Who Is Liable for Bed Sores in Nursing Homes?

When pressure ulcers occur, it’s fair to ask: Who is liable for bed sores in nursing homes? Families have the right to demand accountability, and legal action may be necessary.

Bed sores, also known as pressure ulcers or decubitus ulcers, are often a clear warning sign of nursing home neglect. These painful and sometimes life-threatening wounds typically develop when a resident isn’t moved regularly, allowing pressure to cut off blood flow to the skin and underlying tissue. 

Most pressure sores are preventable with basic care, which means their presence may point to serious failures by staff or facility management.

Nursing Home Residents’ Legal Rights 

Nursing home residents are protected under both federal and state laws that require care facilities to provide services that maintain or improve a resident’s health and well-being.

The Nursing Home Reform Act of 1987, part of the Omnibus Budget Reconciliation Act, mandates that facilities must ensure residents do not develop pressure ulcers unless they are clinically unavoidable. If a resident already has a sore, the law requires the facility to provide treatment to promote healing and prevent new open wounds from forming.

Additionally, 42 CFR §483.25(b) outlines a facility’s obligation to prevent and manage bed sores through proper care planning and monitoring. When these standards are not met, it may be considered negligence.

Residents and families have the legal right to pursue claims against negligent nursing home staff, administrators, or medical professionals for failing to follow accepted care standards.

Nursing Homes Are Often the Primary Liable Party

In most cases, the nursing home itself is legally responsible when bed sores develop due to nursing home neglect. The facility may be held liable for failing to enforce basic care protocols such as regular repositioning, skin checks, and proper hydration and nutrition.

Many pressure ulcers result from staffing shortages, lack of training, or poor supervision. If management fails to schedule enough staff or overlooks clear warning signs of injury, the entire nursing facility can be held accountable.

Policies that ignore risk factors, such as immobility or existing medical conditions, further increase liability. When a resident develops a stage 4 pressure sore under these circumstances, it may signal widespread failures that go beyond individual caregivers, placing blame squarely on the facility’s leadership.

Nursing Home Administrators and Management Oversight

Nursing home administrators play a critical role in setting and enforcing care standards. When pressure ulcers occur, it often reflects deeper issues with how the facility is managed. Administrators are responsible for hiring and retaining qualified staff, ensuring proper staff-to-resident ratios, and implementing protocols for preventing pressure ulcers.

When leadership fails to train staff, ignores care plan compliance, or allows residents to go without basic repositioning or hygiene, they may share liability. A lack of oversight from management can directly lead to neglect, placing residents at risk of bed sores, infections, and avoidable harm.

Nursing Staff and CNAs: Day-to-Day Accountability

Certified nursing assistants (CNAs) and licensed nursing staff are often the first line of defense in preventing and managing bed sores in nursing facility residents. Their daily responsibilities include turning residents to relieve pressure, inspecting skin for changes, cleaning the affected area, and reporting any early signs of open wounds.

When these basic duties are ignored or delayed, pressure ulcers can quickly worsen, sometimes leading to stage 4 sores or fatal infections. Staff may be held personally liable if their failure to follow established care procedures directly contributes to the injury.

In many nursing home negligence cases, records show staff skipped turning schedules or failed to notify supervisors of a developing sore. While oversight issues may start with management, individual staff members can also be accountable if their actions—or inactions—cause harm.

Accurate documentation and prompt intervention are essential responsibilities under the law.

Doctors and Medical Professionals in Nursing Homes

In some cases, healthcare professionals—including attending physicians, wound care specialists, or nurse practitioners—may share liability for bed sores in a nursing home setting. These professionals are expected to evaluate nursing home residents, monitor the progress of any wounds, and ensure that proper treatment plans are in place.

If a doctor fails to diagnose a developing pressure sore, delays ordering necessary care, or overlooks signs of infection, it may constitute medical malpractice. Poor wound care planning or a failure to adjust treatment when a sore worsens can also place liability on the provider.

Legal claims often cite both the facility and individual medical staff when residents suffer serious injuries due to neglectful or substandard care. When pressure ulcers are not properly managed, the consequences can be devastating—and legally actionable.

Outside Wound Care Specialists

Many nursing homes bring in outside wound care specialists or contractors to treat serious pressure ulcers. While these professionals are not direct employees of the facility, they still have a duty to provide competent care. 

If an external provider fails to properly clean wounds, assess severity, or recommend appropriate interventions, they may be held liable for nursing home negligence or medical malpractice.

Families can pursue legal claims against both the facility and the outside provider if bed sores worsen due to substandard treatment. Liability extends to anyone whose actions—or inaction—contributes to preventable harm.

Third-Party Healthcare Companies in Care Facilities

Some nursing homes and care facilities outsource medical services, such as nursing staff, wound care, or therapy, to third-party healthcare companies. While these contractors aren’t direct employees of the facility, they still have a legal duty to provide care that meets professional standards.

When pressure ulcers occur due to poor treatment, inadequate monitoring, or delayed wound care, these outside providers may share legal responsibility. In many nursing home bedsore cases, both the facility and the contracted company are named in the lawsuit.

If staff from a third-party agency failed to relieve pressure, assess open wounds, or document care properly, they may be held accountable.

An experienced legal team can determine who is liable based on medical records, contracts, and staff roles.

Hospital or Rehab Facility Negligence Before Transfer

In some cases, bed sores begin developing before a resident is even admitted to a nursing home. If a hospital, rehab center, or other medical facility fails to relieve pressure, monitor high-risk patients, or treat early signs of skin damage, they may share liability for the resulting injury.

When a resident arrives at a nursing home with existing pressure ulcers, the originating facility’s negligence could be a contributing factor.

Legal claims can involve multiple parties if the decubitus ulcers worsened due to poor care both before and after transfer. Medical records help determine responsibility.

Medication Mismanagement as a Contributing Factor

Certain medications can increase the risk or severity of pressure sores, especially if not properly monitored. Drugs like steroids can thin the skin and delay wound healing, while blood thinners may lead to bruising and skin breakdown. 

If a healthcare professional prescribes or administers medication without considering a resident’s risk factors for bed sores, they may be partially liable for any complications.

In some cases, poor coordination between doctors, nurses, and pharmacists results in inappropriate prescriptions that worsen underlying tissue damage. When nursing home residents suffer harm due to medication errors that contribute to open wounds, both the prescriber and the facility may be held responsible. 

Reviewing prescription records is often a key part of building a case.

Failure to Address Underlying Medical Conditions

Nursing facility staff must account for underlying medical conditions that increase the risk of pressure ulcers, such as diabetes, vascular disease, or paralysis. These conditions can impair blood flow and delay healing, making routine skin checks and preventive care essential.

When staff fail to adjust care plans accordingly—or ignore complications entirely—they may be liable for the development or worsening of bed sores. Inadequate monitoring or failure to relieve pressure in high-risk patients can quickly lead to open wounds and severe complications. This kind of neglect may point to broader issues of staffing failures and poor clinical oversight.

Signs That Point to Shared Liability

In many nursing home bedsore cases, liability doesn’t fall on just one person or entity. A nurse may fail to reposition a resident, while a doctor overlooks early warning signs or fails to order treatment. At the same time, administrators may not enforce care protocols. 

When pressure ulcers worsen due to a combination of missteps, such as delayed documentation, missed wound assessments, and poor communication, shared liability is likely. 

In these situations, multiple parties may be named in a claim, including the facility, individual staff, and outside providers. Each may be held accountable for contributing to the injury.

How to Prove Liability in a Bed Sore Case

Proving who is liable for bed sores in nursing homes requires strong evidence. Key documents include medical records, care plans, and wound progression charts showing how the sore developed over time. Incident reports, daily repositioning logs, and staff communication notes can reveal whether proper care steps were taken. 

If nursing home staff failed to document changes, delays in treatment, or ignored risk factors, that evidence supports a case for nursing home neglect. Families should also take photos of the wound and request a copy of all care-related records. These tools help build a clear timeline of responsibility.

The Role of Medical Experts in Establishing Fault

In bed sore lawsuits, medical experts play a critical role in determining whether proper standards of care were followed. These professionals review medical records, care plans, and wound documentation to assess whether nursing facility staff, doctors, or outside providers acted appropriately.

Experts can explain whether the facility took reasonable steps to prevent pressure ulcers, properly responded to early signs of breakdown, or failed to treat open wounds. Their testimony helps connect lapses in care to the harm suffered by the resident. Without expert input, it can be harder to prove that a breach of duty directly caused the injury.

Can Families File a Bed Sore Lawsuit on Behalf of a Loved One?

Yes, families can take legal action if a loved one suffers from bed sores due to nursing home negligence. A spouse, adult child, or legal guardian can typically file a lawsuit, especially if they hold power of attorney or act as a court-appointed estate representative.

In wrongful death cases, an executor may pursue compensation for pain, suffering, and related damages. If your loved one is incapacitated or has passed away, you still have legal standing to seek justice. A nursing home abuse lawyer can help ensure all required documents are in place before filing the claim.

Book a Free Consultation with Nursing Home Abuse and Neglect Lawyers! 

If your loved one developed bed sores in a nursing facility, you have the right to seek answers.

At Nursing Home Law Center, our team of experienced nursing home abuse attorneys holds negligent facilities and providers accountable for failing to prevent pressure ulcers. We offer a free consultation to review your case, explain your legal options, and fight for the compensation your family deserves. Our team has recovered millions for victims of nursing home neglect nationwide.

We work on a contingency fee basis, meaning there are no upfront fees — we only get paid if we win your case.

Call us at (800) 926–7565 or fill out our contact form to schedule your free case review.