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Home Featured

Can You Sue For Bed Sores? 

Rachel E. Davis by Rachel E. Davis
April 17, 2023
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Can You Sue For Bed Sores? 
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While we typically overlook the possibility of receiving poor care in the hospital, it is a serious problem. Bedsores are one possible result of poor care. When it comes to bedsores, hospitals face a huge difficulty because they are preventable medical problems. When a patient develops bedsores, they are nearly always held accountable. If you want to learn more about how you can sue a hospital for bed sores, look into this source. 

What are bed sores? 

Bedsores are also referred to as pressure ulcers. These are extremely painful sores that can form on the tailbone, buttocks, hips, heels, or other bony parts of the body. Bedsores form for one simple reason: a patient has been in the same posture for an extended period. 

Hospitals owe a Duty of Care to the patients. 

Most of us believe that we will receive the best possible treatment if we are hospitalized. We think hospitals should always prioritize the health of every patient in their care. Yet, whether you go to a prominent facility or a rural hospital, bedsores are a persistent concern that can be fatal if not addressed quickly.

Many people are unaware that the Centers for Medicare & Medicaid Services (CMS) maintains a list never events. Never events are medical errors that are recognized, preventable, and have major implications for patients, indicating a real concern with the safety and reliability of a healthcare facility. 

Medicare will not compensate facilities for never events, such as hospital-acquired bedsores, regardless of time or money spent on a patient’s care. Medicare considers stage 3 and 4 bedsores to be never events. 

Hospital liability 

You might be wondering how to sue a hospital for bedsores. After all, a hospital is an organization, not a person. And besides, the medical staff is to blame for the carelessness. A legal doctrine known as vicarious responsibility holds hospitals liable for the actions and inactions of their employees, staff members, and physicians. If a hospital professional, such as a nurse or doctor, does not properly care for and treat a patient, and then that patient suffers from bedsore, the hospital is held accountable and legally liable. The hospital may be liable for wrongful death if the sore worsens and causes additional health problems or death. 

Hospitals also make hiring decisions. For years, hospital employees and nurses have waved the red flag and spoken out about their worries regarding understaffing. When hospitals are understaffed, nurses and nursing assistants might lack time to attend to patients who are immobile or are unable to talk or ask for help, resulting in less care and bedsores. 

For more information on filing a lawsuit against a hospital, speak to an experienced personal injury attorney today. 

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