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NYC Bedsore Lawyers Helping Victims Recover Compensation.

Bedsores, also known as pressure ulcers, are injuries to the skin that typically occur when someone has been in the same position without moving for an extended period of time. Bedsores are especially common for patients in hospital beds who are unable to move on their own and rely on a nurse or attendant to help them move into a different position to relieve pressure on their skin. If you believe you have bedsores because of a hospital, a nursing home, or in-home care neglect, it is highly advisable to speak with a New York City bedsore attorney right away, as you may be entitled to significant compensation.

How to Identify Bedsores

Most people are able to self-diagnose the presence of bedsores. Some of the signs that you might be experiencing this painful injury include:

• Swelling in the irritated area
• Areas of the skin that are tender to the touch
• Discoloration and redness
• Skin that feels hot
• A visible open sore

If you believe that you or someone you care for has bedsores, it is important to get the help you need. Contact an NYC bedsores lawyer to learn more about your legal rights.

Why Bedsores Are Dangerous

Not only are bedsores painful, but they are dangerous as well. Although they range in degrees of severity, many bedsores indicate more than surface-level damage to the skin. Some of the dangers that accompany bedsores include:

Indication of neglect

• One of the most devastating aspects of bedsores is that they are often caused by neglect. This is a sign that someone who should have been taking care of their patient didn’t take the time to make sure they were being treated properly.

Serious infection

• When bedsores present with an open wound, one of the most dangerous aspects of this injury is the risk of serious infection. A person who is already unable to move or has limited mobility is especially vulnerable when it comes to infection as their body is already dealing with other medical issues.

Slow to heal

• Bedsores are notoriously slow to heal, even for those people who are relatively healthy to start. Sitting with a serious pressure ulcer makes it difficult to recover since, in order to do so, it is important to keep pressure off this part of the skin.

Bedsores can lead to long term medical complications. If you are dealing with this painful injury, contact an NYC bedsore attorney who can help you understand your rights.

NYC Bedsore Lawyers Helping Victims Recover Compensation for their Losses.

If you’ve been confined to a horizontal or seated position for an extended period of time, there is a chance that you have been vulnerable to developing bedsores. Bedsores, otherwise referred to as pressure ulcers, form when there is pressure on one area of the skin for a long time. This is especially common for those who are bound to a wheelchair or bedridden. Bedsores are often a sign that the bedridden person is not receiving proper treatment from the medical facility or nursing home where they are staying.

When You Can Sue for Bedsores

Those who are immobile and receiving treatment in a medical or extended care facility can expect a standard of care that keeps them safe and comfortable. When this isn’t the case, injuries, like bedsores, can happen. Both medical malpractice and nursing home neglect are serious issues that impact many people who are unable to advocate for themselves.

When a medical facility or caretaker is not treating their patients with a standard of care that prevents them from incurring additional injuries, it is advisable to speak with a lawyer experienced with bedsore cases. If you or someone you know has developed bedsores while under the care of a hospital, medical provider, or nursing home facility, you should understand your legal options.

How an NYC Bedsore Attorney Can Help

Discover and investigate the circumstances surrounding your bedsores, interview witnesses, collect medical reports, and speak with medical experts who can evaluate your injuries.

Assess potential future damages - these could include medical expenses, recovery programs, physical therapy, and more. this can also include both compensatory and punitive damages, depending on the circumstances of your situation.

Put together a full scope of the monetary cost of your injury - an attorney can look at all of the potential expenses and determine a fair value when discussing a settlement.

Aggressive Bedsore Lawyers in NYC Representing Victims’ Rights.

Bedsores can go by several different names, including pressure ulcers or decubitus ulcers. Bedsores are painful injuries that result from limited blood flow to the skin and are caused by prolonged pressure on areas of the skin. Although it is common to find bedsores on areas of the skin that typically hold weight, like the hips, ankles, and shoulder blades, they can occur anywhere on the body. If you have developed bedsores while receiving medical treatment or as a resident in a nursing home or other long-term care facility, you should speak to an NYC bedsore lawyer as soon as you can. You may be entitled to significant compensation.

Common Causes of Bedsores

If you or a loved one are living in a nursing home or an extended care facility, it is important to be aware of the treatment you are receiving. Many cases of bedsores are due to neglect, in which an attendant leaves their patient for hours or days at a time without moving them. For this reason, it is essential to watch for these common causes of bedsores:

• Limited mobility
• When a person has limited mobility is unable to move, they are at a higher risk of developing bedsores because they might be in the same position for an extended period of time.
• Pressure
• Bedsores are caused by pressure on the same area of the skin for an extended period of time. For example, laying down in the same position for hours at a time can result in painful bedsores on the hips and shoulder blades.
• Friction
• Moving back and forth on the same spot can damage the skin and result in serious bedsores. For example, if the skin is consistently moving against the same area of bedding or clothing, bedsores can develop. It is vital for caregivers to pay special attention when they are moving their immobile patients in order to avoid this cause of bedsores. If you have experienced bedsores and believe they were caused by a caregiver’s neglect, it is important to explore your legal rights. An experienced New York City bedsores lawyer can help.
• If you have experienced bedsores and believe they were caused by a caregiver’s neglect, it is important to explore your legal rights. An experienced New York City bedsores lawyer can help.

Bedsores can Lead to Dangerous Complications

One of the major issues with bedsores is that they often occur because an immobile person is neglected and ignored by the caregiver who is tasked with attending to them. Therefore, one of the biggest dangers of bedsores is that they are often not detected for some time.

Some of the dangerous complications caused by bedsores include: Infection that extends to the muscles, joints, and bones Cellulitis – a potentially life-threatening bacterial skin infection Sepsis – although rare, this deadly infection is sometimes caused by bedsores

NYC Bedsore Lawyers Help You Get the Compensation You Deserve.

Bedsores, also known as pressure ulcers or pressure sores, are common injuries for those who are unable to move, bedridden, or confined to a wheelchair. These sores develop when there is pressure on an area of the skin for an extended period of time. Although the name might sound somewhat benign, bedsores can actually be quite serious and painful. Recovery time is often much longer than one might imagine. Bedsores can lead to a number of other medical complications, including critical infections in the bones or soft tissue.

Although bedsores should be treated by a medical professional, many people can self-diagnose their appearance. To reduce the risk of serious injury and long term health effects, it is important to be able to recognize bedsores in the early stages. There are four stages of bedsores. Identifying and treating bedsores as soon as possible improves the chance of recovery.

Stage 1

• With the first stage of bedsores, the first layer of skin is affected. This is the first sign that there is a problem that might evolve into a serious medical issue if not treated. In this first stage, it is common for the area to feel painful or itchy. Your skin might also look red in the irritated area. It can take several weeks to heal from a stage one pressure ulcer.

Stage 2

• In the second stage, the sore extends deeper into the skin, beyond the first layer. It is common to see an open wound in this stage, and the area around the pressure ulcer can become much more painful. This is when bedsore becomes vulnerable to infection.

Stage 3

• Stage three occurs when the sore has gone beyond the first and second layers of the skin and into the fat tissue. You might notice that the wound shows signs of a serious infection. At this stage, the pressure ulcer typically takes between one and four months to heal.

Stage 4

• Stage 4 is the most severe stage of bedsores and might affect your muscles, ligaments, and other soft tissue. There are a number of complications with stage four bedsores, the most common being a critical infection and dead tissue around the source of the wound. Stage four bedsores often require surgery to repair and can take four months to several years to heal completely.
• Some people never fully recover from bedsores, especially those who are limited to a wheelchair or bed and unable to relieve that pressure from the impacted area. For this reason, it is important to seek medical attention as soon as you think you’re developing a pressure ulcer.

Bedsores can lead to long term medical complications. If you are dealing with this painful injury, contact an NYC bedsore attorney who can help you understand your rights.

As we age or face long periods of immobility, our skin becomes more vulnerable to certain conditions. One such condition that can have serious consequences is a sacral ulcer, also known as a pressure ulcer or bed sore. Sacral ulcers can be painful, difficult to treat, and may even lead to life-threatening complications if left untreated. In this article, we will explore what sacral ulcers are, their causes, prevention strategies, and effective treatment options.

Understanding Sacral Ulcers

Sacral ulcers are localized injuries to the skin and underlying tissue, primarily caused by prolonged pressure on specific areas of the body. Common sites where these ulcers develop include the back, hips, heels, and elbows. When pressure restricts blood flow to these areas, the skin and tissue become deprived of oxygen and essential nutrients, leading to tissue damage and ulcer formation.

The Stages of Sacral Ulcers

Sacral ulcers are classified into different stages based on their severity. It is crucial to identify the stage of the ulcer accurately, as treatment plans and interventions will vary accordingly.

Stage 1

At this stage, the skin appears reddened and may be warmer or cooler to the touch than the surrounding areas. The affected area may also be itchy, painful, or more sensitive than usual.

Stage 2

During stage 2, the ulcer progresses to a shallow open wound. There may be a loss of skin layers, and the area may appear as a blister, abrasion, or shallow crater.

Stage 3

In stage 3, the ulcer deepens and extends into the underlying tissue layers. The wound may appear as a crater, with visible fat deposits. Signs of infection may also be present.

Stage 4

Stage 4 ulcers are the most severe. The wound extends deep into the muscle, bone, or supporting structures. Infection is likely, and there may be significant tissue loss and damage.

Causes of Sacral Ulcers

Causes of Sacral Ulcers

Sacral ulcers typically develop due to sustained pressure on specific areas of the body. However, several contributing factors increase the risk of developing these ulcers:

1. Immobilization: Long periods of immobility, such as bed rest or sitting in a wheelchair, increase the risk of developing pressure ulcers.
2. Friction and Shear: Friction occurs when the skin rubs against a surface, while shear occurs when layers of tissue slide against each other. These forces can damage the skin, making it more susceptible to ulcers.
3. Moisture: Prolonged exposure to moisture, whether from sweat, urine, or other bodily fluids, can soften the skin and increase the risk of developing ulcers.

Prevention Strategies and Treatment Options

Prevention of sacral ulcers is crucial, particularly for individuals at a higher risk. Here are some effective strategies to minimize the risk of developing these ulcers:

1. Frequent Position Changes: Encourage regular repositioning to reduce prolonged pressure on any single area of the body. This is especially important for individuals who are bedridden or have limited mobility.
2. Optimal Support Surfaces: Utilize specialized support surfaces, such as pressure-relieving mattresses or cushions, to distribute pressure evenly and reduce the risk of developing ulcers.
3. Maintaining Skin Hygiene: Keep the skin clean and dry, using gentle cleansing techniques. Moisturize the skin regularly to prevent dryness and cracking, which can make it more susceptible to ulcers.
4. Proper Nutrition: Ensure a well-balanced diet rich in protein, vitamins, and minerals to support healthy skin and tissue repair.

Effective Treatment Options

When sacral ulcers do occur, prompt and appropriate treatment is essential to prevent further complications. Treatment options may include:

1. Wound Care: Thorough cleansing and dressings to promote healing and prevent infection. Advanced wound care options, such as negative pressure wound therapy, may be necessary for more severe ulcers.
2. Pressure Redistribution: The use of specialized pressure-relieving devices, such as cushions, mattresses, or overlays, to alleviate pressure on the affected areas.
3. Infection Control: Administering antibiotics or other medications to treat underlying infections and prevent their spread.

Conclusion

Sacral ulcers are a serious health concern that can significantly impact an individual's well-being and quality of life. By understanding the causes, prevention strategies, and available treatment options, we can work together to reduce the incidence and severity of sacral ulcers. Remember, early intervention and proactive care are key in protecting our skin health and preventing the development of these painful and potentially life-threatening sores.

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Americans over 65 years of age make up the fastest-growing population in our country. Many in this age bracket have decreased mobility and need assistance with moving and activities of daily living, putting them at an increased risk for many health issues, including bedsores, also known as pressure or decubitus ulcers. And it’s not just older adults who are at risk; anyone with decreased mobility due to illness or injury can develop bedsores if they do not receive proper care.

Bedsores a serious injury – they often take a long time to heal, and treatment is expensive, with an estimated $11 billion dollars spent on pressure ulcers each year in the United States alone. In fact, a single bedsore can come with a price tag of $500 to $70,000.

If you have a loved one who has developed bedsores while in the care of healthcare professionals, you likely have many questions and concerns. Our goal is to help you understand how their bedsore could have developed, what legal rights exist for you and your family member, and to present you with your options. A New York City bedsore lawyer could help you and your neglected family member recover compensation for the damages that occurred.

What are Bedsores?

A bedsore develops when there is pressure on one area of skin frequently or for a long period of time. These wounds are most frequently found on bony areas of the body such as the:

• Heels
• Tailbone
• Ankles
• Hips
• Shoulder blades
• Spine
• Back or side of the head
• Behind the knees

When pressure against the skin stops or limits blood flow to a specific area, bedsores can develop. The skin and underlying tissues rely on oxygen and nutrients that are delivered through the blood. When they are not receiving oxygen and nutrients, skin and other nearby tissues are at risk for damage to may begin to die.

Are Bedsores a Sign of Neglect?

When you place a family member in a nursing home, it is typically not an easy decision. You likely took comfort in the fact that they would be cared for around the clock. You did not anticipate that they would be abused or neglected in such a facility, but now you are faced with this difficult reality.

Each patient is different when it comes to how their bedsores developed and whether they were a sign of neglect. However, due to the nature of how bedsores develop, when a person is immobile and relies on hospital or nursing home staff for their basic needs, a bedsore can often be a sign of neglect. Bedsores are preventable, especially ones that have reached later stages. They are one of the most common avoidable injuries in nursing homes.

Nursing homes and hospitals have protocols on how often patients should be turned and repositioned; usually, every one to two hours. They also have protocols and regulations about performing regular skin inspections. Early signs of bedsore development should be noted, and staff should act accordingly to prevent further skin breakdown. The nursing staff has various devices and tools available to them to help prevent bedsores in areas that are beginning to look irritated or red. When they suspect that a resident or patient may be in the beginning stages of developing a bedsore, there is still time to take action and prevent a pressure ulcer.

When staff members fail to move or turn a patient, to perform diligent and thorough skin inspections, or use the equipment and tools at their disposal, their neglect can lead to a pressure ulcer for your loved one.

What Are Other Forms of Neglect in Health Care Facilities?

Although they are common, a New York City bedsore lawyer can tell you that bedsores are not the only form of abuse or neglect within a healthcare facility. Other forms of abuse or neglect in a hospital or a nursing care facility include:

• Inadequate wound care leading to infections
• Dehydration, malnutrition, and failure to provide sufficient quantities of food
• Over or improper medication
• Lack of supervision due to their immobility from bedsores, leading to falls
• Poor hygiene

Why Are Some People at Greater Risk for Bedsores?

A bedsore can happen to anyone who lays or sits in one place for too long or too frequently. Older adults are least likely to be able to move and reposition themselves, putting them at high risk for developing these painful pressure ulcers. They rely upon trained, certified, and licensed staff to provide them with their needs, which usually include some or full assistance with moving.

For many different reasons, none of which are excusable, nursing home staff struggle to be able to do this in some facilities. It could be a lack of training, lack of compassion, lack of adequate staff, or that they simply are too busy and do not care. No matter the reason, a bedsore attorney in New York City could help you file your case and seek justice for you or your family member.

People with mobility problems also have other risk factors that can contribute to developing bedsores, such as:

• Poor nutrition
• Thin skin
• Dehydration
• Bladder and bowel incontinence
• Decreased ability to feel pain

Can Bedsores Cause Further Complications?

For some nursing home residents or hospital patients, bedsores are just not just a sign of neglect, but also the beginning of a cascade of medical problems. If not treated soon enough, bedsores can cause an infection of the skin and soft tissues known as cellulitis. The infection can also travel to the bone and joints, causing severe pain and reduced movement and function. In some elderly people, a skin ulcer can lead to a systemic infection or sepsis. For others, a bedsore can turn into cancer known as squamous cell carcinoma.

Reach Out to a New York City Bedsore Lawyer Today for Help

More often than not, bedsores are personal injuries that deserve compensation. Under New York Civil Practice Law and Rules § 214, personal injury victims have three years from the date of their injury to file a legal claim.  If the bedsore case is not filed within this strict deadline, you and your family member are not likely to receive any compensation for your damages, such as pain and suffering and medical bills.  Call Sinel & Olesen, PLLC today at 212-465-1000, or complete an online case evaluation form to have our office reach out to you.

The nursing home you select for your loved one should be a place you can feel comfortable with. However, nursing homes have a long history of not being able to satisfy the needs of residents, along with a list of other troubles. Sometimes it’s impossible to avoid placing a loved one in a nursing home, though, so you have to do some due diligence to ensure you find the best one for them. A bedsore attorney in Manhattan, NY can provide you with plenty of warning signs to look out for. We’ve described some of the most common nursing home care concerns to identify before the issues become problematic.

Insufficient Staffing

It’s no secret most nursing homes across the country are understaffed. When this happens, nursing homes might hire people who aren’t qualified for the job, which leads to mistakes. Medication could be mismanaged, improper care could be provided, along with plenty of other mistakes. Or if the nursing home doesn’t have the budget to hire anyone else, you might just have to deal with less care since the current staffing isn’t sufficient enough to care for everyone. This can lead to bedsores, poor hygiene, dehydration, malnutrition, injuries, illness, and more. If a nursing home you’re considering doesn’t have sufficient staffing, look for another one or at least ask a bedsore attorney in Suffolk County what to do if you notice signs of improper care due to staffing issues.

Lack Of Emergency Planning

Every nursing home should have an emergency plan, but many of them don’t. An emergency can strike at any moment unexpectedly, whether it’s a natural disaster or a public health concern like the COVID-19 pandemic. Historically, nursing homes don’t have a thorough enough emergency plan to keep their residents safe and healthy when an emergency strikes. This could lead to serious illness and even death depending on the circumstances. It’s important to ask the nursing home what types of emergency plans and protocols they have in place so you can have peace of mind.

Inability To Prevent And Control Diseases

Every bedsore lawyer will tell you there are numerous reasons why patients could get sick in nursing homes. Insufficient staffing is one because there aren’t enough staff members to care for ill residents. Many nursing homes often don’t offer sick pay to staff members, so they come to work sick so they can continue receiving a paycheck. And some employees might even work at multiple locations, which increases the chances of spreading diseases. When nursing homes are investigated by a bedsore attorney in Manhattan, NY, it’s often discovered that they don’t follow proper handwashing techniques, don’t disinfect equipment enough, don’t clean linens appropriately, and more. All of which leads to the spread of diseases.

Negligence And Lack Of Accountability

Nursing home staff members are often negligent in how they care for residents. And they continue being negligent because no one holds them accountable until something goes seriously wrong. This leads to plenty of daily issues that sometimes never get discovered, but residents have to suffer from them. Nursing homes should be transparent when it comes to discussing health concerns with families. And they should also be able to answer questions quickly when anyone asks them about how their loved one has been doing under their care. However, as a bedsore attorney in Suffolk County might tell you, this doesn’t always happen.

Warning Signs To Look For In Nursing Homes

When you’re searching for a nursing home to place your loved one in, be sure to observe everything that goes on around you. Look at the demeanor of the staff members as they walk by. Try talking to them nicely and see what their response is. A sure warning sign is if staff members don’t appear to be happy or avoid conversations with you. Also, if staff members seem to be moving around frantically, it could be a sign they are understaffed and not able to provide the best care for your loved one. Don’t overlook anything that might seem suspicious to you.

Have A Bedsore Lawyer On Standby If You Are Suspicious

Having a trusted bedsore attorney in Manhattan, NY available can give you peace of mind knowing you have someone on your side if things go wrong in a nursing home. Many staff members are organized in their efforts to cover up issues and they don’t get uncovered until a bedsore lawyer gets involved. Never ignore any warning signs and if the staff members refuse to talk to you about them, then it’s valuable to relay this information to your bedsore lawyer to keep track of the situation.

Sinel & Olesen, PLLC is experienced in identifying nursing home issues the average person might overlook. Many nursing homes operate similarly and sometimes their poor practices can be covered up easily because they participate in them so often. The best thing you can do is always be aware of what is happening at the nursing home and take action immediately if something doesn’t seem right. We are available to get involved when you need us, so contact us at any time to schedule a free case evaluation and learn how we can protect you and your loved one.

If you were injured as a result of someone else’s negligence, or have a loved one who experienced the same, getting a bedsore attorney in the Bronx, NY involved should be your first step. However, just because you hire a good bedsore lawyer doesn’t always mean you’re going to win your case. Proving negligence is often complicated since there are four elements you must prove. We’ve explained those four elements for you here.

Prove Legal Duty

The first element of proving negligence is proving that the person responsible had a legal duty to provide care. This is usually the easiest element to prove. In the event of a medical malpractice case, a bedsore attorney in Brooklyn can easily explain the legal duty a doctor had to take care of their client.

Prove Breach Of Legal Duty

Proving breach of legal duty is a little more difficult, but a good bedsore lawyer can accomplish it assuming there is sufficient evidence. This isn’t always an open-and-close scenario, so a bedsore lawyer will need to investigate the facts to prove that the doctor or medical staff member did not fulfill their duty and that the patient suffered an injury as a result.

Prove Actual Damage Or Injury

A person has to have suffered an injury or illness as a direct result of the doctor’s negligence. If an injury or illness did not occur, a judge likely would not find the doctor negligent.

Prove Causation

Proving causation is one of the most challenging tasks a bedsore lawyer has. The defendant could claim that the illness or injury the patient suffered would have happened regardless of any negligence from the doctor. This is where solid evidence is required to have a chance at winning the case.

Call An Attorney

Never try to prove negligence on your own in a lawsuit. Hiring a good bedsore attorney in Brooklyn can save you a lot of time and money and give you a much better chance of succeeding. At the very least, the attorney should evaluate your case thoroughly and provide you with the most likely outcomes so you can decide how you want to proceed.

Sinel & Olesen, PLLC wants to help you receive justice for any injuries you suffered resulting from negligent acts. We will get to the bottom of the situation and present you with the best possible outcomes. It all starts with a free case evaluation so contact us today to schedule yours.

Yes, it is possible to sue any U.S. nursing home for bedsores or neglect if the facility does not provide the required level of care and attention that you could reasonably expect and deserve.

In fact, as the trend for people to move to nurse homes and assisted living facilities becomes more popular, lawsuits against nursing homes are becoming more common in the U.S.

However, the process can be challenging. In order to sue, you need to be familiar with what constitutes neglect and the necessary legal steps required.

That usually requires the experience of a dedicated lawyer who is familiar with nursing home liability, bedsore lawsuits, medical malpractice, and other types of cases where medical facilities are sued.

What constitutes neglect and what are bedsores?

Nursing home neglect is essentially:

“a failure, intentional or not, to provide a person with the care and services necessary to ensure freedom from harm or pain; a failure to react to a potentially dangerous situation resulting in resident harm or anxiety.”

There are some common signs of neglect in nursing homes.

They may include:

• Unusual or unexpected weight loss, malnutrition, or dehydration
• Unsanitary conditions of the bed, the room, or the patient
• Bedsores or “pressure ulcers”
• Frequent illness of the patient (unrelated to their primary condition)
• Mistakes with administering medication
• Unsafe living conditions (poorly heated or ventilated conditions, lack of hot and cold running water, fire hazards, etc.)

Bedsores are one of the more obvious signs of neglect.

These injuries occur when a patient, who is unable to move, is kept in the same position without moving (usually in bed, in a chair, or in a wheelchair) for an extended period of time.

Left untreated, small bedsores can quickly progress into larger and deeper ones that may become infected.

If you suspect bedsores, look out for the following signs:

• Redness in the affected area
• Skin that is tender or hot to the touch
• A visible open sore
• Swelling of the skin

Bedsores are completely preventable and nursing homes should take reasonable steps to avoid putting patients through such discomfort.

When could a nursing home be liable for neglect?

Any nursing home in the country should provide at least a basic level of movement, adequate nutrition and hydration, and comfortable, safe, and sanitary conditions for their residents.

Most homes charge high rates and should be able to meet the standards required.

If you witness any of the signs of neglect mentioned above, the home may be liable and you may have a case for compensation.

Remember that it is irrelevant whether the neglect is intentional or unintentional. It can result in safety or security risks, unnecessary pain or illness, discomfort, and unnecessary extra costs for patients.

The nursing home should remain accountable for this.

A lack of resources at the nursing home, poorly trained staff, or overworked employees is not a valid excuse for patient neglect.

Speak to a bedsore lawyer or a firm that specializes in medical malpractice. There may be legal avenues you can take to claim compensation, though it can sometimes be challenging to prove that neglect has occurred.

How do you sue for bedsores or neglect?

Whether you are the victim of neglect or you are representing a friend or relative who is the victim, it starts with getting strong legal advice.

Sinel & Associates PLLC is based in New York City and we understand what it means to sue medical facilities, including nursing homes.

We have defended many victims of neglect and we always follow the case through in search of the desired results.

The basic process for suing for neglect or bedsores is as follows:

• Discovery and investigation: we gather details about the circumstances surrounding the neglect, interview witnesses, collect medical reports, and (if applicable) get medical experts to evaluate the injuries.
• Assess potential future damages: including medical expenses, recovery programs, physical therapy, etc. There may be compensatory and punitive damages, depending on the circumstances.
• Fully scope the cost of injury: we look at all of the potential expenses and determine a fair value when discussing a settlement.

Did you suffer neglect in a nursing home?

If a nursing home did not adequately fulfill its obligation to care for your (or a loved one’s) welfare, speak to a qualified lawyer.

If you or a loved one suffered neglect in a nursing home, you may want to discuss your options with Sinel & Olesen, PLLC right away.  Call (844) 512-4098 or contact us online to schedule your free consultation.

Medical malpractice lawsuits can be filed against hospitals and medical facilities of all sizes. But just because you believe you have a strong case doesn’t mean you’re going to walk out of court with millions of dollars owed to you. Even the best NY bedsore attorney in Suffolk County will recommend settling some medical malpractice cases out of court. This isn’t because the bedsore lawyer doesn’t have confidence in their skills or abilities. It’s because some cases are simply difficult to prove based on the evidence available. Here are some of the many reasons why a large portion of medical malpractice cases are settled before going to trial.

Plaintiffs Don’t Always Win At Trial

When a medical malpractice case goes to trial, the plaintiff could receive a very large award or they could end up with nothing. Working with an experienced bedsore attorney in Brooklyn, NY is critical since they can evaluate the case and determine your chances of succeeding in court. Unless you have loads of evidence in your favor that can be proven beyond a shadow of a doubt, then chances are the result of the case could favor the defendant, it could be dismissed, or result in no verdict.

A good bedsore attorney in Brooklyn, NY will evaluate all of the evidence and gather as many facts as possible. Many clients want to take the matter to court immediately because of the first-hand experiences they had with a particular doctor or staff, but a bedsore lawyer should help them take a step back. The evidence has to be very strong that medical negligence took place, and since the jury typically sides with the expertise of doctors, proving this negligence is often incredibly difficult.

Strong Evidence Isn’t Presented Often

If you and your NY bedsore attorney in Suffolk County take your case to trial without overwhelming strong evidence, there’s a large probability that you’ll end up losing the case. Juries often enter the courtroom skeptical about the claims made by the plaintiff and they need overwhelming evidence to prove that the doctor or staff was guilty of medical malpractice. Without the strongest evidence possible, the chances of winning a medical malpractice case are very low.

Proving Negligence Is Difficult

Negligence might seem evident to a plaintiff, but a good bedsore lawyer knows it’s much more difficult to prove. There are four different aspects the defendant must prove to have a chance at winning their medical malpractice lawsuit. Those aspects include:

• Proving the doctor had a duty to care for the patient.
• Proving the doctor did not fulfill or uphold their duty and that they did not act as a reasonable physician would based on the circumstances.
• The patient suffered an injury.
• The patient only suffered an injury due to the action or inaction of the doctor.

It’s the responsibility of the plaintiff to prove all four aspects of negligence based on concrete evidence. The only aspect that is somewhat simple for a bedsore lawyer to prove is the first point stating that the doctor has a duty to care for the patient. The other three points aren’t as clear-cut and the outcome of your case will depend on the evidence available. If your bedsore attorney in Brooklyn, NY can’t prove all four aspects, they will usually suggest settling out of court.

The Defendant Usually Has A Strong Legal Team

A good bedsore lawyer will understand who he would be up against in court. Doctors and medical facilities have the best lawyers and insurance companies ready to defend them and they will go to great lengths to do so in court. What this usually means is the trial will be drawn out for up to several weeks, and your chances of winning will decrease with every day that passes. Even the best NY bedsore attorney in Suffolk County knows they often won’t win certain cases, so they will usually suggest settling outside of court just to ensure their clients get something.

When It Makes Sense To Settle Before Going To Trial

Your bedsore lawyer should present you with some options for both going to trial and potentially settling out of court. Sometimes the defendant won’t be reasonable with you, though, and will demand a court trial if they strongly believe they have a better case than you. They could also be limited by insurance companies and are not able to make a reasonable settlement offer.

So while there are situations in which it makes sense to settle before going to trial, it’s not a guarantee. Clients sometimes believe settling outside of court means they lost the case, but the opposite is true. Your bedsore lawyer will tell you settling on a medical malpractice case is actually a victory because you walk away with some kind of compensation. Not every person is that lucky.

Sinel & Olesen, PLLC will evaluate your case thoroughly and provide you with several options for proceeding in your medical malpractice case. While we want you to win the case and receive maximum compensation, we also don’t want you to walk away with nothing. An experienced bedsore lawyer from our firm will make recommendations in your best interests, so contact us today to schedule a free case evaluation.

Pressure ulcers can happen in elderly people and those who are unable to move as easily as normal. However, just because pressure ulcers are common doesn’t mean they aren’t preventable or treatable. Any bedsore attorney in Manhattan, NY will caution you to know exactly what needs to happen to prevent pressure ulcers and how to treat them if they occur. Nursing homes will often neglect residents to the point where pressure ulcers become major skin issues. Here are some of the do’s and don’ts you need to be aware of when it comes to pressure ulcers.

Get Up And Move Often

Moving frequently is the simplest solution to dealing with pressure ulcers, including preventing them from occurring. For bedridden people, changing positions every hour or so if they are lying down is ideal. And if they are sitting, then they should change positions more frequently since more pressure is applied to the skin. By simply shifting your weight, you’ll give your skin enough relief to prevent pressure ulcers and not have to get a bedsore lawyer in The Bronx involved. If you can get up and walk around, then do so as much as possible to promote good blood flow throughout the body.

Don’t Drag Your Skin Across Any Surfaces

One of the biggest things to avoid is causing friction on your skin when you have a pressure ulcer present. This friction can break down the skin even more and make the recovery process much more difficult. Make a conscious effort to lift your feet and legs when getting out of bed instead of sliding them across the sheets. Doing so will reduce the amount of friction and prevent pressure ulcers from getting worse.

Find Appropriate Pressure Relief When Lying Or Sitting

If your loved one is in a nursing home or assisted living facility, they should offer specialized mattresses and cushions for people prone to developing pressure ulcers. However, as a bedsore lawyer will tell you, this doesn’t always happen. The idea is to use cushions designed to distribute pressure so you aren’t putting all of the pressure on one spot. Everyone’s body is different, so there’s not a single solution that works for everyone.

People often make the mistake of thinking donut chairs are ideal for pressure relief. The reality is the donut ring itself causes more pressure on the area touching it. So while you might experience temporary relief in a targeted area, long-term pressure relief is not possible since you’re simply putting pressure on a different area.

Don’t Overdo It When Trying To Find Relief

It’s easy to try too much when you have a pressure ulcer. All you want is some relief, but if you try too hard, you might make the problem worse. A bedsore lawyer often discovers nursing home staff applies thick dressings on top of a pressure wound in hopes of helping it heal. But the truth is the thicker the dressing is, the more pressure is put on the wound and it can actually make the problem worse.

The same is true when it comes to padding or bedding for pressure relief. You don’t want to have layers of covers or too much padding on a bed. These usually increase pressure on certain areas of the body and can make other pressure ulcers develop, or make existing ones worse. Keep it as simple as possible when you’re treating a pressure ulcer and focus on keeping the area as clean as possible.

Keep Your Skin Dry And Clean

The most important thing to do when dealing with a pressure ulcer is to keep the skin dry and clean. Nursing home staff should monitor pressure ulcers frequently and make adjustments to the care routine as needed. A good bedsore attorney in Manhattan, NY can identify when proper care was not taken by nursing home staff and will take legal action if needed. If your loved one is in a nursing home and dealing with pressure ulcers, the number one thing to look out for is whether their skin is being kept clean and dry. Otherwise, the pressure ulcers can turn into more severe bedsores and lead to larger health concerns.

Don’t Rub Your Skin For Relief

As tempting as it might be to rub or put pressure on a pressure ulcer for relief, you have to avoid it at all costs. Rubbing your skin with your fingers, a blanket, a pillow, or anything else causes friction, which can make the pressure ulcer much worse. If the pressure ulcer is causing pain, then over-the-counter medication might be recommended to make you feel a little more comfortable. When dealing with a pressure ulcer, you should come in contact with it as little as possible to help it heal properly and quickly.

Sinel & Olesen, PLLC is a trusted bedsore lawyer in The Bronx. As soon as your loved one appears to be experiencing a pressure ulcer, it’s important to get involved immediately. While we should be able to assume nursing home staff cares for residents properly, the truth is they often don’t for various reasons. Pressure ulcers are easy to prevent and treat when identified correctly and action is taken immediately. Otherwise, they could develop into something much worse and lead to long-term health complications. If you suspect negligence on the part of the nursing home staff caring for your loved one, contact us right away to schedule a free consultation and see how we can help.

Medical errors are the third leading cause of death in the U.S, accounting for between 250,000 and 440,00 deaths per year.

It is a major public health issue that becomes even more serious when we also consider the number of patients who suffer serious adverse reactions from their treatment at the hands of healthcare professionals.

This is often the result of mistakes either in hospitals or by home healthcare agencies, nursing homes, and/or personal care agencies caring for the elderly.

Despite healthcare organizations increasingly being held to account for their actions, the number of medical malpractice lawsuits is increasing.

So, what are the most common preventable medical mistakes in nursing homes or by home help aides?

What should you be on the lookout for, in particular, when you entrust the care of a loved one to such professionals?

Following are the five most common nursing home and home-help errors that lead to lawsuits in the U.S.

Failure to prevent bedsores

One of the expectations, when loved ones enter an assisted living or a nursing home facility or when they employ a home-help aide, is that they will receive the necessary assistance with moving around.

If a patient is bed-bound, it is well known that regular movement helps prevent bed sores or pressure ulcers.

These are injuries that result due to pressure on the skin when a person is kept in the same position for a lengthy period of time.

If these sores are left untreated, they can become very uncomfortable and develop potentially serious infections that can take weeks to heal.

Bedsores are one hundred percent preventable with the right care.

If your loved one is kept in the same position in bed or a wheelchair and develops redness, swelling or tender skin, there is the potential for bedsores to develop.

If open bedsores are already visible, you may have a medical malpractice case.

Failure to prevent falls

Most people don’t need reminding that falls can be especially serious for elderly or sick people requiring care at home or in a nursing home.

Any such fall can lead to a serious injury but the truth is that many falls are preventable.

It is a reasonable expectation that an aged care facility or trained home help aide take reasonable precautions with patients to prevent falls and injuries from occurring.

Patient safety and wellbeing should be the prime concern. It is, therefore, reasonable to expect that the facility or personal care agency will:

• Assess fall-risk
• Prevent events that put safety at risk
• Take steps to reduce falls and other accidents
• Provide training in lifting techniques for carers
• Ensure staffing levels are adequate for monitoring patients
• Regularly assist patients with using the restroom
• Ensure all beds have adequate bed rails fitted

People are at their most vulnerable when in nursing and care situations. Failure to take the necessary precautions may result in dangerous falls.

Whether it is due to poor staffing levels, lack of training, lack of leadership or professional negligence, the organization entrusted to look after your loved one may be considered negligent and liable.

Failure to treat or diagnose injuries from falls in a timely manner

It is also a reasonable expectation that a nursing home or home help aide has a plan in place if a patient suffers an unexpected fall.

Often, if the problem is dealt with promptly, it can help prevent more serious injury or even death. Every day, over 1000 people die in U.S. hospitals from falls.

There should be a plan in place for observing the patient and diagnosing any problems resulting from a fall. Then there should be a plan for treating common problems, with immediate transfer to hospital, if necessary.

Failure to address the issue in a timely manner may lead to added complications and the care facility may be considered negligent. This could result in a malpractice lawsuit.

Mismanagement of serious conditions like septic shock

Failure to recognize the symptoms of serious, life-threatening conditions is another major cause of medical malpractice lawsuits.

Sepsis is organ failure due to an infection, resulting in inflammation that can become severe very quickly.

Septic shock is an infection throughout the body that is accompanied by dangerously low blood pressure.

If either condition is left untreated, it is often fatal. Symptoms can develop very quickly and the condition can become life-threatening rapidly. Most cases will be treated in the intensive care unit of the hospital.

If a patient is not transferred to a hospital or other suitable medical facility for treatment, it is highly likely that they will not survive.

Sepsis is quite common in elderly people. Every medical facility, including nursing homes and aged care facilities, should have a system in place to recognize the symptoms and to arrange transfer to a hospital immediately if the symptoms are observed.

It is negligent if this is not the case and the facility may be liable for damages.

Failure to prevent infections

Bacteria often thrive in places like nursing homes.

It is therefore expected that such facilities take appropriate measures to prevent the spread of bacteria, which can lead to serious infections in elderly patients.

However, a 2011 study found that around two million infections occur in U.S. nursing facilities each year.

Some typical examples of infections that elderly people may catch in a nursing home include:

• Respiratory infections (such as pneumonia)
• Urinary tract infections
• Soft-tissue infections
• Skin infections
• Influenza
• Gastroenteritis
• Digestive tract infections (such as diverticulitis)

While there is a chance of picking up such infections anywhere, if it can be shown that the nursing home was negligent in their duties to protect the patient and the infection was due to this negligence, you may be able to sue for damages.

Contact our NYC Bedsore lawyers today

What can you do if a loved one has been the victim of a medical error by nursing home staff or home help aide?

One option is to seek compensation for your damages by filing a medical malpractice lawsuit against the organization entrusted to care for your loved one.

However, medical malpractice law is complex, often involving large insurance companies.

The experienced lawyers at Sinel & Olesen, PLLC can help you get started with a free consultation to see whether you have a valid case.

It is possible to sue any U.S. hospital for bedsores or neglect if you or a loved one did not receive the required level of care and attention that one could reasonably expect.

Patient neglect in hospitals is far more common than people realize and this can lead to a variety of problems.

Bedsores is one of these – a result of lack of movement, often because a person is bed-bound and reliant on others for movement.

If this can be proven to be due to the neglect of nurses or attendants, you may have a case for compensation.

What causes bedsores?

Bedsores are also known as “pressure ulcers”, so named because they are caused by persistent and unrelenting pressure on the skin.

This typically occurs when a hospital patient (who cannot move themselves) is kept in the same position without moving for an extended period of time.

Bedsores are small injuries to the skin that start as shallow wounds, sometimes called “stage one sores”.

Left untreated, these sores can quickly progress into deeper sores that cause considerable pain and may become infected.

While bedsores are usually seen on patients confined to a bed, they can also result from excessive time spent sitting in a chair or wheelchair.

What are the other signs of neglect in a hospital?

As well as bedsores, other signs of neglect in hospitals include:

• Unusual or unexpected weight loss, malnutrition, or dehydration

Sometimes, elderly or sick patients lose weight as a symptom of their condition. When the weight loss is unexpected or seems unnatural, it may be a sign that the patient is not receiving enough calories, nutrients, or water.

Failure to keep the patient well fed and hydrated during their stay is a sign of neglect.

• Unsanitary conditions (bed, room, patient)

If the bed, ward, hospital room or patient is not kept clean, it is usually an obvious sign of neglect that should not happen in a hospital – but sometimes does.

It creates an unhygienic, unpleasant, and unsafe environment that puts the patient at further risk.

When Is a Hospital Liable for Neglect?

Movement, adequate nutrition and hydration, along with comfortable and sanitary conditions are all essential requirements of the duty of care in any U.S. hospital.

If bedsores develop or patients develop other illnesses or injuries as a result of neglect, you may have a case for compensation.

Whether it is intentional or unintentional, neglect can cause pain and serious complications. It may result in unnecessary extra treatment or complicate a patient’s existing condition.

An absence of care such as this may be due to a lack of resources in the hospital, poorly trained staff, poor quality nursing, stressed employees not acting in the best interests of the patients, or other reasons.

Regardless, bedsores are often the result of neglect and this should not happen in a hospital.

There may be legal avenues you can take to claim compensation.

In many cases, the victim is unable to claim for themselves so it is up to a relative or appointed representative to take the initiative and sue the hospital for neglect or bedsores.

How Do You Sue for Bedsores?

Firstly, there are law firms that specialize in bedsore litigation.

Our firm, Sinel & Associates PLLC, is one such firm based in New York City. We understand the process of suing hospitals inside out and are experienced in following claims through to the desired results.

If you or someone you know has suffered neglect and/or developed bedsores in the hospital we will take the following legal steps to build your case:

• Discovery and investigation: we gather details about the circumstances surrounding the bedsores, interview witnesses, collect medical reports, and get medical experts to evaluate the injuries.
• Assess potential future damages: these include medical expenses, recovery programs, physical therapy, etc. There may be compensatory and punitive damages, depending on the circumstances.
• Fully scope the cost of your injury: we look at all of the potential expenses and determine a fair value when discussing a settlement.

Do you have bedsores or other symptoms of neglect from your time in the hospital?

If the hospital did not adequately fulfill its obligation to look after your welfare, or the welfare of someone you were visiting in the hospital, speak to a qualified lawyer.

Call Sinel & Olesen, PLLC at (844) 512-4098 or contact us online for a free consultation today.

Many people want to file a medical malpractice lawsuit if they believe they weren’t treated fairly by a doctor, were given an incorrect prescription, or any other reason. Medical malpractice is simply defined as negligence by any healthcare worker that causes harm to a patient, either physical or emotional. This can happen as a result of a particular act on the part of the healthcare worker or the failure to act when needed.

While the simple definition of medical malpractice might make it seem like it’s easy to win a lawsuit, the truth is it’s much more complicated than that to do. For example, if you or a loved one experienced bedsores during a hospital or nursing home stay, simply blaming the healthcare worker isn’t going to help you win the lawsuit. A bedsore attorney in Nassau County has to help you prove the four basic elements in any medical malpractice case: duty, breach of duty, cause, and damages.

Duty

Duty is the simplest element a bedsore lawyer in the Bronx has to prove. All you have to prove is that the healthcare worker had a duty to provide the patient care. So in a situation where you or a loved one are in a nursing home, the medical staff member has a duty to monitor any preexisting conditions you have and provide the best care possible. And if you’re unable to walk easily due to an injury or disability, they have a duty to move you around as much as possible to prevent bedsores from developing.

The same type of duty must be proven in a hospital facility as well. The nurses and doctors have a duty to care for patients individually and provide the best care they need. Bedsores frequently happen in patients who have had surgery and are unable to get up for several days. A bedsore attorney can evaluate which medical staff member is responsible for allowing the bedsores to develop, which will help prove duty.

Breach Of Duty

Breach of duty can be a little trickier to prove, especially when multiple medical staff members might have provided care to a patient. When you file a medical malpractice lawsuit, you must prove that the healthcare staff member failed in their duty to provide the specific degree of care the patient needed that a similar healthcare professional in the same field would have done in the same situation. A bedsore attorney in Nassau County can identify a breach of duty, but expert testimony is often required to prove it. This means calling a medical professional at the same level to the witness stand to testify about the appropriate standards of care in the situation. Breach of duty can take a little more effort to prove, but a good bedsore attorney can do it with the right expert testimony.

Cause

When proving cause, a bedsore attorney has to prove without a shadow of a doubt that the breach of duty by the healthcare professional caused the injury the patient suffered. The defendant can make many different counterarguments at this stage, so you have to have definitive proof that the specific person the lawsuit was filed against was the reason for the injury. All factors must be evaluated when proving cause, including whether the medical professional acted carelessly or negligently, or failed to act at all. Any patient with preexisting conditions might have to bring forth more proof to the court that those conditions had nothing to do with the new injuries that developed. With a good bedsore attorney that provides plenty of expert testimony, you’ll have a better chance of proving cause.

Damages

When it comes to the fourth element that must be proven in a medical malpractice case, you have to prove that the medical professional’s negligence directly caused harm. These damages can be in the form of physical or emotional injuries, and they could be new injuries or even an extension of a preexisting injury. The court will look at many different factors, including how the damages have impacted your quality of life. For example, if you suffered a significant bedsore that got infected to the point where you had to have a body part amputated, there should be sufficient proof that the medical professional is responsible for those damages. Sometimes the damages are obvious to the court, but other times a substantial amount of evidence needs to be provided, which is when working with the best bedsore attorney is valuable.

Sinel & Olesen, PLLC has helped numerous people in medical malpractice cases. If you need a bedsore attorney with experience to represent you, give us a call and we will provide you with a free evaluation. During the evaluation, we will analyze every aspect of the situation, including your quality of life before and after the incident. We leave no stone unturned in medical malpractice cases and go to great lengths to prove the four elements of a medical malpractice case. We have had many successful medical malpractice cases over the years and we are ready to help you. The first step is to contact us to schedule your free case evaluation and then let our attorneys go to work on your behalf.

While many elderly Americans spend their later years in nursing homes or residential care communities, the majority of seniors requiring medical care remain at home and receive ongoing care there.

That’s over four million Americans entrusting their health to a home healthcare aide.

While the vast majority receive first-rate service from providers, there are unfortunately many instances of medical error when caring for elderly people at home.

Whether these are due to simple human error, lack of adequate training, or overworked personnel allowing tiredness to get the better of them, these mistakes should not happen.

When they affect elderly loved ones, they are particularly upsetting and can have serious consequences.

The following are three common areas to be on the lookout for if you’ve enlisted the assistance of a home healthcare aide for a loved one.

1. Undernourishment

One of the basic expectations of home healthcare is that your loved one will receive adequate nutrition and hydration from caregivers.

Guidance should be provided by the agency and caregivers should follow the dietary advice of medical professionals such as registered nurses or doctors, as well as receiving guidance from the family.

The home healthcare aide should then provide nutritious meals and enough liquids to maintain good health.

Failure to follow the guidelines can result in undernourishment.

For elderly people, lack of food or failure to provide the right food can result in unwanted weight loss and other health problems that could easily be avoided.

2. Failure to prevent bedsores

Another basic expectation of home healthcare aides is that seniors in their care are assisted with getting the necessary movement each day.

For people confined to a bed or wheelchair, lack of movement can result in sores or pressure ulcers developing.

In the worst cases, these shallow sores can develop and become infected if left untreated.

This can lead to unnecessary pain and discomfort for patients and the need for costly medical attention in the hospital.

Bedsores can take many weeks or even months to heal properly if they become infected.

Major signs of bedsores include:

• Redness and swelling in the affected area
• Tender skin that is hot to the touch
• Visible open sores

Bedsores are completely avoidable with adequate attention from healthcare aides ensuring that patients regularly change position.

3. Failure to prevent falls

Many seniors being looked after at home require assistance with everyday tasks such as going to the bathroom, brushing teeth, bathing, showering, and so on.

Failure to attend to these needs regularly during the day can result in seniors trying to complete difficult tasks themselves.

This can lead to unnecessary falls and injuries.

A careless, negligent or inexperienced home caregiver makes this more likely and it should be treated as a serious form of neglect.

Of course, any major fall for elders can create serious complications, with bones breaking easily and healing times taking much longer than for younger people.

Who’s responsible?

People placing loved ones in the care of a home healthcare agency entrust their medical needs to professionals with the ability to understand what is required.

If suitable care is not provided due to neglect or error, the results can be devastating.

However, cases of abuse and neglect in healthcare environments often go unreported.

One study performed on seniors in New York State found that less than three percent of cases experienced by elders were included in formal reports to governmental agencies.

Agencies sometimes fail to provide reliable and experienced healthcare employees in order to save money or because they are over-stretched.

In New York, home health aides are only required to receive 75 hours of training before they can become certified.

Sending an inexperienced, junior employee does not absolve the agency of responsibility for providing adequate care.

Whether the harm caused is intentional or unintentional, the healthcare agency is responsible and there may be legal steps you can take to claim compensation.

What should you do if an elderly loved one is a victim of negligence?

In most cases, minor home healthcare aide mistakes should be raised with the healthcare aide agency at the time that they occur.

If your claims are dismissed, you do not receive satisfactory explanations, or your loved one suffers from a serious medical or care error, seek counsel from a personal injury lawyer who specializes in medical malpractice cases.

An experienced lawyer can advise you on the recommended next steps to take.

Nursing home abuse has been a problem for a long time, but now it is becoming more widely known due to media reach. Patients in nursing homes need to be properly taken care of, including bathing, cleaning, changing out bedding and equipment, and other basic measures. The reality is many patients don’t get the level of care they deserve, and they can develop diseases and conditions as a result. Sepsis is a dangerous infection common in nursing home patients, and a bedsore lawyer in the Bronx, NY might need to get involved if your loved one has developed it.

What Causes Sepsis?

Sepsis is a bacterial infection that spreads from vulnerable parts of the body until it finds its way into the main bloodstream. In severe cases, sepsis can be fatal when the body responds to the infection so severely that it begins damaging the tissues. Sepsis needs an entry point on the body to develop and spread. In many cases, this entry point is in the form of bedsores or skin ulcers that don’t get treated quickly enough by caregivers. And in fewer situations, IV lines can be risky for developing an infection since there is direct contact with the bloodstream. If caregivers do not properly sanitize and clean the equipment, they could be creating conditions favorable to developing sepsis.

Signs Of Sepsis To Watch For

Your NY bedsore attorney in Suffolk County can indicate the early signs of sepsis to look out for. Any type of infection is the first and most important sign since an infection is what sepsis needs to begin developing. And if the infection is not treated quickly and properly, then changes in a person’s mental state could occur, as well as developing high respiratory rates and systolic blood pressure changes. In serious cases, sepsis shock can develop, which leads to more serious symptoms and can be fatal. A bedsore attorney should be made aware of progressing symptoms as soon as possible.

Sepsis Often Develops Because Of Neglect

While sepsis can develop with any infection on the body, it most often occurs in people who are in nursing homes, have been hospitalized for a long time, or have been recently hospitalized. Neglect is a major factor with sepsis development, which is why it’s important to reach out to a bedsore attorney if you believe your loved one is being neglected when they should be receiving professional care. Infections need to be treated immediately. But when caregivers don’t follow proper protocols, they might not even realize a patient has developed an infection. At that point, it might be too late to stop sepsis from developing, and your bedsore attorney will need to get involved as soon as possible.

Sinel & Olesen, PLLC is here to help you with your bedsore case. Sepsis is a highly preventable condition that can be alleviated quickly with proper care. But without proper care, it can also turn deadly quickly. When you need a bedsore attorney to represent you, contact us at any time to schedule a free case evaluation.

You’ve entrusted your parent to the care of a home nurse or home care aide during times when you can’t be there.

Who is at fault if your parent suffers a fall and a subsequent injury?

Where do you stand from a legal point of view?

Do you have the same rights as if your parent had fallen in a nursing home?

In some cases, you may be able to sue the home care agency if you can show that the nurse or aide was negligent and was responsible for the injury and losses caused.

How can falls happen at home?

Without the right supervision, an elderly person can fall just as easily in their own home as in a hospital or nursing home.

Between 50 percent and 75 percent of nursing facility residents fall each year, so it is reasonable to assume that falls at home with visiting nurses or aides are similarly common.

In most cases, they are preventable.

Most commonly, falls occur due to:

• Hazards in the home, such as wet floors, slippery rugs, or exposed electrical cords
• The use of certain medications which affect balance
• Incorrect administration of medicine (under-medicating or over-medicating) causing unnecessary side effects
• General weakness or illness (low blood pressure can cause dizziness, for instance)
• Dementia
• Poor vision
• Inaccessibility of walking aids
• Lack of adequate attention paid by the care worker
• Lack of adequate care taken when moving a patient
• Poor supervision during activities
• Poor lighting
• Lack of handrails

With each of these examples, a professional entrusted to look after your elderly loved one should take adequate precautions to avoid problems.

He or she should be aware of the individual’s condition, risk of falls, and take measures to prevent accidents from occurring like removing hazards and making sure that walking aids are always within reach.

A slip or fall can be serious for any person of any age but, for the elderly and frail, they can be devastating – resulting in bone fractures that can lead to complications and other serious side effects.

Falls at home can lead to extra costs such as additional medical treatment and the need for rehabilitation, as well as the loss of quality of life and pain and suffering.

Is a visiting provider responsible for your parent’s fall?

When you entrust a visiting nurse or aide to look after your parent or other loved one at their home, you sign an agreement and the nursing agency commits to providing a certain level of care.

The very reason for hiring a home nurse or aide is usually to avoid your loved one suffering unnecessary health risks and to maintain a certain level of comfort and confidence in their safety.

Both state and federal law require that nursing agencies maintain certain standards in regard to patient safety and care.

With the duty of care responsibility to look after patients under their supervision, preventing falls should be top of the list for any visiting provider.

A nurse or home help aide should be looking out for the wellbeing of your loved one, watching over and supervising their movements, helping them perform whatever daily tasks they need to perform, and administering medicine and preparing meals as per the terms of your agreement.

Unfortunately, this is sometimes not the case and the duty of care is found wanting.

How to file a claim

Genuine accidents do happen and sometimes they are unavoidable.

However, most falls can be prevented and when you have hired a home nurse or aide in part to prevent serious falls, you should have some legal recourse in the event of negligence.

Just because your parent’s fall happened at home rather than in a nursing home, it doesn’t mean that you are not protected by the same general rules.

The visiting provider is responsible for keeping your parent safe and the agency can be sued if the care worker fails to discharge their duties in accordance with the agreement you have.

Negligence is equally common with home care as it is with nursing homes and, if you can prove it, the nursing or home care agency is unlikely to want to go to court.

So, after your loved one has received the appropriate medical attention, it is important to get the facts of the incident.

Document these, take any photographic or video evidence that may support the facts and then speak with a lawyer if you suspect negligence from a visiting nurse or aide.

While these cases can sometimes be difficult to prove, an experienced attorney who specializes in this type of personal injury will assess your case and be able to guide you through the personal injury claims process.

If the agency sees that you have approached a lawyer, it is more likely to push for a settlement out of court as this is generally less expensive and stressful for everyone concerned.

Unfortunately, if your parent is in a nursing home in the United States for an extended period of time, there is a high likelihood that he or she will suffer a fall at some point.

Falls in nursing homes are alarmingly common – and they can be serious, even life-threatening.

In fact, according to the Nursing Home Abuse Center:

• Deaths due to falls in nursing homes constitute 20% of deaths in U.S. adults aged 65 and over – though only about 5% of this age group lives in nursing homes.
• About 10%-20% of nursing home falls result in serious injuries.
• The average rate of falls is 2.6 falls per person in any given year.
• Between 50% and 75% of nursing-facility residents fall each year

So, what should you do if your parent falls at a nursing home?

What steps should you take and are there legal avenues open to you?

Determine what happened and who was at fault

After ensuring that your parent has received the necessary medical attention after a fall, the first thing you should do is to check what happened.

Were there witnesses? What is the staff version of events? What happened according to your parent?

Try to get a precise picture of what happened and, if necessary, take photographs or video to support the story.

Overworked, under-prepared or under-trained staff working excessively long hours is no excuse for your parent falling.

The nursing home undertook a duty of care responsibility when your parent became a resident and the home should not raise the risk for residents by attempting to cut costs.

Nor is it acceptable, for instance, for electrical leads or wet floors to cause a fall for an elderly resident who should have been supervised while walking.

Some cases are obvious and others less so. Conduct a thorough investigation into what happened so that you have a complete picture.

If you start to get a picture of possible negligence from members of staff at the nursing home, the next step is to understand what should have happened to prevent the fall.

Review the nursing home protocols

Once you know the facts about the incident, refer to the nursing home protocols.

One of the main duties of a nursing home is to keep its residents safe and free of risks to their health and wellbeing.

Every nursing home should have a set of rules, systems or guidelines for staff to follow to prevent falls from happening and to take appropriate action in the event of a fall.

The best nursing homes have almost every base covered and train their staff well in following the protocols correctly.

However, that is not always the case, unfortunately.

Usually, the guidelines cover protocols such as:

• Understanding the needs of each individual patient with regards to mobility
• Watching vulnerable residents as closely as possible at all times
• Accompanying high-risk residents when they walk
• Providing residents with walkers or wheelchairs as required
• Reviewing the medications administered for increased risk of dizziness/imbalance/falls
• Providing adaptive equipment like handrails, lowered beds, raised toilet seats, etc.
• Providing hip pads to prevent hip fractures in the event of falls
• Supervising strengthening exercises for residents

Such attentiveness prevents falls from happening – which is the ideal situation. For instance, careful observation of residents may lead to staff noticing changes in walking gait that increase the risk of falls.

If a resident’s dementia worsens, it should be noted that extra care should be taken with that resident.

Preventative measures can and should be taken, according to the most comprehensive nursing home protocols.

However, even in facilities that are well prepared, accidents still happen. So, protocols should include what to do in the event of a fall:

• Assessment procedures
• Identifying the cause of the fall
• Treatment required
• When to call an ambulance, etc., etc.

Any nursing home in the United States has a set of minimum standards to follow to ensure the physical, mental and general well-being of every person residing there. The 1987 Nursing Home Reform Act lays out these guidelines.

However, the nursing home should also have other protocols in place that go above and beyond the minimum requirements.

Understand these protocols first and, if they are not followed and cause your parent to fall or suffer unnecessarily after a fall, consult with a personal injury lawyer experienced in such cases.

Take legal action?

Your consultation with a personal injury lawyer should help you determine whether legal action is the right course to take.

After a fall, your parent may have to pay extra medical expenses and suffer emotional as well as physical pain and suffering.

You may be able to claim compensation for these.

If you have strong evidence that your parent’s fall was due to negligence of nursing home staff and the failure to follow correct protocols, you may have a strong case for damages.

Taking legal action often convinces the nursing home to settle out of court as trials can be expensive, time-consuming, and can easily damage reputations.

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Bedsores are typically easy to prevent and are particularly easy to prevent serious complications. However, people who reside in nursing homes are more prone to getting bedsores due to neglect from nursing home staff. You can always rely on a bedsore attorney in The Bronx, NY if you believe your loved one is experiencing neglect in a nursing home. But it’s also important to know what bedsores are so you can point them out early. Stage 4 bedsores are the most dangerous types and we’ve examined why so you are better informed.

What Causes Bedsores To Begin With?

In most situations, a bedsore attorney indicates bedsore development occurs when people don’t move enough. Nursing home residents often have a hard time moving and they rely on the care person to help them. But when neglect occurs, residents can stay in one position for too long and the pressure on certain parts of the body can restrict blood flow and lead to bedsores. Friction on bed sheets can also rub the skin so much that bedsore development can occur. Bedsores start as a small sore, but can evolve into a more serious issue if left untreated.

Symptoms And Signs Of Stage 4 Bedsores

There are four stages of bedsores a bedsore attorney in Brooklyn will examine in a legal case. The first stage is simply redness on the skin and Stage 4 is when bone or muscle is exposed. A bedsore attorney will typically get involved when bedsores reach Stage 3 because if they have gotten that far, then negligence is usually a factor. Stage 4 bedsores are by far the most dangerous and the signs and symptoms include:

• Exposed bones, ligaments, tendons, or muscles
• Skin discoloration
• Blisters, pus, or drainage
• Hot skin at the wound site
• Odors from the wound site

Stage 4 bedsores are not necessarily life-threatening immediately. However, they can turn that way quickly, so immediate action is needed to treat them effectively. If nursing home staff members don’t take appropriate action, then it’s time to contact a bedsore attorney in The Bronx, NY right away.

What Are The Risk Factors Of Stage 4 Bedsores?

A bedsore attorney in Brooklyn will indicate people with mobility limitations are the most susceptible to reaching Stage 4 of bedsore development. It’s critical to ensure proper blood flow to all areas of the body, especially in elderly people. Some of the conditions that further increase the risk of Stage 4 bedsore development include:

• Poor nutrition
• Diabetes
• Dementia
• Obesity
• Fragile skin
• Fecal or urinary incontinence

Nursing home staff should understand whether a resident has any of these conditions and ensure they receive proper care to prevent bedsores from developing. Anyone can develop bedsores, but people with these conditions are much more likely to reach Stage 4 if they don’t receive the right amount of attention.

Understanding The Life Expectancy Of Stage 4 Bedsores

The life expectancy of Stage 4 bedsores is high, but the caveat is they must be treated effectively for the life expectancy to remain high. With proper treatment, Stage 4 bedsores can heal completely in a span of a few months to up to a couple of years.

The main issue occurs when complications from Stage 4 bedsores are present. These complications include:

• Sepsis development
• Cellulitis
• Cancer
• Blood infections
• Joint infections
• Bone infections

It’s not the bedsore itself that is life-threatening. It’s the complications that can occur from it when it doesn’t receive appropriate attention. Anyone who experiences these complications needs to receive immediate medical attention or their life expectancy will drop significantly. And depending on how the nursing home staff handles the situation, a bedsore attorney might need to get involved.

Proper Treatment Is Crucial

Bedsores need to be treated right away. When caught early in their development, they should never reach Stage 4. However, once bedsores reach Stage 2 or higher, medical treatments are needed to prevent further development. Nursing home residents need a lot of attention when they have Stage 4 bedsores. Medical professionals should administer antibiotics as needed to prevent the area from getting infected. And sometimes damaged tissue from the area needs to be removed.

Nursing home staff should prioritize moistening the wound as needed so healing conditions are as ideal as possible. They should also relieve pressure from the area at all times so the wound does not get any worse. Proper hydration and nutrition are also essential to give the body what it needs to fight off any infections. Without these treatments, surgical intervention could be necessary.

When To Seek Legal Assistance

It’s important to confront nursing home employees at the first sign of bedsore development. Monitor their actions and inactions after this and document them all. The hope is the professionals will treat the area appropriately, but it’s important to have a bedsore attorney on standby just in case. Treatments and appropriate care can get very expensive when bedsores reach Stage 4. And if negligence from the nursing home played a role in Stage 4 bedsore development, then you shouldn’t be on the hook for the expenses.

Sinel & Olesen, PLLC is here to protect you and your loved ones from nursing home negligence that occurs too often. The earlier you contact our office, the earlier we can intervene if needed and potentially save the life of your loved one. You should be able to expect nursing home staff to care for your loved one appropriately, but the reality is it doesn’t happen enough. We are available at your disposal, so don’t hesitate to contact us when you need a bedsore attorney you can trust.

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When you or a loved one are preparing for medical treatment, you might want to research the doctor beyond their education and professional experience. Knowing whether they’ve been involved in a medical malpractice lawsuit could change your mind about using them. There are a couple of ways you can search for this information, but the most efficient way is to work with a bedsore attorney in Nassau County. Here’s what you need to know.

How To Search Online For Civil Court Records

Anyone can search through public court records and find out any information they want about their doctor. The challenging part about this is you may have to search through several different databases to get your doctor’s full legal history. One thing a NY bedsore lawyer in Suffolk County will caution you on is doctors are sued for medical malpractice all the time. So there’s a chance you’ll find out your doctor was sued, but court records could just as easily show they were not liable for any type of wrongdoing.

Check The New York Department of Health Records

The New York Department of Health provides information about any licensed doctor in New York. You can find out about a doctor’s credentials, education, professional experience, and whether they’ve been involved in any medical malpractice cases. While it’s a helpful database, the average person still might not be able to find everything they are looking for about a particular doctor.

Seek Assistance From A Reputable Attorney

The best way to learn about a doctor’s legal history is to work with a bedsore attorney. When you engage in research on your own, you can find yourself going down a long road full of information that might not be relevant to what you’re looking for. A bedsore attorney can sort through the information and only pick the relevant issues and present them to you so you can make an informed decision about your medical care.

Sinel & Olesen, PLLC can help you file a new medical malpractice lawsuit or get more information about a doctor so you can avoid a potential lawsuit. It’s important to note that many doctors will have a lawsuit filed against them, but this doesn’t mean they were found liable for wrongdoing. We will dig into the details about the doctor of your choosing so you can know exactly what their history is. If you have any questions or need any further assistance, don’t hesitate to contact us at any time.

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The prevalence of elderly and immobile individuals suffering bedsore wounds in nursing homes and other care facilities in New York might shock some people.

It’s far common than most imagine and the resulting injuries can be far more extensive than you think, leading to muscle, bone degeneration, nerve damage, and even death.

Growing awareness of the problem is leading to increasing numbers of bedsore lawsuits.

If you or a loved one have suffered bedsores due to the negligence of caregivers – whether at home or in a nursing or health facility – you may be entitled to compensation for the losses and pain and suffering caused.

You should not be out of pocket because of the negligent or reckless actions of others.

But how much is the average bedsore lawsuit settlement?

What can you expect if you sue a nursing home, hospital or care agency for losses experienced due to bedsores?

Factors that affect a bedsore settlement

Bedsores can lead to a range of undesirable consequences, most notably:

• Excessive medical bills to treat the bedsores
• Inconvenience – frequent trips to the hospital for treatment of the wounds
• The possibility of serious infections that are difficult to treat
• Physical pain and suffering
• Mental and emotional pain and suffering
• Death

Victims often mistakenly believe that bedsores are part of the risks of having to remain in bed for a lengthy period of time.

However, a care facility has a duty to ensure that a patient receives adequate daily movement, just as they must ensure adequate nutrition, a hygienic environment, etc.

Being understaffed or failing to provide adequate training does not absolve the facility of this duty of care.

Bedsores and many potentially serious consequences associated with bedsores can result from negligence.

If you and your bedsore lawyer agree to pursue a lawsuit, the following factors will affect your settlement:

• The extent of the physical pain and suffering experienced
• The extent of emotional pain and suffering
• The amount of medical care required (and the associated bills)
• The need for future rehabilitation or disability care
• Whether there has been any lasting damage to health
• The age of the patient

The most important factor is the extent of the injuries caused. To assess this, we can consider the standard four stages of bedsores:

• Stage 1: Redness, sensitivity, and heat in the affected area (but no skin loss)
• Stage 2: Skin loss affecting all the layers of the epidermis and potentially causing serious infections
• Stage 3: Complete destruction of the skin and necroses of the underlying tissue
• Stage 4: Destruction of the underlying muscle tissue and bone degeneration, with potential nerve damage and even paralysis resulting

As you can see, bedsores are more than simple surface wounds resulting in discomfort. Not only can the pain be excruciating; the secondary effects of bedsores can result in serious injuries and permanent disability requiring round-the-clock care.

Bedsores, therefore, need urgent treatment early on to prevent more serious effects developing.

The greater the negligence the greater the potential for injury; and the greater the extent of the bedsores, the greater the settlement you can expect from a lawsuit.

Average bedsore settlement

Damages awarded in bedsore lawsuits punish the negligent, at-fault party so that similar harmful acts can be prevented in the future.

The extent of these damages varies greatly from case to case as every bedsore lawsuit is unique.

Because the factors vary in every case, a qualified bedsore attorney will need to assess these factors in order to provide an accurate indication of what a bedsore settlement may be worth.

A quick review of the facts of your case should yield the information needed to provide an approximate estimate of the settlement you can expect from a lawsuit. However, a thorough evaluation will ultimately be needed if you decide to pursue legal action.

It is informative to look at some examples as we consider an average bedsore lawsuit settlement in the U.S. Following are some indicative figures:

• In cases where bedsores are caused by neglect but the patient recovers relatively quickly, a bedsore lawsuit settlement may be in the region of $150,000 – $300,000
• In cases where bedsores lead to infection and hospitalization, a bedsore lawsuit settlement may be in the region of $500,000 or more
• In cases where patients have Stage 4 bedsores that lead to considerable pain, suffering and permanent long-term harm, the settlement range may be significantly higher than $500,000
• In cases where serious bedsores can be shown to have directly contributed to a person’s death, a wrongful death lawsuit may be brought by the surviving family members that may be worth up to $1 million (especially if the patient was not considered elderly)

A settlement’s value will depend on the age, severity, period of pain and suffering, and subsequent complications.

Do you have a case for a bedsore lawsuit?

Sinel & Olesen, PLLC represents families whose loved ones have been the victim of bedsores.

Because of the large sums potentially involved in bedsore lawsuits, large care facilities and hospitals usually have teams of lawyers representing them. It can be challenging to stand up to them.

We provide the support you need to get what you deserve.

Start with a free consultation with one of our bedsore lawyers.