Bedsore Lawyer

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Experienced NYC Bedsore Lawyer

When families can no longer provide the extensive care required for their aging loved ones, nursing homes are often where they look to provide that skilled care. While New York City is home to many fine facilities, even the best of these can be the site of nursing homes and elder neglect. One of the first signs of possible neglect is bedsores. 

If your loved one has suffered bedsores or other neglect at one of our New York City nursing homes or care facilities, medical lawyer Samantha Kucher and the skilled NYC nursing home attorneys at Kucher Law can help you hold negligent parties accountable. To schedule a free consultation, call us today at (929) 274-8000.

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Bedsores Are a Form Of Neglect

According to the Agency for Healthcare Research and Quality, more than 2.5 million patients develop bedsores on an annual basis. But bedsores are typically a sign of neglect and can be completely prevented with the proper care. 

While the term bedsore may sound minor, a bedsore, otherwise known as a pressure ulcer, can be potentially life-threatening. Elderly patients are particularly prone to bedsores due to age-related health and nutrition issues, medical issues, deteriorating skin, and a lack of mobility. 

How Common is Elder Neglect?

Elder neglect is a type of abuse committed against elderly adults in institutional and assisted living settings. It is defined as a refusal or failure to fulfill obligations and basic needs to an elderly patient and can lead to harm, injury, and even the death of a resident or patient. Neglect can take many forms, including lack of adequate food, shelter, clothing, personal hygiene, medication, comfort, safety, or other necessary care. 

Unfortunately, in institutional care, neglect is far too common.

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Bedsores Are “Never Events”

While bedsores are completely avoidable in a nursing home setting, they happen with far too much frequency. 

The Centers for Medicare and Medicaid Services have called bedsores that take place in a nursing home facility “never events.” The facility is required to contact the family of the patient within an hour of discovery. Under Medicare guidelines, a facility will not be reimbursed for additional care to treat bedsores that occur in their facility. Federal and state governments can be brought in to investigate, sometimes resulting in penalties and citations against the facility. 

Because of this, nursing homes and other care facilities sometimes delay contacting the patient’s family, exposing the elderly adult to even more suffering. When bedsores have been caused by the negligence of a care facility, the family may be able to hold that facility liable through a civil lawsuit. At Kucher Law, nursing home lawyer Samantha Kucher and our experienced team of NYC medical abuse attorneys can help. To schedule a free consultation, call us at (929) 274-8000.

What Are Bedsores?

A bedsore, also called a pressure sore or decubitus ulcer, is an ulcer that forms on a patient’s skin when they are immobile, bedridden, or otherwise unable to move or feel pain. 

When an immobile person is not positioned correctly, turned, or provided adequate care and attention, bedsores can develop.

What Causes Bedsores?

A bedsore is caused by blood supply being cut off to an area of the body, causing the skin in that area to die. If left untreated, the skin can break open, and the ulcer can become infected. 

Three primary factors contribute to the formation of bedsores:

Bedsores can cause patients extensive pain and needless suffering, often going beyond the surface level. An untreated bedsore can become very deep, extending into the muscle tissue and bone, and can result in serious infections such as localized infection, cellulitis, osteomyelitis, and even sepsis. 

Bedsores and their resulting infections take a great deal of time to heal, often taking months and even years to heal. In some serious cases, they can even result in death. If your loved one experienced nursing home negligence, an experienced medical abuse attorney may be able to help you navigate the complexities of the justice system. Samantha Kucher, a nursing home lawyer, and her team of NYC medical negligence attorneys at Kucher Law Group, have the experience to help you. To schedule a no-cost consultation, call us today at (929) 274-8000.

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Common Areas of the Body Affected By Bedsores

Pressure points on the body that are often subject to bedsores can include:

Nursing home residents who lack mobility should be inspected regularly for bedsores, even if they are moved regularly. 

Treating a bedsore can result in extensive medical costs. If you or a loved one has suffered a bedsore in a long-term care or nursing home facility, you may have a right to seek compensation from them for your injuries. 

At Kucher Law, founding attorney Samantha Kucher and our New York medical negligence lawyers are dedicated to the rights of victims of neglect in a care facility. If your loved one in a nursing home experienced having a bedsore, contact our office today at (929) 274-8000 to schedule a free consultation to understand your rights under the law.

What Are the Signs and Symptoms of Bedsores?

A bedsore is often initially characterized by swelling and changes in color, texture, or temperature of the skin. It can begin as a tender area and go on to become a larger and more dangerous wound.

Bedsores are diagnosed by the degrees of tissue damage and are divided into four stages, from least to most serious:

If you have been advised that your loved one has been diagnosed with a bedsore, it is critical to get immediate help from an NYC bedsore lawyer to get the support you deserve. Contact medical abuse lawyer Samantha Kucher and our team of NYC nursing negligence attorneys at Kucher Law to understand your legal rights and options. Call us today at (929) 274-8000 to schedule a free consultation.

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Who is at Most Risk For Bedsores?

For those facilities that care for elderly populations, risk assessment for pressure ulcers and bedsores are essential for proactive treatment. Many factors make a patient more at risk for developing bedsores in an institutional setting.

Caregiving facilities must develop treatment plans to prevent bedsores and be able to recognize risks and assess and treat patients proactively.

Are Bedsores Always a Sign of Neglect?

Neglect is the failure to meet a legal standard of care to maintain a patient’s health and wellbeing. When a patient isn’t receiving that care, bedsores can be one of the first signs of neglect in a facility. Unfortunately, the administration, doctors, or other employees understand their liability and often fail to notify a family or try to pass the responsibility on to another party. 

When elderly adults are neglected, the nursing facility or abuser can be held accountable. Any neglect or abuse can be reported to the New York State Department of Health, Nursing Homes and ICF/IID Surveillance. At Kucher Law, founding attorney Samantha Kucher and our experienced New York medical abuse lawyers are here to help you hold the negligent parties accountable. Call us at (929) 274-8000 to schedule a free consultation.

What Common Factors Lead to Neglect in Nursing Homes and Other Caregiving Institutions?

Unfortunately, neglect is often the result of inadequate staffing and oversight. Many employees in these settings are overworked, stressed, and not properly trained to provide the quality of care necessary to keep residents healthy and free from harm. In other cases, facilities are negligent in conducting the proper background and employment reference checks when hiring employees. 

Most neglect in these facilities are due to:

Keeping Watchful for Bedsores and Other Forms of Neglect

Residents of nursing homes and other care facilities may be afraid to say anything or be unable to recognize the signs of a bedsore and appreciate their danger. Those who complain about neglect are often dismissed because of their advanced age or their mental impairment. 

It is critical for family members to remain watchful for signs of neglect when they have a loved one in a nursing home or assisted living facility. These elderly loved ones deserve respect, dignity, and a supportive environment ensuring their health and wellbeing. 

When a facility is in breach of its duty to provide this, it may be held accountable for any damages that result. Bedsore injuries can lead to lawsuits involving hospital and nursing home negligence, medical malpractice, and in the case of a fatality, wrongful death. If your loved one has been neglected in an assisted living or nursing home environment, the experienced New York medical abuse attorneys at Kucher Law can help you get the justice they deserve. To schedule a free consultation, call us today at (929) 274-8000.

Holding Negligent Parties Legally Accountable

Staff and doctors are legally responsible for the prevention of bedsores. A contract signed between a patient and facility is a legally binding document, with failure to care for a patient under its terms possibly resulting in criminal or civil penalties. 

Bedsores are specifically addressed under both federal and state laws, including 42 CFR § 483.25 (b)(1) and 10 NYCRR § 415.12(c). These laws require that facilities must have measures and protocols in place for the quality treatment of residents and patients to prevent the development of bedsores and other neglect. A facility must provide the treatment necessary to deal with existing pressure ulcers and prevent new ones from developing. 

At Kucher Law, our skilled team of New York City bedsore lawyers can help you hold a negligent party accountable for the neglect of your loved one. We conduct a thorough investigation to determine what led to the negligence and hold all parties responsible, including:

Getting the Legal Assistance of an Experienced Bedsore Attorney in New York City

If you or your loved one has suffered damages due to a bedsore in a nursing home or hospital in New York City, the experienced NYC bedsore attorneys at Kucher Law can help hold the negligent party accountable. Contact us online or call us at (929) 274-8000 to schedule a no-cost consultation.

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