By Nursing Home Law Center
Maybe. The answer depends on the jurisdiction and what type of medical facility (nursing home, hospital or assisted living facility) is responsible for the bed sores. State laws vary substantially when it comes to an injured parties right to recovery money damages for their injury. Some state legislatures have implemented ‘caps’ that limit an injured party or their estate in their recovery to a pre-set amount.
Other states allow a judge or jury to determine what constitutes fair and reasonable compensation. A jury may award damages for both past and future: medical expenses, pain and suffering, disability and loss of a normal life. In the case of wrongful death, a jury may award damages for loss of society to the family of the deceased.
Even in states where there are no caps on financial recovery, some medical facilities do not carry appropriate amounts of insurance coverage to fully compensate the injury party. Nursing homes and assisted living facilities are notorious for inadequately insuring their facilities. Many facilities have established complex systems of ownership that limit the owners personal liability with the hope of discouraging injured parties from pursuing some cases.
Despite a growing trend amongst medical facility owners to evade responsibility, aggressively pursued bed sore cases can frequently be resolved for substantial amounts– sometimes prior to litigation. A lawyer experienced in handling bed sore cases should be able to advise you and your family of your legal rights during an initial consultation and during the course of settlement discussions or litigation.
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