What are Some Common Defenses Used by Nursing Homes and Hospitals in Lawsuits Involving Pressure Sores?

By Nursing Home Law Center

While most pressure sore cases may appear to be the result of negligence and complete disregard for the medical needs of a patient — and any resulting claim would want to speedily resolved by the facility. The fact remains that many cases involving the development of a pressure sore (similarly referred to as: bed sore, pressure ulcer, or decubitus ulcer) require extensive litigation and trial work.

The reality is that most cases do get resolved prior to trial, it is usually after the lawyers defending the medical facility make an effort to at the very least explore possible defenses to the negligence claims made on behalf of the injured person or family. Most defenses attempt to shift the responsibility for developing the pressure sore on the part of the injured person.

Common Defenses to Pressure Sore Cases Include

• Obesity
• Unavoidability - particularly in the weak or old
• Noncompliance with medical advice
• The pressure sore developed at a prior facility to admission
• Diabetes or other medical complications

The Role of an Attorney to Anticipate Defenses

Despite the commonly asserted pressure sore defenses, an attorney who frequently litigates these claims can discredit these assertions and get to the heart of the issue – that the facilities negligence is responsible for the development of the patients pressure sores.

Related

• If a lawsuit or claim is filed against a facility where a person developed bed sores, what type of damages is the person entitled to? Bed Sore FAQ
• What are nursing homes required to do to prevent bed sores? Bed Sore FAQ
• Is it true that bed sores are unpreventable?