By Dan Noll on March 31st, 2024 in Personal Injury
Nursing Home Abuse Lawyers in Springfield Answer Can You Sue a Hospital for Bed Sores in Illinois
Bed sores and pressure ulcers are one of the most common types of injuries that residents of nursing homes and patients in hospitals suffer from in the United States. Indeed, statistics reveal that over 2.5 million Americans develop bed sores each year in such facilities and hospitals. Other research indicates that the incidence range of bed sores in a hospital is up to 38% of patients, whereas in skilled nursing facilities that incidence range is almost 24%. Despite the high incidence rate, the experienced nursing home abuse lawyers at the Noll Law Office know that stage 3 bed sores and stage 4 bed sores are considered to be “never events” that should not occur in the proper care and treatment of a healthcare provider. Despite this, most healthcare providers will say that it was unavoidable or a natural and inherent risk. This is particularly true in hospitals and major medical facilities. As a result, many victims and their families often ask can you sue a hospital for bed sores in Illinois?
That answer is often a resounding “yes.”
The experienced legal team at the Noll Law Office handles bed sore and pressure sore cases throughout Illinois, including cases against nursing homes, long-term care facilities, hospitals, and other facilities or treatment providers. This type of personal injury is particularly painful and often combines multiple instances of abuse, neglect, or malpractice – sometimes all three. If you or a loved one were diagnosed with a bed sore or pressure ulcer, call the experienced nursing home abuse lawyers in Springfield at the Noll Law Office to learn more about your rights to compensation by dialing (217) 414-8889.
What is a Bed Sore?
Also known as a pressure ulcer, a bed sore is a type of physical condition that is caused due to excessive and/or prolonged pressure on the skin and tissue. This continued and prolonged pressure is what can cause a breakdown of tissue, which such breakdown can be accelerated by friction, improper hygiene, moisture, improper hydration or dehydration, improper bedding, or other related causes. The symptoms of a bed sore are redness, swelling, warmth, pain, blistering, and a breakdown of tissue.
As the bed sore progresses, so do the symptoms, which often lead to bleeding, pitting, necrosis of tissue, and infection. Generally, there are four stages of bed sores and pressure sores. The first two stages are the initial phases which should usually be detected by a healthcare provider exercising reasonable care. The latter two stages are dangerous and, should a bed sore progress to a stage 3 bed sore or a stage 4 bed sore, it is often due to medical malpractice or nursing home abuse or neglect. Thus, when patients ask can you sue a hospital for bed sores in Illinois, the answer is often dependent on the stage but usually still yes.
What is a Stage 3 Bed Sore?
A bed sore that is level three is dangerous and can risk a patient or resident’s life. This is because the damage has progressed through the skin and into the fatty layer of tissue under the skin. That means that there is usually a deformity present and some fluid discharge – including bleeding. A stage 3 bed sore is usually very painful and carries a serious risk of infection. Patients in a hospital with a stage 3 bed sore may also notice a foul odor, which should be detected by healthcare providers too, who should also treat it right away.
What is a Stage 4 Bed Sore?
As the most serious and dangerous type of bed sore, a stage 4 bed sore occurs when the damage has progressed into a patient’s muscle and/or bone. That means that there is significant damage to a patient’s body at the site of the bed sore. It usually means that a patient has some type of infection at the site, but also to a significant degree where it could result in sepsis. Patients in a hospital or residents at a nursing home who are diagnosed with a stage 4 bed sore are often facing a life-threatening situation. Accordingly, families who ask can you sue a hospital for bed sores in Illinois, when that bed sore is a stage 4, usually are told yes and asked about the facts related to their case.
When Can You Sue a Hospital for Bed Sores?
Generally, patients and hospitals may be able to sue a hospital for bed sores when the facility or its healthcare providers fail to comply with the accepted standard of care. In a medical context, the standard of care is what a reasonable prudent healthcare provider with similar training, education, and experience would have rendered in similar circumstances. Although that standard of care is flexible based on many factors, it is generally considered that a patient in a hospital who develops either a stage 3 bed sore or a stage 4 bed sore has not received medical care within the standard of care.
This is known as a “deviation of the standard of care.” Also known as a breach, a deviation from the standard of care can be caused by the following in a hospital, nursing home, or another type of facility:
- Abuse – where providers physically harm a patient, including leaving a patient in a hard wheelchair for hours as punishment, leaving a patient in a soiled bed for too long, or even physically striking or hurting patients that cause a breakdown of skin which could get worse with prolonged contact on a bed.
- Neglect – when providers ignore the needs of a patient, either intentionally or unintentionally due to understaffing, lack of training, or pure reckless conduct, patients could suffer bed sores.
- Malpractice – if providers act in a careless or reckless manner below the standard of care, patients could develop bed sores that are not treated or inappropriately treated. This includes failing to monitor and check patients for bed sores, including high-risk patients that are already identified as a risk.
- Other reasons, including a combination of the above – sometimes a combination of these causes, as well as other common causes, could increase the risk for bed sores in hospitals or nursing home facilities.
Still Not Sure if You Can Sue a Hospital for Bed Sores in Illinois? Call the Experienced Nursing Home Abuse Lawyers in Springfield for Help
The Noll Law Office handles all types of bed sore cases that result in significant pain and suffering, that are disabling, or those that result in the wrongful death of an innocent person. Despite these cases being classified as a “never event,” defense lawyers and insurance careers unfortunately use tricks to undermine, underpay, or even deny valid claims for compensation. As a result, victims and their families need to hire an experienced nursing home abuse lawyer in Springfield.
At the Noll Law Office, their compassionate legal team offers free consultations, free case evaluations, and does not refer cases out across the state. Rather, their fifth-generation lawyers handle cases in-house and work directly with victims and their families. To learn more about their legal team, contact them today to schedule your free appointment with their well-trained staff and skilled lawyers.