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.