some types of elder abuse are not as overt and easy to identify as others. Elder care is a vital industry, and the organizations and individuals operating within this industry are expected to meet strict care standards to ensure the health and safety of their patients and residents. When elder abuse of any kind occurs, the victim and their family are likely to have many legal questions and face an uncertain road to a resolution to the situation.
One of the most commonly cited examples of elder abuse in the US is bedsore injury. A bedsore, also known as a pressure ulcer, is a severe medical complication that can arise when an elder who is typically bedridden remains in the same position for too long. As they remain in bed, their blood circulation slows, and blood begins to pool in the lowest portions of their bodies. Left unchecked, this can result in bedsore or pressure ulcer. Elders who must remain in bed require repositioning at regular intervals, and all elder caregivers are expected to meet applicable repositioning standards for their patients.
If your elderly loved one has recently experienced a bedsore, you likely have grounds for an elder abuse claim against the party responsible for their care. It can be incredibly frustrating for anyone to learn that their elderly loved one has been abused by the people charged with caring for them each day, and the right attorney can be instrumental in holding the responsible parties accountable.
You might think that you will have minimal trouble proving liability for your elderly loved one’s bedsore damages, but the reality is that any elder abuse or medical malpractice case, including issues like malnutrition & dehydration, injuries from falls, and nursing home assault, can be incredibly challenging to navigate in many ways. The victim may have trouble articulating or conveying their experiences, and the family may be uncertain about the damages they can seek in a civil action. Bedsores are serious medical issues for seniors, and if left unchecked, they can progress rapidly into life-threatening medical emergencies.
If your loved one has required emergency medical care for a bedsore, this is a clear sign that they have not received the care they require from their nursing home or caregiver. Attempting to gather the evidence you need to prove liability for your loved one’s bedsore injuries and establishing the full scope of your claimable damages, including those related to medical malpractice, malnutrition & dehydration, injuries from falls, and nursing home assault, would be very difficult on your own. Instead of trying to handle your case alone and risking your loved one’s recovery, have an experienced Glendora, CA elder abuse attorney represent your case.
An experienced legal team will know how to build your case, from gathering the evidence necessary for proving liability to obtaining witness testimony and establishing your claimable damages. Ultimately, the right attorney can provide peace of mind and reassurance when you and your family need it most, helping you recover from a very difficult experience and guiding you through your case with confidence.
Bedsores can develop rapidly when an elder left in bed is not repositioned correctly at appropriate times. These injuries typically affect the skin and underlying tissues, potentially turning necrotic if left unaddressed for too long. Bedsores are also very difficult to treat. While minor bedsores may heal within a few weeks with immediate and appropriate care, more severe bedsores can cause life-threatening infections and require several years to improve.
If your loved one developed a bedsore due to neglectful elder care, you and your family would have the right to seek all damages resulting from the situation. For example, you would have the right to compensation for any medical treatment your loved one requires as well as the cost of any ongoing care necessary to ensure their recovery. Additionally, California state law allows personal injury victims to claim compensation for their pain and suffering. Bedsores are not only extremely painful but can also diminish already limited mobility and entail a long and painful recovery time.
When it comes to pain and suffering, your legal team will help you determine an appropriate amount to seek in your claim based on the severity of your loved one’s bedsore, the medical complications they experienced because of it, and what their recovery entails. Pain and suffering may be awarded as a lump sum or in a “per diem” arrangement that awards a set amount each day until the victim reaches maximum medical improvement from their injury.
Once you secure representation, your legal team should carefully explain every facet of your case. First, they should help you determine liability for the bedsore injury. If your loved one has a medical condition that forces them to remain in bed for most of their time, their caregivers should be repositioning them at frequent intervals to prevent bedsores. If bedsores appear unexpectedly, the care team must address the issue as quickly and effectively as possible.
Your attorney will help you determine whether your elderly loved one’s care team met the appropriate standard of care for their situation, and if not, they will assist you in proving this in court. Once you establish liability for your loved one’s bedsore injury, the next phase of your case will be proving the full scope of damages you can include in your claim. Your Glendora, CA elder abuse attorney, can assist you and your family in calculating the damages you can seek from the defendant. You may be surprised to discover that your elder abuse case is worth much more than you initially expected once you obtain legal counsel.
A successful bedsore injury claim can not only ensure you and your family receive appropriate compensation for the defendant’s actions but also help prevent others from experiencing similar injuries. Time is a critical factor in any personal injury case.
If you believe you have grounds to file a bedsore injury claim on behalf of your loved one, it is crucial to speak with an experienced Glendora, CA bedsore injury lawyer as soon as possible to start building your case. Contact Belgum, Fry & Van Allen, to schedule a consultation about your claim today.