South Carolina Nursing Home Bed Sore Case Valuation

Bed sores might seem mundane and harmless-a casual annoyance. However, if you get bed sores, they can fundamentally and fatally affect your health. In the context of nursing homes, we see a lot of bed sores emerge and expand on residents because so many of them are bedridden or constantly in wheelchairs.

They come about from extended pressure or friction across the skin. Yet, as they develop, they eat into the underlying bones and surrounding tissue. If unchecked, they can become infected and take the life of victims.

The next section analyzes South Carolina cases with bed sores and nursing home residents. If your loved one has developed bed sores while living in a S.C. nursing home, contact our office. We can make sure that you get the recovery that you deserve!

$280,000 SETTLEMENT:

Aiken County, South Carolina nursing home bed sore case.

This case began because a woman died while living in an Aiken County nursing home. At the time of her death, it was discovered that she had been battling bed sores which developed to a serious stage. Also, she showed signs of malnutrition, dehydration, and general neglect.

The lawyers for the woman’s estate claimed that the defendant nursing home was negligent and responsible for her death, suffering, and expenses as well as the damages that this created for her surviving family members.

The defendant denied all of these things and offered that the woman passed away due to natural causes despite its best efforts. Both sides seemed to be at an impasse but they found agreement and settled the matter for $280,000 prior to trial.

Here is why they probably settled:

  • The woman was clearly a victim of negligence because she had been turned over and her bed sores developed while living there.
  • However, she was also a very old woman suffering from a number of things that the facility was not to blame for that could have complicated the issue of how responsible it exactly was.

$240,000 SETTLEMENT:

Charleston County, South Carolina nursing home bed sore case.

A man died in this incident from the misconduct of the nursing home management and staff at least according to the deceased man’s lawyers. They found that he had advanced stage bed sores and symptoms of abuse and neglect at the time of his passing.

They sued his nursing home for wrongful death and sought compensation for his pain, costs, and familial burden.

The defendant facility replied that it complied with all South Carolina laws and regulations. It added that the man’s death had nothing to do with its care and that he died from unrelated causes. Though the two parties went back and forth for awhile, they eventually settle for $240,000.

The plaintiffs probably got that amount for a few reasons, including these:

  • The man had a son who was left with a significant amount of expenses because of the incident.
  • The progression of bed sores across the man’s body was evidence of a certain amount of negligence on the defendant’s part.

$500,000 SETTLEMENT:

Charleston County, South Carolina nursing home bed sore case.

This recent South Carolina lawsuit was brought by a middle-aged man after his mother died while in the care of a nursing home. Her death was due to a number of factors but, most prominently, because of the rise and spread of bed sores across her body.

They developed so badly that they even became infected and the infection spread to fatal levels. His lawsuit was for negligence and wrongful death.

He alleged various points including the following: there should have been an inspection for bed sores; there should have been a plan to prevent and treat bed sores; there should have been better supervision; and there should have been better care.

The defendant replied that the circumstances of her death were beyond its control.

Yet, settlement was not long after this statement and the son received $500,000 in compensation maybe for the following reasons:

  • The son had to spend over $10,000 in burial, funeral, and other costs.
  • Medical companies had already filed over $30,000 in liens for the care that they gave the woman due to the injuries from these events.
  • The lawsuit also made a substantial showing of damages for the woman’s pain and suffering prior to her death as well as the son’s losses going forward from it.

$30,000 SETTLEMENT:

Charleston County, South Carolina nursing home bed sore case.

A woman in this case sued her nursing home after she developed bed sores while living there. She sought damages for the pain they caused, costs they imposed, and change they made in her life.

However, the defendant came back swiftly with a strong defense. It said that the only reason that she got bed sores in the first place was that some other party mistreated her.

It is not clear from court documents who that party may have been but it was a forceful enough reply that the plaintiff was encouraged to settle early. She received $30,000.

Think about this when looking at the value of this case:

  • She did not contract that many bed sores and they had not spread or developed significantly before trial.
  • Her medical expenses to correct the matter were only a few thousand dollars.
  • It was clear how they would substantially impact her life going forward from the events of this lawsuit.

$310,000 VERDICT:

Charleston County, South Carolina nursing home bed sore case.

This incident got so bad that the nursing home resident involved ended up needing an amputation. He was checked into the facility after spending some time nearby at a hospital.

Once he got there, his condition worsened extraordinarily: first, he developed bed sores; second, to treat the bed sores, he needed to get an amputation below the knee; third, he actually died. Lawyers for the man’s family sued the nursing home.

Early on into the lawsuit, it was determined that the death was not related to these events but the plaintiffs still sought compensation for the pain and suffering he experienced prior to passing away as well as the enormous costs this imposed upon him and his family (like the expensive amputation procedures).

The defendant refused all of these claims so the matter went to trial in Charleston, South Carolina. The issue before the court was whether the defendant facility was responsible for these injuries and if so by how much. The jury found that it was and to the tune of $310,000.

Here is how they might have arrived at that number.

  • The plaintiff’s lawyers were quite good at showing the explicit financial toll that the bed sores and subsequent amputation took on him (for instance, by showing the receipts of the surgery, follow-up, and medication, etc.)
  • However, the plaintiff’s lawyers could not make an argument of long-term pain and suffering, disability, or reduced quality of life because he died shortly before trial began from unrelated causes.
  • Yet, they still recovered a sizeable amount because the nursing home was clearly in the wrong by allowing the bed sores to arise and spread.

$200,000 SETTLEMENT:

Charleston County, South Carolina nursing home bed sore case.

This case was rather unique than many other South Carolina nursing home cases because at the outset it was known that the victim had bed sores.

In fact, as he was admitted to the nursing facility he was also simultaneously receiving treatments at a local hospital for the matter. However, the nursing home still had obligations to render care to him for this condition and generally.

However, according to the complaint filed in court, that is not what he received. Apparently, the nursing home failed to turn him over regularly, failed to monitor the bed sores he already had to prevent them from getting infected, and failed to stop the rise of other bed sores.

The complaint continued by making the claim that this led to his death and, consequently, sought compensation for wrongful death and other damages. The defendant nursing home responded to these points in its response.

In that document, it set out how it gave the standard of care that the resident deserved and that it could not be held responsible for his death as a matter of law.

However, despite these differences, both sides did agree on a number to settle so that they could end the matter: $200,000.

Here is why the victim’s estate got a rather low number for a wrongful death bed sore case:

  • The plaintiff could not allege that the defendant was responsible for the bed sores-only that it was responsible for their spread and/or worsening.
  • The man was already in very poor health from other pre-existing conditions and would have a hard time showing by exactly how much the defendant’s mistakes caused his death.
  • However, it was obvious that the defendant had error in some capacity by failing to turn him over and continually check his bed sores.

SOUTH CAROLINA NURSING HOME BED SORE CASE TAKEAWAYS

South Carolina nursing home lawsuits involving bed sores are medically and legally complex. If you’ve never experienced them or known anyone that’s gone through them, it can feel impossible to predict if you’ll be successful in court. Here are some lessons from these cases that are important to remember:

  1. On almost every occasion, a nursing home has an affirmative obligation to screen new residents for bed sores, create a plan to prevent from developing or continue developing if they already have emerged, and follow through on that plan with constant care and supervision.
  2. Consequently, nursing homes will typically always have to take responsibility if residents develop bed sores while living at that facility or if their bed sores worsen while they are there.
  3. It’s important to research if the particular nursing home has had this problem in the past because it might evidence a lack of proper policies and procedures that will help show that it legally caused your sores and other injuries.
  4. If the bed sores become infected and even take the life of someone you know and love, then you can bring a wrongful death claim in addition to a negligence claim and this can open whole new dimensions to your recovery in court.

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

Bed sores are complicated cases because the injuries themselves and the ways they emerge are so complex. We specialize in helping those affected by them because we know the large impact they make on the lives of their victims.

Also, most of the time, bed sore victims are already disadvantaged in the first place. If you have developed bed sores while living in a nursing home, contact us. We can help you determine if you might be entitled to relief under South Carolina law and then help you get it if you are!

For information on laws and regulations applicable to South Carolina nursing homes, look here.

For information on nursing homes in some specific localities and local attorneys see pages below.

To learn more about how other types of nursing home cases are valued, please refer to the materials below:

SOUTH CAROLINA NURSING HOME FALL SETTLEMENTS AND VERDICTS
SOUTH CAROLINA NURSING HOME BED SORE SETTLEMENTS AND VERDICTS
SOUTH CAROLINA NURSING HOME INADEQUATE CARE SETTLEMENTS AND VERDICTS
SOUTH CAROLINA NURSING HOME ABUSE SETTLEMENTS AND VERDICTS
SOUTH CAROLINA NURSING HOME MEDICAL ERROR SETTLEMENTS AND VERDICTS

Client Reviews

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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