Nursing Home Bed Sore Lawyer in Albuquerque
Bed and pressure sores are preventable, but nursing homes often fail to provide residents with the necessary care to keep them from happening. The Albuquerque nursing home negligence attorneys at Parnall Law Firm can help if you or your loved one developed bed or pressure sores while in the care of a nursing home. Our lawyers are experienced trial attorneys who can help you take a stand against negligent care providers, and seek compensation for your or a loved one’s injuries. Contact us today to discuss your case.
What are Bed and Pressure Sores?
Bedsores, also called pressure sores or decubitus ulcers, are skin lesions caused by prolonged pressure or too much time spent in one position. They primarily develop in areas where the bones are close to the skin, such as the hip, back, and elbows. Those with limited mobility, such as bedridden or wheelchair-bound individuals, are most at risk for developing bedsores.
Bedsores are categorized into four stages, with those in stages 3 and 4 as the most severe cases. There is skin loss in both stages, but muscle or bone is exposed in stage 4 bedsores. If not treated properly, stage 3 and 4 bedsores can quickly lead to complications, including sepsis, bone infections, and death.
Regulations Related to Bed Sores in Albuquerque, New Mexico
Various federal and state regulations specifically address bed sore prevention in nursing homes. Nursing homes must assess a resident upon admission and implement a proper care plan, which includes bedsore treatment. If bedsores do develop, nursing homes must provide the necessary treatment to heal the sores, prevent infection, and stop new sores from developing.
New Mexico also requires nursing homes to provide residents with proper hydration and encourage mobility. Any significant change in a resident’s condition must be reported to the on-call nurse for appropriate action. Staff members who neglect a resident may face criminal charges under the New Mexico Resident Abuse and Neglect Act. If you suspect a case of neglect or abuse, report it to the authorities right away.
Liability For Inadequate Care for Bed Sores in Albuquerque Nursing Homes
Nursing home residents who develop bedsores often do so as a result of nursing home negligence. Lack of movement or repositioning, poor hygiene, poorly trained staff, and insufficient monitoring are just some of the reasons bedsores develop or worsen. A personal injury suit allows a resident to hold a nursing home and its staff accountable for failing to prevent or properly treat bedsores.
To prevail in a suit, a plaintiff would have to establish that the nursing home staff was negligent.
The plaintiff must show that one of these three incidents occurred:
- The plaintiff was owed a duty of care by the defendant;
- The defendant breached the duty by failing to adhere to the proper standard of care; and
- The breach caused the plaintiff’s injuries and damages.
By showing that the staff was negligent, the plaintiff can hold the nursing home accountable under the doctrine of respondent superior. In New Mexico, an employer can be held vicariously liable for the negligent acts of an employee if those actions, or inactions, are committed during the course and in the scope of employment. In some cases, a nursing home may try to deflect liability by claiming that the doctor, nurse, or other provider who treated the resident was an independent contractor. The nursing home may still be held liable if the plaintiff can show it was negligent in hiring the provider.
Damages and Compensation For Nursing Home Bed Sores Lawsuits
Your parent, spouse, or loved one may be able to recover damages if he or she develops bed and pressure sores while in the care of a nursing home. Recoverable damages include compensation for past and future medical expenses, pain and suffering, and loss of consortium if your relative died from bedsore complications.
Call Our Advocates For Your Nursing Home Negligence Case in Albuquerque
The Albuquerque nursing home negligence lawyers at Parnall Law Firm provide counseling and representation to injured nursing home residents and their families. Since 1997, our attorneys have helped clients hold nursing homes accountable for their careless actions. We are prepared to aggressively fight for you and your right to compensation. If you or your relative developed bed sores while in a nursing home, call our office at 505-514-0230 or complete our online form today to schedule an initial consultation at no cost.