Can I Sue a Santa Fe Nursing Home for Bedsores Due to Not Turning a Resident?
Posted by PKSD New Mexico Law Firm on November 20, 2024 in Nursing Home Neglect
Nursing home residents who are not mobile need to be turned periodically to avoid developing bedsores. When nursing homes fail to meet these acceptable standards of care, and it causes serious harm to a resident, the facility may be liable for any resulting damages.
If your loved one developed bedsores due to a nursing home neglect, you may have grounds for a lawsuit. Our experienced Santa Fe nursing home abuse lawyers are available to discuss your potential legal rights during a free consultation. There are no upfront costs or fees if we represent you. We only get paid if you do
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Can a Santa Fe Nursing Home Be Sued for Bedsores?
Proving nursing home negligence in bedsore cases requires demonstrating that the facility failed to meet the standard of care in preventing and treating pressure ulcers. The facility’s duty of care includes regular patient assessments, proper repositioning, and maintaining detailed medical records.
Key evidence of negligence for damages resulting from bedsores includes:
- Failure to conduct initial skin assessments and regular monitoring
- Inadequate repositioning of immobile patients (standard is every 2 hours)
- Poor documentation of care and wound progression
- Insufficient staffing levels preventing proper care
- Lack of proper nutrition and hydration monitoring
- Inadequate staff training on prevention protocols
- Delayed response to early warning signs
What Is the Responsibility of a Nursing Home in Preventing Bedsores?
The Centers for Medicare and Medicaid Services (CMS) is a federal agency within the United States Department of Health that sets clear guidelines that nursing homes and other long-term care facilities must follow to prevent bedsores.
This includes ensuring there are sufficient staff to properly care for residents and adhering to any federal or state regulations regarding patient care. When a nursing home fails to meet these basic care needs, it can result in serious complications such as bedsores, infections, sepsis, and even death.
What Damages Can I Claim in a Nursing Home Bedsores Lawsuit?
You may recover these damages if you prove that a Santa Fe nursing home was negligent in preventing bedsores:
- Medical Expenses: The cost of treating bedsores may include hospital stays, surgeries, medications, wound care, and ongoing treatment.
- Pain and Suffering: Compensation may be available for the physical pain and emotional distress the resident experienced due to the bedsores. For example, an infection from the bedsores could spread and cause severe discomfort.
- Loss of Quality of Life: If the bedsores caused permanent damage or disability, you may be entitled to compensation for the diminished quality of life. For example, a resident may become frustrated because they have less independence to perform daily activities.
- Wrongful Death: If a resident died due to complications from untreated bedsores, you may be able to file a wrongful death claim. This compensation could cover burial expenses, loss of companionship, and the pain the resident endured before death.
What Steps Can I Take If I Suspect Nursing Home Neglect in Santa Fe?
If you suspect that a nursing home in Santa Fe has been negligent, consider taking these steps:
- Seek Medical Attention: If you are another staff member, ensure the resident receives proper medical care for the bedsores. Early treatment can prevent further damage and complications.
- Document Everything: Loved ones can keep detailed records of the resident’s condition, including photographs of the bedsores, medical records, and any communications with the nursing home.
- Report the Issue: Notify the nursing home administrators about your concerns. If notifying administrators does not resolve the issue, report the situation to the New Mexico Department of Health or the Long-Term Care Ombudsman Program.
Reach Out to PKSD For Legal Help
At PKSD, we are here to support you and your family during these difficult times. Our trusted attorneys are compassionate and dedicated to protecting the lives of vulnerable individuals in our community.
Contact our firm to learn how we can help you and your family. We work on a contingency fee basis, so we only get paid if we win your case. Our firm also offers a free case review to determine your legal options without any upfront costs.
Schedule a free case review today to determine your legal options: 505-677-7777