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Florida Nursing Home Bed Sore Case Valuation

Bed Sores in Florida Nursing HomesPeople often confuse bed sores with blisters. The latter are a common part of life, irritable but manageable. On the other hand, bed sores are a serious medical condition. They require specialized and immediate medical care in order to preserve the affected part of the body and prevent a larger threat to the person’s life as a whole.

Typically, residents develop bed sores (also called pressure sores or decubitus ulcers) when they sit too long in their bed without being moved or when a material is rubbed over their body forcefully and constantly.

Lots of Florida nursing home residents experience bed sores every year. The next few sections summarize some Florida nursing home lawsuits that deal with sores. They should show you how plaintiffs like you were able to recover in a court of law after developing this problem. Call our offices and speak with someone from Nursing Home Law News if you or your loved one has bed sores.

$130,000 NURSING HOME SETTLEMENT:

Florida nursing home bed sore case.

This incident should have been predicted from the onset because the woman involved was transferred to the facility where the events occurred with a history of sores. She was admitted with specific care instructions from her physicians regarding the maintenance of her pressure sore sites as well as steps to take to prevent further areas from developing the same problem.

As you can imagine, things did not go smoothly. Her previous sores got worse and she developed sores in other areas of her body as well. She sued the medical providers that were assigned to her care as well as the nursing home where the affair took place. She alleged that they were all negligent and a contributing factor in her injuries. Her damages were not minor either.

The lawsuit painted a portrait of sizeable pain and expenses. She had significant immediate medical bills and large prospective costs to treat the bed sore sites. Plus, her complaint argued that she should also be compensated for the pain that had caused and they will cause in the future.

The defendant nursing home constructively replied that many of her problems existed before her time there or were the result of her physicians’ misconduct. To these points, the plaintiff suggested that the entire destabilizing of her condition-including physician misconduct- was not possible without negligence of the home itself.

This line of reasoning had a lot of weight because the home was in general charge of her care and supervision and controlled provider access to her. This thrust landed a barrage into the side of the nursing home that it could not avoid and it decided to settle rather than try the matter in court.

The plaintiff was then left to seek recovery from the medical providers.

$295,000 NURSING HOME SETTLEMENT:

Florida nursing home bed sore case.

A woman brought this Florida cause of action on the advice of counsel after she developed a bed sore (also referred to throughout the nursing home lawsuit as a decubitus ulcer or pressure sore) underneath her upper right leg, immediately adjacent to her knee.

The sore was stage four, infected, and required an amputation in order to confine the problem to that part of her body. Of course, the defendant nursing home thought that it was not its fault. It argued that her medical providers administered inadequate treatment prior to her admittance to the facility.

Plus, they thought due consideration should be given to the fact that she was paralyzed and lacked basic mobility. This made treatment of her and prevention of pressure sores extremely difficult in its opinion.

The plaintiff conceded this logic but still offered into evidence alternative and relevant points including the fact that it failed to follow through on its own care plan. In the face of these critiques, the nursing home preferred to settle below the woman’s demand than test the issue in court.

She recovered $295,000 in this Florida nursing home settlement.

$66,000 NURSING HOME SETTLEMENT:

Florida nursing home bed sore case.

This lawsuit was filed in Florida court by a man in his seventies. He had been living at the nursing home where the sores emerged for several years without incident. However, his exposure to this particular issue developed substantially after he suffered an accident that left him immobile for a long period of time.

He was placed in traction and not able to reposition himself or move about the premises. Normally, in these circumstances, residents are put on high alert status for particular kinds of issues including bed sores but also other such as falls or malnutrition.

Here, it appears that once his condition changed materially, nursing home management and staff did take appropriate steps to guard against these issues. Yet, despite their best efforts, he did develop bed sores.

They arose under the heel of one of his feet. Reports are not specific about which foot it was. However, the sores did not get very far. They only progressed to stage two before they were spotted, treated, and eradicated.

When this case was eventually brought, the main focus of the plaintiff was to recover reimbursement for a number of the expenses that arose because of this development including medical bills. It had a lot less to do with intangible or long-term damages.

Because that was the case, settlement was really the only worthwhile option for both parties. The man recovered a little under one hundred thousand dollars.

That Florida nursing home settlement figure put him far below the average for this kind of suit.

$675,000 NURSING HOME SETTLEMENT:

Florida nursing home bed sore case.

This matter was brought against multiple defendants. It was a complicated case because the resident involved was passed back and forth between different facilities. He was in and out of the local hospital as well as the nursing home where he was primarily residing.

The reason for this complex setup was that he needed treatment for a number of advanced issues including diabetes and heart complications. The weight of these conditions left him unable to walk around by himself and confined to either a wheelchair or bed for nearly all of the day.

At some point during his time at these facilities, he developed bed sores and they worsened very quickly. They got all the way to stage four and became infected threatening the surrounding muscles as well as his health generally. Physicians had to perform specific treatments to alleviate the hardships that they were causing him but they were not successful. He had a heart attack and died approximately one month later.

In documents filed in court, lawyers for estate contended that this development directly led to his passing and that it was from the combined failures of his caregivers and medical providers namely the Florida nursing home, hospital, and treating doctors.

All parties demurred on these contentions in their replies but eventually they could not deny that they were at least negligent in some capacity. This was evidenced by their settlements.

Here is what the plaintiffs recovered in that regard:

  • $500,000 from the hospital and medical professionals; and
  • $175,000 from the nursing home.

$380,000 NURSING HOME SETTLEMENT:

Florida nursing home bed sore case.

A patient chose to bring this suit after his bed sores got so out of hand that he had to have his leg removed below the knee. The site had become so infected that his entire health and life were at risk. Doctors said he really had no choice.

Prior to the events which gave rise to the sores and amputation, he was a relatively active man in his early seventies. However, on one particular occasion, he fell and injured his leg and hip. This accident necessitated a hip replacement surgery and then an extended period of rehabilitation.

Yet, he mostly immobile for the immediate period following the operation. This is what opened the door for the bed sores to arise and grab ahold in the first place.

Once they did, the nursing home staff were on the defensive and the best that they could do was cosmetic cleanup. It was just a matter of time before the situation got to the serious state described above and entire course of events took approximately six months.

When he subsequently sued the nursing home for damages, the short timespan was one of his main arguments for negligence. He also noted a breakdown in controls, procedures, and norms. The defendant cried foul and argued that it was put between a rock and a hard place with his prior accident.

Yet, nowhere in its reply, discovery, or motion arguments did it affirmatively shoot down plaintiff’s contention that it failed to perform certain conventions to prevent him from getting bed sores.

To this point, it was rather vague and that is most likely the reason why this Florida nursing home lawsuit settled but here are some other likely motivations as well:

  • The trial had already run over the average time limit and was costing lots of money to defend;
  • A successful jury award could double or triple the settlement amount; and
  • The victim was blameless and not a candidate for contributory negligence arguments.

$210,000 NURSING HOME SETTLEMENT:

Florida nursing home bed sore case. This was a very complicated case from the beginning because of the resident’s peculiar medical condition. He was obese, immobile, and suffering from general heart and lung difficulty.

Obviously, this meant that he did not lead a very active life and that put him squarely at risk for bed sores but also a number of other common nursing home problems like falls and dehydration. Nursing home management devised a plan of care to take into account this special condition.

They employed a number of devices and procedures to protect his health and ensure that he could live a quality life. Yet, they were not effective in every respect because he actually developed bed sores. They were located under his right arm not far removed from his armpit. They were very serious.

Almost immediately, specialized physicians were brought in to look at the situations and figure out what to do next. They prepared a course of treatment that sought to sterilize and contain the problem to that confined area. They needed to perform surgery to remove affected portions of his skin and underlying tissue that were damaged from the sores.

All in all, he had to undergo substantial amounts of treatment at great cost and pain. To recoup for these things, he sued the nursing home for negligence (he was transferred to a different facility after this course of events).

His argument was that despite its best efforts, he still developed bed sores through no fault of his own and that its general neglect allowed them to form. Both sides settled out of court for a little more than two hundred thousand dollars.

This was almost three times his expenses. While this Florida nursing home settlement did slip below the median for recovery in the state, there were some mitigating factors that helped the defendant nursing home:

  • There was no amputation, significant scarring, or long-term pain generated from the incident;
  • His expenses were confined to the immediate treatment; and
  • His prior health problems significantly contributed to the birth of his bed sores.

$55,000 NURSING HOME SETTLEMENT:

Florida nursing home bed sore case.

This incident of bed sores in a Florida nursing home was not the first time that the resident experienced such problems. She had actually been transferred to the facility in question after being treated for the condition at another home.

Therefore, when she arrived at the last facility, staff were on high alert for the issue. While they took every precaution necessary, some of her sores ended up getting worse. The eventual lawsuit that she filed mostly targeted the original home. As against the last facility where she stayed, she argued that it only made matters worse.

However, their final settlement was a recognition that it took appropriate action under less than desirable circumstances. The money that it got from this defendant was pretty much just a reimbursement on some of her expenses that she incurred while living there. The real compensation came from the other facility that allowed her sores to get so out of hand in the first place.

FLORIDA NURSING HOME BED SORE CASE TAKEAWAYS

It is not hard to lose focus on the key components of bed sore cases in Florida. Here are a few tips to sharpen your lens on this field of nursing home lawsuits:

  • Did the resident develop or worsen bed sores while staying there? This is normally attributed to nursing home error.
  • Did the nursing home review the resident for bed sores upon entry? The facility can be put on the hook for a lot of the damage if it did not.
  • Did the nursing home follow the doctor’s instructions or communicate regularly with the resident’s physicians? The nursing home can be liable for negligence if it did not do either one of these things.
  • Have other residents developed bed sores at this location? This can be used to establish a pattern of misconduct and negligence.

DID YOUR LOVED ONE GET BED SORES IN A FLORIDA NURSING HOME?

If you or a loved one contracted a bed sore at a Florida nursing home, then give us a call today. Attorneys at Nursing Home Law News have the experience and resources to take your injuries and turn them into a successful claim at no upfront cost to you!

A lot of the issues in these lawsuits though are time-sensitive so it is important that you contact us promptly. Don’t wait to get on the road to recovery. Call our offices and speak to one of our experienced professionals.

If you would like to learn more about nursing home cases in Florida, please read the following pages:

FLORIDA NURSING HOME ABUSE CASES
FLORIDA NURSING HOME FALL CASES

If you are looking for information on the laws and regulations that apply to Florida nursing homes, look here.

For information on nursing homes in specific cities and attorneys who have experience prosecuting cases please refer to the pages below.

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