Bed sores represent one of the most preventable yet devastating injuries that occur in nursing homes. When a fragile resident develops pressure ulcers due to negligent care, families have the right to pursue legal action. Odom Law Firm helps families in Fayetteville, Arkansas, and across the nation understand their legal options and recover compensation for these serious injuries. If you believe your loved one suffered from nursing home negligence, our nursing home abuse attorneys can evaluate your case and fight for the compensation you deserve.
What Are Bed Sores and Why Do They Develop in Nursing Homes?
Bed sores, medically known as pressure ulcers or decubitus ulcers, form when sustained pressure on the skin restricts blood flow to tissues. Nursing home residents face elevated risk because many have limited mobility, poor circulation, or conditions that affect skin integrity. Residents who cannot reposition themselves independently depend entirely on nursing staff to prevent these injuries through regular turning, repositioning, and skin care.
According to the Centers for Medicare & Medicaid Services (CMS), nursing homes must maintain comprehensive pressure ulcer prevention and management protocols under Federal Standard CMS F686 (42 CFR §483.25(c)). This federal requirement establishes that facilities must assess residents for pressure ulcer risk and implement evidence-based prevention strategies. When facilities fail to meet these standards, they may be liable for nursing home abuse and neglect.
The Four Stages of Pressure Ulcers
Pressure ulcers progress through four distinct stages. Stage 1 involves redness that does not blanch when pressed. Secondly, Stage 2 shows partial-thickness skin loss with blistering or shallow open areas. Thirdly, Stage 3 involves full-thickness skin loss extending into underlying tissue. Finally, Stage 4 represents the most severe stage, with full-thickness skin loss and damage to muscle, bone, or supporting structures.
The critical point: stages 3 and 4 bedsores are almost entirely preventable with proper nursing care, making them strong indicators of negligence. The European Pressure Ulcer Advisory Panel (EPUAP) and the American Academy of Family Physicians (AAFP) both recognize that proper repositioning, nutrition, and skin assessment protocols can prevent the vast majority of stage 3 and 4 pressure ulcers in nursing home settings. These preventable injuries often result in catastrophic injuries requiring extensive medical treatment.
Understanding Nursing Home Negligence and Bed Sore Liability
Arkansas nursing homes have a legal duty to provide adequate care to residents, including preventing pressure ulcers through evidence-based protocols. Negligence occurs when a facility breaches this duty, causing harm. Courts recognize four essential elements in nursing home bed sore cases: the facility owed a duty of care, the facility breached that duty, the breach directly caused the bedsores, and the resident suffered damages.
Common breaches include failure to reposition residents regularly, inadequate skin assessments, insufficient nutrition and hydration, and failure to use pressure-relieving devices like specialized mattresses or cushions. When nursing homes ignore established care standards, they create conditions where preventable bedsores develop. The distinction matters: inevitable bedsores in end-of-life care differ significantly from bedsores resulting from nursing home neglect and inattention. These cases require thorough documentation of facility failures and breach of duty standards.
What Damages Can You Recover in a Bed Sore Lawsuit?
Families can recover multiple categories of damages in successful bed sore cases. Medical expenses include treatment costs for the bedsores themselves, which often require hospitalization, wound care, antibiotics, and sometimes surgical intervention. Pain and suffering compensation addresses the physical discomfort and emotional trauma experienced by the resident. Lost wages apply when the injury prevents the resident from working or engaging in income-generating activities. Reduced life expectancy damages account for shortened lifespans resulting from complications like sepsis or infection.
Other recoverable damages can include:
- Medical expenses and ongoing care costs for wound treatment and complications
- Physical pain and emotional suffering experienced by the resident
- Loss of quality of life and diminished enjoyment of daily activities
- Punitive damages in cases of gross negligence or willful misconduct
- Wrongful death damages when bedsores contribute to the resident’s death
Settlement and Verdict Amounts in Bedsore Cases
Bed sore lawsuit settlements range from tens of thousands to millions of dollars, depending on multiple factors. Settlement values increase with injury severity—stage 3 and 4 bedsores command higher compensation than earlier stages. The degree of negligence matters significantly; cases involving clear breaches of care standards yield larger awards. The impact on the resident’s life, including complications like sepsis, infection, or death, substantially affects settlement amounts.
Real cases demonstrate the range of recoverable compensation. A nursing home resident who developed bedsores leading to sepsis received a $250,000 settlement from Odom Law Firm. In another case, a nursing home choking incident resulted in a $675,000 settlement. These cases illustrate that nursing homes face significant liability when they fail to provide basic preventive care. Catastrophic injuries resulting from nursing home negligence often warrant substantial compensation. Our case results demonstrate our firm’s track record of recovering significant settlements and verdicts.
Steps to Take If Your Loved One Develops Bed Sores
Immediate action protects your loved one’s health and strengthens any potential legal claim. Document everything by photographing the bedsores from multiple angles, noting the date, time, and location. Request complete medical records from the facility, including nursing notes, care plans, and incident reports. Report the bedsores to facility management in writing and to the Arkansas Department of Human Services, which investigates nursing home complaints.
Seek an independent medical evaluation from a physician not affiliated with the nursing home. This creates an objective assessment of the bedsores’ severity and whether they resulted from negligent care. Consult with an experienced nursing home attorney who can evaluate whether the facility’s actions constitute negligence and what compensation your family may recover. Time is critical in these cases, as evidence preservation and witness statements become more difficult as time passes.
Why Choose Odom Law Firm for Your Bed Sore Lawsuit
Odom Law Firm brings four decades of nursing home litigation experience to every case. Founded in 1982, the firm has handled hundreds of nursing home negligence cases, including bedsore claims. Our attorneys focus on nursing home litigation and understand the details of these cases. We maintain a national co-counsel network, allowing us to handle complex cases across state lines.
Alan L. Lane, with 22 years of experience, holds a Martindale-Hubbell AV rating (the highest peer review rating) and was recognized as a Super Lawyers Rising Star in 2010. Matthew L. Lindsay, with 21 years of experience, also holds a Martindale-Hubbell AV rating and was named a Super Lawyers Rising Star in 2009. Both serve on the Board of Governors of the Arkansas Trial Lawyers Association.
Monte A. Sharits, a partner attorney with 15 years of experience, focuses on nursing home litigation and brings a unique perspective from his background as a U.S. Navy SEAL. The firm’s exclusive focus on personal injury law ensures dedicated expertise in nursing home cases. Our track record includes significant settlements and verdicts, demonstrating the ability to recover substantial compensation for injured residents and their families. Understanding Arkansas nursing home regulations and state-specific legal standards gives Odom Law Firm a competitive advantage in pursuing these claims.
You Have Legal Options
Bed sores are preventable injuries that indicate nursing home negligence. When a facility fails to provide basic preventive care, residents suffer serious complications including infection, sepsis, and in severe cases, death. Families have the legal right to pursue compensation for these preventable injuries.
Time matters in nursing home cases. Arkansas has specific statutes of limitations that restrict how long families have to file claims. Waiting too long can result in losing the right to pursue compensation entirely. If your loved one developed bedsores in a nursing home, contact Odom Law Firm today for a free consultation. Our experienced attorneys will evaluate your case, explain your legal options, and fight to recover the compensation your family deserves.
Call 479-442-7575 or visit our website to schedule your free consultation. Located in Fayetteville, Arkansas, we have experience serving families throughout the state and nationwide. Don’t let nursing home negligence go unanswered—let our experienced team help you pursue justice and compensation for your loved one.
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