Many people that have suffered elder abuse or bed sores in Michigan want to know more than just what they can receive in court through a jury award or settlement. They want to know about the form and rules of their lawsuit. Here are crucial things to consider that relate to those concerns in the context of a bed sore or injury case against a nursing facility.
If you have any further questions, reach out to a nursing home abuse lawyer from Nursing Home Law Center LLC today.
The first thing to consider is Michigan’s statute of limitations. They act like a gatekeeper on your case because if you do not bring it within a certain time they will not let you come to court at all. Here is the time limit that Michigan provides for elder abuse and bed sore cases:
3 years according to Mich. Comp. Laws § 600.5805.
“(1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section… (6) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice…. (10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.”
*Note the difference here if you bring an action for negligence (i.e. injury) and an action for malpractice.
Often, the amount and kind of compensation that you obtain through a jury award or settlement amount is determined by the kind of case that you make to the court. That determination relates to the specific facts and circumstances of the incident that triggered the need for a lawsuit. Here are the most common forms of suits involving bed sores and elderly abuse:
Negligence: Michigan negligence lawsuits allege that someone acted below what a reasonable person would have and that caused the plaintiff injury and damages.
Medical Malpractice: Michigan medical malpractice lawsuits are a specific bread of negligence cases. They make the argument that a medical provider did not provide health care in line with what is to be expected in the particular medical community that injured the plaintiff.
Wrongful Death: Michigan wrongful death cases contend that the defendant’s wrongful behavior caused the death of the plaintiff and that the former should pay damages for that fact.
Much like a game, there are certain points that Michigan elder abuse lawyers have to score in order to be successful in any case involving elder abuse, bed sores, and similar injuries. Also, you cannot forget that their success directly translates into the success of their clients vis a vis jury awards and settlement amounts. To understand what they have to show, think about the type of case it is, such as the following:
Negligence CasesMany of the clients we speak to want to know not only how we are going to fight for them but also how their opponent is going to come after them. Here are most common defenses in elder abuse, bed sore, and similar lawsuits:
Pre-Existing Injuries: Defendants will try and point to another condition as being the culprit for your injuries or that your injuries occurred to the defendant’s conduct.
Lack of Misconduct: Defendants regularly argue that they did nothing wrong or they did the best they could.
Amount of Damages: Defendants consistently try to lower or deny completely the amount of damages that plaintiffs seek.
Plaintiff’s Conduct: Defendants repeatedly point the finger at plaintiffs as being responsible for the source of their injuries.
At trial, you need to argue and prove that your injuries (i.e. physical abuse, mental abuse, sexual abuse, bed sores, malnutrition, etc.) led to actual to damages. You cannot bring a case merely because you were offended. Therefore, you need to think about what you actually lost and then claim that in your lawsuit. This is a good indication of the kind and amount of compensation that you receive. Here are some examples:
All the medical bills, prescription bills, rehabilitative bills, and other costs associated with your recovery.
All lost income or wages that you sustained because of the incident.
Any property damage that you incurred because of the incident.
Any decreased quality of life that you can prove (i.e. if you can no longer do things you used to or enjoy things to the extent that you used to before the incident).
Any expenses, lost support, lost companionship or other losses associated with the death of a loved one because of the incident.
As you can see, the range of possible compensation available to you covers economic, non-economic, and wrongful death damages in Michigan. With one of our qualified attorneys, we can go over and explain what recovery might be specifically available to you.
Here is a list of things to take note of or gather for cases related to elder abuse, bed sores, and similar lawsuits:
Any evidence of bills for medical treatment that the incident caused you as well as any incidental expenses.
Any evidence of lost income or wages as well as property damage because of the incident.
A list of all medical providers seen as well as any instructions or notes that they gave you or made that you can gather.
A list of all nursing homes, clinics, hospitals, or other facilities that you stayed at as well as the dates that you stayed at them.
Any evidence of your condition before the incident.
Any evidence of your condition after the incident.
Any evidence of misconduct by the person who caused the incident.
Any evidence of abuse/neglect including bruises, wounds, sores, dehydration, malnutrition, weight fluctuations, medication gaps, etc.
Any evidence of financial manipulation: modifications to estate documents such as wills, transfer of title of assets and bank accounts, disappearance of monies, etc.
For bed sores, evidence of broken skin, pigment discoloration, crater-like abscesses, and even exposed bones/muscles/tendons.
For elder physical abuse, evidence of unexplained injuries, signs of restraint, broken property, inability to visit the victim, etc.
Nursing Home Law Center LLC have worked with many victims of elderly abuse, bed sores, and other similar injuries. In our initial meetings, they often wonder what can be done and how we can help them. What we try and explain to them is that we can take their case from beginning to completion and ensure that they get exactly what they deserve. However, we promise more than that. We can guarantee you the following things:
Experience: We will make sure that only our most qualified and experienced attorneys manage your case through its entirety.
Resources: We will invest all resources necessary to ensure that your compensation is maximized and we will never ask you for a dime until we bring you an acceptable jury award or settlement amount.
Access: At all times throughout the case, we will make attorneys available to you so that your questions are answered and you are informed of what exactly is happening.
No Conflicts: We will promise not to represent nursing homes, hospitals, doctors, medical facilities, insurance companies, or any other related party because we believe in representing their victims and not their friends.
From the get-go, you can put your case in our hands and rest assure that we will work around the clock until you receive the justice and compensation that you deserve. Our office is proud to represent individuals and families in bed sore cases across Michigan including the following major cities: Detroit, Ann Arbor, Grand Rapids, Warren, Lansing, Dearborn, Sterling Heights, Troy and Flint. Contact our office today for a free review of your case.
To report suspected elder abuse, neglect, or exploitation in Michigan:
Contact us today if you have been the victim of elder abuse or bed sores.
Those who suffer from elder abuse and bed sores often do not know where to begin. They look around and wonder where and and how they can recover from the experiences that they have been put through. Naturally, they quickly turn to the legal system in this time of need. When we work these particular clients in Michigan, their first concern is often compensatory. Common questions include “How much can I recover in a Michigan bed sore case?” and “How much are plaintiffs in Michigan elderly abuse cases typically awarded?” This makes sense. The legal system is there to compensate you when you are wronged. Much of this center is designed to show you the process and procedure of these kinds of cases, but now we want to give you some notes and statistics to help gain a sense of what your recovery might look like. This should just serve as a general context, for a more specific analysis of what you could obtain, speak to one of our experiences elder abuse and bed sore attorneys today.
Plaintiffs’ Recovery in Elder Abuse CasesHere is the breakdown of what plaintiffs in Michigan obtained for elder abuse cases:
Here is the breakdown of what plaintiffs in Michigan obtained for nursing home abuse cases:
Here is the breakdown of what plaintiffs in Michigan obtained for bed sore cases:
Compared to the national average, Michigan elder abuse plaintiffs recovered about the same amount of compensation.
Compared to the national average, Michigan nursing home abuse plaintiffs recovered about $15,000 more in compensation.
Compared to the national average, Michigan bed sore plaintiffs recovered about $5,000 more in compensation.
Compared to the national average, Michigan elder abuse plaintiffs recovered nothing 8% less than others.
Compared to the national average, Michigan nursing home plaintiffs recovered nothing 11% less than others.
Compared to the national average, Michigan bed sore plaintiffs recovered nothing 9% less than others.
Compared to the national average, Michigan elder abuse plaintiffs recovered more than $1,000,000 9% less than others.
Compared to the national average, Michigan nursing home plaintiffs recovered more than $1,000,000 14% less than others.
Compared to the national average, Michigan bed sore plaintiffs recovered more than $1,000,000 8% less than others.
NAME: BIRD VS. HENRY
YEAR: 2011
TYPE/INJURY: ABUSE
AWARD: $67.500
The patient in this case was an elderly woman in her eighties. She was transferred back and forth from her nursing home to the hospital on a number of occasions for things such as falls, emergency medical issues, and extended treatment. However, at the hospital, her representatives maintained that the staff negligently cared for and abused her. Particularly, they alleged that nurses and physicians improperly handled her when she refused a catheter and other treatments. This seriously injured her and caused her to fall complicating her other medical issues. She brought suit against her health care providers and the jury awarded her $67,500 for loss of society/companionship, attorney fees, medical bills, and other items.
NAME: KITCHEN VS. FORD
YEAR: 2011
TYPE/INJURY: ABUSE
AWARD: $95,000
The person at the center of this drama was Matilda Kitchen, an 86-year-old woman. The staff at the nursing home where she lived decided that she needed to be transferred to a hospital for advanced screening and care because she was experiencing dizziness and other issues. However, she also had a history of multiple medical complications. After she was transferred to the hospital, the nurses and doctors treating her failed to complete a screening or plan to prevent falls and other events. In fact, she did suffer a fall and other difficulties while under their care. For this abuse, she sued the hospital for medical malpractice and obtained $95,000 via settlement.
NAME: ELLISON VS. ASBAHI
YEAR: 2011
TYPE/INJURY: NEGLECT; DEATH
AWARD: $150,000
The underlying events in this case transpired after the elderly victim was moved to a nursing home following a procedure at a hospital. The 78-year-old woman had undergone treatment for chronic diarrhea and was prescribed certain medications while under the care of the nursing facility. Unfortunately, the staff neglected to adequately monitor the dosage levels of the medication that they gave her or monitor her worsening condition. Eventually, she died from complications related to these failures. Her estate brought an action against the home and through a confidential settlement received $150,000 for expenses, damages, and attorney fees.
NAME: RANDOLPH VS. OAKWOOD
YEAR: 2011
TYPE/INJURY: NEGLECT
AWARD: $11,000
The setting of this controversy was a hospital and the victim was an elderly woman. Upon being admitted to the facility, staff noted that she suffered from joint disease, diabetes, dementia, anemia, and other health issues. Unfortunately, none of these conditions caused her heath care providers to enact a monitoring and anti-fall plan. Maybe due to this oversight, she actually did fall and experienced a general worsening of her other medical issues. For this injury, she brought a lawsuit against the hospital and the doctors that treated her. In a confidential settlement, she received $11,000 for her damages.
NAME: BRAVERMAN VS. OMNI CONTINUING CARE
YEAR: 2013
TYPE/INJURY: DEHYRDATION; DEATH
AWARD: $90,000
The series of events in this case eventually led to the death of the elderly woman involved. She was 70 years old and suffered from serious dehydration as well as sepsis, urinary tract infections, and other medical issues. After her death, the representatives of her estate (that included seven kids and ten grandkids) sued the nursing facility she was living at prior to her passing on the grounds that the home negligently cared for her. The suit specifically contended that they did not provide the decedent with the proper level of care by failing to devote enough time, resources, and staff. The defendant flatly rejected this logic. However, it was in the interests of both parties to settle and move on. The estate received $90,000 in a settlement.
NAME: WILLIAMS VS. PATEL
YEAR: 2003
TYPE/INJURY: DEHYDRATION; DEATH
AWARD: $850,000
This case went from bad to worse when a man died after being sent to an emergency room from a nursing home. He entered the hospital with symptoms related to dehydration, excessive vomiting, and diarrhea. In the litigation that followed his death, the attorney for his estate complained that the medical staff involved did not put enough staff on his care, did not have the requisite experience or knowledge to treat him, and did not do enough research on his case. Therefore, they breached the standard of care that the decedent was owed. While refusing to admit liability, the defendants did agree to settle for $850,000.
NAME: CHARLES VS. NORTHWEST CONTINUING CARE
YEAR: 2009
TYPE/INJURY: FALL
AWARD: $35,000
The person at the center of this accident was an 80-year-old man who had been living at a nursing home for a few years before he fell and broke his hip. Apparently, before the incident, he had been assessed as a high risk for falling and had already fallen at the same facility. His lawyers brought an action in negligence against the defendant nursing home and argued that they were deficient in their supervision, care, and treatment of the plaintiff. Rather than go through a lengthy court proceeding, the defendant enticed the plaintiff to settle for $35,000 and it worked.
NAME: BRINDLEY VS. AMERICAN HOUSE
YEAR: 2004
TYPE/INJURY: FALL
AWARD: $220,0000
An elderly woman passed away after fell over a staircase in the apartment complex within which she lived. Her estate’s lawyers maintained that the owner did not keep the community areas in a safe enough fashion and was, therefore, negligent in his responsibilities as a landlord. The defendant disagreed and said that the accident and subsequent death was due to the negligence and carelessness of the decedent. However, the defendant owner still wanted to settle and offer the woman’s estate $220,000. The plaintiffs accepted.
NAME: HADDAD VS. ZDZINNICKI
YEAR: 2008
TYPE/INJURY: BED SORES
AWARD: $125,000
The victim in this case was Norman Haddad. He entered a medical facility to undergo a procedure to fix his heart valve. During the course of this operation, the medical staff left him alone for a period of time and he attempted to get out of his bed. Unfortunately, he did not do this successfully. He fell and broke his hip, aggravated his bed sores, and sustained an infection. Not long after this accident, he even died from the complications of these injuries. To recover for these damages, his estate brought a lawsuit against the hospital and his treating providers. They argued that the staff negligently cared for the decedent and that the defendant facility negligently hired and supervised its workers. All of the defendants eagerly contested these allegations and denied that they done anything wrong. However, estimating that settlement would cost less than a successful defense at trial, they sought to end the matter and offered the estate a compromise. It received $125,000.
NAME: LOMBARDO VS. LOWELL
YEAR: 1996
TYPE/INJURY: BED SORES
AWARD: $108,600
In this situation, a woman sustained bed sores in her lower back and butt. They had actually progressed to stage II and IV, respectively. The woman claimed that they arose and developed while she was living at a nursing home. Therefore, she brought a lawsuit against the facility for negligence. The suit contained allegations that the defendant home did not provide adequate including that it failed to plan for and prevent bed sores but also that it did provide satisfactory nutrition to her. The defendant denied these contentions but the two sides were still able to hammer out a deal without going to trial for $108,600.
NAME: CRAFT VS. ST. JOHN NORTHEAST COMMUNITY HOSPITAL
YEAR: 2005
TYPE/INJURY: BED SORES
AWARD: $90,000
The events at the center of this controversy followed a patient’s below-the-knee amputation. He was removed to a nursing home for further care and supervision but developed bed sores during his time there. The sores were so severe in fact that he need extensive surgeries and other medical treatment to take care of the complications. He brought a lawsuit against the nursing facility for negligence, claiming that it did not create and enforce a plan to deter bed sores from developing on him. Consequently, he sustained damages that he thought were attributable to the defendant facility’s misconduct. The defendant nursing home denied these assertions and fought the matter up until trial. However, this was an unfortunate decision, because the jury was sympathetic to the plaintiff and awarded him $90,000 in damages for his suffering and expenses.
NAME: TARVER VS. DETROIT MEDICAL CENTER
YEAR: 2008
TYPE/INJURY: BED SORES
AWARD: $100,000
This complicated course of events started when James Tarver, a man in his middle sixties- went to an emergency room because he was experiencing extraordinary pain in his abdomen as well as dizziness and vomiting. Eventually, doctors determined that he needed an appendicitis. Unfortunately, the care that his medical providers gave to him after the surgery was so deficient that he developed bed sores and blood clots. He died shortly after entering post-operative care. His representatives brought an action against the treating doctors and medical facility for malpractice and wrongful death. In a quick and quiet settlement, the estate received $100,000.
NAME: BUCHHEISTER VS. BERTHIAUME
YEAR: 2011
TYPE/INJURY: BED SORES
AWARD: $1,120,000
This dispute started tragically. A boy, John Buchheister, fell out of a tree and became paralyzed below the waist. After the accident, he largely cared for himself; however, in the course of catheterizing himself he developed gastric issues and needed to undergo surgery to fix the matter. The doctors that performed this operation did not do so correctly. They broke his femur and left him with other significant medical complications. One of the complications was that he was basically confined to a stationary position, more so that he was before the operation. As a result, he developed bed sores. He sued the doctors who performed on him and claimed that their negligent care caused his injuries, including bed sores, and that they were responsible for his damages. The defendant refused these charges and replied that they acted within the proper scope of their duty to him. The jury did not see it that way; however, and gave the boy $1,120,000 for the following damages:
NAME: THORNTON VS. OAKWOOD HEALTHCARE
YEAR: 2014
TYPE/INJURY: BED SORES
AWARD: $950,000
This very interesting case had two phases. In the first, the 62-year-old male patient went to the hospital for various symptoms including heart failure and oxygen deprivation. However, doctors also discovered that he had bed sores as well as infections, depression, and other medical issues. Nearly three years later, the man died. His lawyers brought an action against the hospital. They claimed that the hospital’s inadequate treatment, specifically related to the complications from bed sores, caused the decedent’s death and that it should pay damages to his estate. The defendant hospital had a different view and claimed the man’s obesity, smoking, and other pre-existing medical conditions were the real cause of his death. Eventually, both sides decided to seek a private and amicable settlement instead of trial. The plaintiffs received $950,000.
NAME: MASSEY VS. HEARTLAND
YEAR: 2006
TYPE/INJURY: BED SORES
AWARD: $100,000
In this dispute, an 82-year-old woman died merely months after she entered a nursing home for care after she suffered a heart attack. However, as her family and friends later discovered, that was not all that she suffered from. On the contrary, investigation revealed that she had significant bed sores. To recover for these damages, the woman’s estate brought a lawsuit against the facility to make up for he loss and sadness this brought them. Their suit alleged that the defendant facility’s care was sub-standard and responsible for the death of the decedent. However, this theory was never tested at trial because, at the forceful urging of the defendant, both sides settled for $100,000 prior to the commencement of trial.
NAME: ROBERTS VS. WILLIAM BEAUMONT HOSPITAL
YEAR: 2001
TYPE/INJURY: BED SORES
AWARD: $800,000
This case started off on the wrong foot, actually the worst of feet: death. The 81-year-old victim died while at a hospital. Around the time of his passing, he had been experiencing issues related to pneumonia and fainting. However, his representatives later contended that he sat in his bedpan for hours on end without assistance and this led to the development of bed sores. They sued the hospital on his behalf for these events and charged it with negligence for failing to provide the proper care he deserved and ultimately causing his death. After a trial on the merits, the jury returned a verdict in the amount of $800,000 for the decedent’s estate.
All the laws in the world do little to protect your loved one if facilities are are not held accountable for their inferior care. Our attorneys work to ensure that facilities are held accountable to the fullest extent of the law in civil lawsuits on behalf of Michigan nursing home patients and their families. If your loved one has been injured or developed a bed sore at a Michigan facility, we would honor the opportunity to discuss your legal rights and options for recovery. We offer free, no-obligation consultations.
