The Bedsore Lawsuit Specialists

When a patient develops a bedsore, malpractice is typically the cause, and a lawsuit should be filed. Patients most at risk for these injuries are those with a medical condition that restricts their ability to move freely and/or change positions. Most bedsores occur on bony areas of the body, including the heels, ankles, hips, and tailbone. A medical malpractice law firm with experience handling bedsore cases, like Davis Adams, should promptly review the medical file.

The difference between winning and losing pressure injury and bedsore lawsuits is always in the details: reviewing every page of voluminous medical charts, knowing exactly what to look for in nurses’ notes; understanding patients’ full and complete clinical picture so that defenses can be anticipated and avoided; and substantial experience handling bedsore cases that have resulted in favorable recoveries for patients.

Some general personal injury law firms that do not otherwise represent victims of medical negligence will sometimes attempt to handle bedsore cases. Their belief is that these cases can be settled quickly and easily with a letter and a phone call or two.

When it comes to pressure injury and bedsore cases, there is no substitute for relentless, high-quality legal work, which is why clients are more likely to obtain favorable recoveries when they choose a skilled attorney who specializes in medical malpractice and related practice areas and has a track record of significant recoveries for victims of bedsore injuries.

HOW DO BEDSORES FORM?

The family and loved ones of the patient often wonder, “How do bedsores form?” Two primary theories exist regarding the formation of bedsores.

The first and most accepted is the deep tissue injury theory, which theorizes that the ulcers begin at the deepest level, around the bone, and move outward until they reach the epidermis.

The second, less accepted theory is the top-to-bottom model, which speculates that skin first begins to deteriorate at the surface and then proceeds inward. Whichever theory is actually true is largely irrelevant for caregivers who are charged with preventing the formation of bedsores in their patients. Prevention may be the only way to avoid a lawsuit.

CAN BEDSORES BE PREVENTED?

Most of the time, bedsores can be prevented. The single most important care for a patient at risk for bedsores is the periodic redistribution of pressure on the body. In the 1940s, British Neurologist Ludwig Guttmann began the practice of repositioning paraplegics every two hours, ensuring that pressure did not remain focused on one part of the body for an extended period of time. The result: patients who previously had a two-year life expectancy (given that they were routinely succumbing to blood and skin infections) were living longer and enjoyed much-improved prognosis.
 

Thus, for more than 75 years the most important medical rule that healthcare workers should obey when treating patients at risk for bedsores has been crystal clear: routinely rotate the position of the patient. Unfortunately, while this seems easy enough, the rule is all too often ignored. The sad reality is that patients develop bedsores every day due to assisted living facility negligence. A lawsuit is often the only recourse.

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WHAT IS THE STATUTE OF LIMITATION FOR BEDSORE CASES?

Normally, the statute of limitation for bedsore cases in Georgia is just two years from the date of the negligent care. However, certain circumstances can extend the statute of limitation. For example, when a provider conceals negligent care that is later discovered, the time limit begins at discovery. Other scenarios can entail shorter amounts of time in which a case must be pursued. An example of this would be if the negligent carrier is used by a government entity, which can trigger claim notification deadlines as brief as six weeks from the date of the negligent care.

To make things more confusing, bedsore injuries are subject to a five-year statute of repose. This is meant to be a “final deadline,” beyond which a bedsore case cannot be registered for any reason. However, it does not necessarily work that way; there are a few exceptions.

Thus, the best answer is that it depends. Therefore, you shouldn’t attempt to ascertain the statute of limitation on your own. Rather, please contact Georgia attorneys Jess Davis or Chad Adams and we’ll be more than happy to collect and analyze the facts required to provide you with the right answer.