Bedsores, also known as pressure ulcers or pressure sores, are a type of tissue and skin injury that occurs when prolonged pressure cuts off the blood supply to a certain area of the body. Bedsores are common among elderly, bedridden, or disabled patients who are unable to change their position frequently. They can cause pain, scarring, infection, and even death if left untreated.
Bedsores are often considered a sign of abuse or negligence in hospitals, nursing homes, or other long-term care facilities. If you or a loved one has sustained bedsores due to the misconduct or negligence of a caregiver, then you can seek compensation through a bedsore case.
This article discusses the types of compensation a victim can pursue in a bedsore case.
Table of Contents
Economic damages are the monetary losses that result from a bedsore. These include:
- Medical expenses: This covers the expenses of treating the bedsores and any related complications, such as medications, surgery, hospitalization, wound care, etc.
- Future medical expenses: This covers the expenses of future medical care that may be required due to the bedsores, such as home healthcare, skin grafts, etc.
- Lost income: This covers the reduced earning capacity or loss of income that results from the bedsores.
- Future lost income: This covers the loss of future income or earning capacity that may result from the bedsores, such as disability, reduced work hours, etc.
Non-economic damages are the non-monetary losses that result from bedsores. They include:
- Pain and suffering: This covers the physical pain and distress that are caused as a result of the bedsores and their treatment
- Emotional distress: This covers the psychological trauma caused as a result of the bedsores and their impact on the victim’s life
- Loss of consortium: This covers the loss of companionship, affection, intimacy, and support from a spouse or partner who lost their life due to bedsores
Punitive damages are not meant to compensate the victim for their losses but rather to punish the defendant for their wrongdoing and prevent it from repeating. They are awarded only where the at-fault party acted with oppression, fraud, malice, or gross negligence.
For example, a nursing home may offer the care that is expected of them. Their failure to look after an individual even after repeated alerts counts as grounds for awarding punitive damages.
How Can a Victim Claim Compensation in a Bedsore Case?
If a victim sustains bedsores due to the negligence of a healthcare facility or medical professional, then they can seek compensation through a bedsore case. The victim will need to prove that.
- The healthcare facility or medical professional owed a duty of care to prevent bedsores from occurring.
- The healthcare facility or medical professional breached that duty by acting negligently, leading to the formation of bedsores.
- The medical professional’s or healthcare facility’s breach caused the bedsores.
- You sustained actual damage as a result of your bedsores.
To prove these elements, the victim will need strong evidence and expert testimony. That’s why it is necessary to consult an experienced medical malpractice attorney. They have good knowledge of medical malpractice laws. They will help the victim get justice and fair compensation.
It is necessary to make a bedsore claim against a negligent medical professional or healthcare facility. The compensation can make a great difference to both the bedsore victim and their family.
Making a claim is a challenging task that requires legal expertise. So, it is always better to get legal help from a medical malpractice attorney. They know how to prove your case and will provide the necessary assistance in calculating compensation as well.