Meritorious bedsore lawsuits may be worth anywhere from low six figures to several million dollars, depending on the facts of the specific case. Still, nothing is guaranteed. There are many, many factors affecting bedsore case value, including the venue in which the lawsuit is filed, the overall health of the resident, family relationships, available insurance coverage, and how far along an attorney has taken the case. Any specific set of facts may turn an otherwise meritorious case into a loss.
Do not trust any attorney that tells you a case value without a substantial review of the resident’s chart, medical records, witness statements, and the nursing home’s corporate documents.
Again, every case is different. But, the stronger the case, the more likely it is that a nursing home will pay to settle it. One tiny fact may render an otherwise fantastic case into an insurmountable challenge. Still, there are some factors that will likely (but not always) add value to a bedsore lawsuit.
By the same token, many factors can deflate the value of a bedsore case. Just because one of these factors exist does NOT mean there is no case. Again, every single case is different. Still, here are some facts that would tend to reduce the value of a bedsore lawsuit:
A bedsore case’s worth is most often decided by agreement of the resident’s family and the nursing home after a negotiated settlement. This the most common way a case is assigned a value. Essentially, the worth is the amount that the nursing home is willing to pay and that the resident’s family will accept.
If the parties are not able to come to an agreement as to the value of a bedsore case, then the only other ways to resolve the claim are the following:
An experienced nursing home lawyer can typically guesstimate bedsore case value based on a thorough review of all facts. But, at the end of the day, it will always be an educated guess. There is simply not enough nationwide data to provide a more accurate projection. Here’s why:
The verdicts listed below are NOT typical. Verdicts in the millions of dollars generally arise from unique sets of circumstances. Do not believe any lawyer that guarantees you any amount, let alone millions of dollars.
A settlement can only occur when there is agreement between all the parties involved. In other words, no one can be forced into a settlement. A settlement means that that the nursing home will pay a certain amount to the resident’s family, and in exchange, the family will promise not to pursue a claim or terminate any claims already put forward.
As mentioned above, bedsore lawsuit settlements are almost always confidential. As such, it is difficult to accumulate accurate data about bedsore case value.
Often, bedsores are a sign of nursing home neglect. Under Federal and State Law, nursing homes are required to take appropriate steps to prevent bedsore development. Or, if a resident enters the facility with a bedsore, the nursing home must take reasonable steps to heal the wound.
Nursing homes are required to do the following with every resident, whether at risk for bedsores or not. Failure to do any one of these is considered neglect.
Bedsores are caused most often by prolonged pressure on a particular spot on the body. Most often, it occurs over a bony prominence, like the sacrum, heel, shoulder blade, and hip. Essentially, blood flow is cut off to the underlying tissue, which causes a chain reaction of decaying tissue. Ultimately, the body is opened up to infection and death.
The value of a bedsore case is going to depend on the facts of your specific case, including where the lawsuit is to be filed.
All nursing homes accepting federal funds are required by law to assess each resident for bedsores, initiate appropriate preventative actions (like consistent repositioning), and periodically update that assessment. When a nursing home fails to do this and a bedsore occurs, that nursing home has likely breached the standard of care and may be held liable for the harm done. For this particular topic regarding case value, we will assume that the nursing home has breached the standard of care.
There are generally going to be two primary drivers of the value for bedsore cases. The severity of the bedsore and the physical impact that the bedsore has on the life of the resident.
Bedsore severity is measured in stages that range from 1 to 4, with Stage 4 being the most severe. Cases involving Stage 3 or Stage 4 bedsores are quite often more valuable than those involving Stage 1 or Stage 2. Similarly, cases in which there are multiple high stage bed sores will be more valuable than those involving only one bedsore. This is so because of easily quantitative factors like medical bills. More severe wounds take longer to heal and require more medical treatment. Also, pain and suffering is going to be higher with more severe bedsores.
The second factor affecting bedsore case value is the wound’s effect on the resident’s life. A Stage 4 bedsore that results in a limb amputation or death will almost always be higher than where the bedsore heals quickly and the resident gets back to normal.
One of the problems with this component will be linking the bedsore to the ultimate injury like death or severe infection. In other words, eliminating all other causes of the death or amputation. Nursing homes tend to point to co-morbidities and other physical factors to point the blame away from the bedsore.
Even jurisdiction has an affect on case value. Some states, and even some counties with states, tend to be more “plaintiff friendly.” Further, jury awards tend to favor the nursing home resident while arbitration awards tend so skew towards the nursing home.
If your loved one developed a bedsore at a nursing home, and you are not sure about the value of the claim, please feel free to call and speak to one of our Georgia nursing home neglect lawyers today. Our consultations are always free. If you would like more information about this topic, be sure to click on our other videos, or better yet, click the subscribe button to subscribe to our YouTube channel. Thank you.