People go to nursing homes when they are unable to care for themselves. When people reside at a nursing facility, they expect that the facility will attend to all of their medical needs. Unfortunately, however, this is not always the case. When patients are immobile, the constant pressure on certain areas of their bodies can damage their underlying bodily tissue. This may result in a pressure ulcer forming on the hips, buttocks, lower back, tailbone, ankle, heel, or foot.
In most cases, bed sores are entirely preventable and result from medical negligence. Bedsores usually come about when nursing home staff failed to properly turn patients, clean them, or change their bed sheets and clothing in a timely manner.
If you or a loved one reside in a nursing home and suffered injury in the form of a bed sore, you should contact a St. Petersburg nursing home bedsores lawyer as soon as possible. An experienced attorney could evaluate your case and let you know whether you have a compensable claim.
Bringing a Claim for Medical Negligence
Medical negligence claims involving nursing home bedsores are complex and time-sensitive. In St. Petersburg, as in the rest of Florida, a patient must file a medical negligence claim within the applicable statute of limitations period. If the patient or their representative fails to do so, under most circumstances they are forever barred from bringing a claim or recovering monetary compensation for that particular injury.
A St. Petersburg nursing home patient must ordinarily file a medical negligence claim or lawsuit within two years of discovering the injury. At the very latest, the patient must file the claim or lawsuit within four years of the date of the alleged malpractice.
In addition to the time requirements, the patient must submit an affidavit from a medical professional prior to filing suit. This affidavit must state that the patient has a valid medical negligence claim.
Defining Medical Negligence
In a nursing home bedsores case in St. Petersburg, the patient must be able to demonstrate medical negligence on the part of the nursing home. Medical negligence—or medical malpractice—means that a health care provider or facility acted unreasonably.
St. Petersburg nursing homes owe their patients a duty of reasonable care. Reasonable care means that the nursing home:
- Provides treatment in a timely manner
- Addresses all patient concerns
- Makes sure that patients are clean and bathed at all times
- Provides patients with proper medical care
- Properly maintains patients’ rooms, clothing, and bedding
When nursing homes fail to monitor their patients’ health and safety and bed sores or other serious injuries result, then the nursing home can be held liable for negligence. If the nursing home patient can prove that the home was negligent, then they may be able to recover damages.
Speak with a St. Petersburg Nursing Home Bed Sores Attorney Today
Not only are bed sores painful, but they can also result in more serious injuries and infections. Proving nursing home negligence often requires independent medical testimony, but if the patient can successfully prove medical negligence, then they may be able to recover both economic and non-economic damages, including compensation for pain, suffering, emotional distress, and inconvenience.
A St. Petersburg nursing home bedsores lawyer could discuss the facts and circumstances of your case with you, explain all of your legal rights, and help you decide on the best course of action. Call today to schedule an initial consultation.