Are There LImits on the Financial Recovery for a Person who Developed Bed Sores due to the Negligence of a Facility?

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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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric