Long-term care centers have a legal responsibility to keep residents reasonably safe. If the nursing home breaches that duty, a Tampa bedsores attorney could obtain substantial compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Perhaps more importantly, legal actions help victims and their families find the justice they deserve.

Kinds of Nursing Home Negligence

Frequently, understaffing is at the root of bedsore injuries. As many as 90 percent of Tampa Bay nursing homes are dangerously understaffed.

Understaffing is especially a problem during low census periods, like nights. Unfortunately for residents, that’s also the time when residents need the most protection against bedsores.  Instead of every hour, staff might only do rounds every two hours. That lapse gives bedsores plenty of time to develop and grow.

On a related note, turning over a resident in bed in the middle of the night is usually at least a two-person job. One person can probably spot bedsores but not do anything to address them.

Sometimes, however, identifying bedsores is a problem. Nursing home administrators sometimes hire underqualified workers to fill immediate staff needs. For example, a patient care technician might fill a job that rightfully belongs to a certified nurse assistant. Underqualified employees often cannot identify early stage bedsores, especially in the dark.

In terms of legal negligence, these understaffing issues could involve negligent supervision or negligent hiring. Both legal theories involve a lack of care. Kinds of negligent supervision include the failure to send enough staffers on regular rounds or the failure to properly instruct and/or manage these workers. Negligent hiring is knowingly hiring an unqualified person to perform a certain job.

The standard of care, which is rather high in medical malpractice claims, often comes into play as well.

Your Claim for Damages

If there is no question about liability, a simple demand letter could settle many bedsore injury claims. In these situations, insurance companies have a legal duty to engage with the victim and promptly settle the claim.

Usually, however, there is at least some question about liability. Therefore, to pressure the insurance company into a settlement and also to preserve the victim’s legal rights, most lawyers file court paperwork.

Settlement negotiations usually continue throughout this process. If these talks break down, most Hillsborough County judges refer such cases to mediation.

A third-party mediator, who is usually an unaffiliated Tampa personal injury attorney, meets with both sides and helps them find common ground. During mediation, both sides have a duty to negotiate in good faith. Therefore, mediation is about 90 percent successful.

Contact a Dedicated Hillsborough County Lawyer

Injury victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. Virtual, home, and hospital visits are available.

 ^Resource:

 hopkinsmedicine.org/health/conditions-and-diseases/bedsores

Pressure ulcers usually develop on bony parts of the body, such as the ankles or elbows, which remain stationary in bed. So, as long as the person changes positions about once every two hours, bedsores never have a chance to develop. Unfortunately, many residents are too infirm to rotate positions themselves. The nursing home staff must help. But many nursing homes are too short-staffed, especially on nights, weekends, and holidays, to provide this help.

Staffers also have a chance to spot early stage bedsores. If the person changes positions, the pressure ulcer usually disappears on its own. However, many understaffed nursing homes send under qualified individuals, like patient care technicians, on nightly rounds. These professionals can’t always spot early stage bedsores, especially in low-light conditions.

These victims need compensation and justice. As outlined below, a Tampa personal injury attorney can obtain both these things.

Demand Letter

Nursing home owners are financially responsible for bedsore damages. So, to obtain compensation, attorneys usually send demand letters to nursing home owners. These letters give the nursing home a chance to settle the matter before it goes to court.

These early resolutions significantly benefit victims. They get the compensation they need much sooner and without going through the time-consuming judicial process. As for justice, although the settlement usually doesn’t include an admission of legal liability, the admission of moral responsibility is clearly there.

If liability is clear-cut, long-term care facility owners have a duty to settle these claims in a matter of weeks. However, there’s almost always some question about liability, which in this case involves a lack of care as opposed to a simple accident. So, most bedsore claims go to the next level.

Filing Legal Action

This next step usually involves filing legal paperwork in district or county court. This moves pressures the insurance company to settle the claim and also preserves the victim/plaintiff’s legal rights. These claims usually have a very short statute of limitations.

Legal actions in state court usually involve a flurry of activity. Nursing home owners usually file procedural motions which try to convince the judge to throw the claim out of court. Generally, as long as there is any evidence which supports the victim/plaintiff’s claim, judges overrule these motions.

At this point, evidence in a bedsore claim usually includes medical records and the victim’s or family’s testimony. Additional evidence becomes available later, during the discovery period. The judge oversees this process as well.

Mediation

If bedsore injury claims remain unresolved when discovery ends, most Hillsborough County judges send them to mediation.

For this alternative dispute resolution forum, the judge appoints a neutral mediator, who is usually an unaffiliated Tampa personal injury attorney. The mediator reviews the file and schedules a settlement conference. After each side presents opening arguments, the mediator conveys settlement offers and counter-offers between the parties.

If both sides negotiate in good faith, mediation is usually successful. In this context, “good faith” usually means that both sides are willing to make compromises to reach an agreement.

Reach Out to an Energetic Lawyer

Bedsore injury victims are normally entitled to significant compensation. For a free consultation with an experienced Tampa bedsores lawyer, contact Mark H. Wright, PLLC. We routinely handle matters in Hillsborough County and nearby jurisdictions.

Resource:

hopkinsmedicine.org/health/conditions-and-diseases/bedsores