Virginia Nursing Home Bedsore Treatment Cost
According to the U.S. Department of Health and Human Services Agency for Healthcare Research and Quality, bedsores affect 2.5 million Americans each year.
As bedsores are almost always caused by negligent care, Virginia nursing home bedsore treatment cost should not be passed onto the resident or their family. A compassionate and knowledgeable nursing home attorney may be able to help them seek the compensation they deserve for their economical and non-economical damages.
Proving a Bedsore Case to a Virginia Jury
Attorneys who represent bedsore victims must have a plan to explain to the jury precisely how the nursing home is liable for the injuries and damages. To win a lawsuit against a nursing home, the bedsore attorney and the plaintiff must prove the following elements:
Duty of Care
A plaintiff’s attorney must show that the nursing home was in a legally binding contract to care for the plaintiff or victim. This contract should dictate how the resident is to be cared for and must adhere to the nursing home resident rights as detailed in Virginia Code § 32.1-138.
Proper care includes being able to prevent or reduce the incidence and severity of bedsores, especially for immobile or high-risk residents. This care includes frequent repositioning, keeping the skin clean and dry, yet moisturized, and proper monitoring of pressure points.
Breach of Duty
For one reason or another, the nursing home failed to perform their duties as they stated they would in their contract. An example of this could be employees who failed to take the appropriate steps to prevent a bedsore or several. This breach of duty could be linked to a lack of proper training of staff members, hiring negligent staff members, or even inadequate staffing.
Proximate Cause and Damages
Finally, in order to recover damages for nursing home bedsore treatment cost in Virginia, the plaintiff, through their lawyer, must prove that their bedsore was the direct result of the breach of duty. Although a breach of duty in itself is negligent and unethical, the plaintiff must have incurred injury and damages as a proximate cause of that breach.
In any civil lawsuit, the plaintiff must be subjected to damages in relation to their injuries in order to be entitled to compensation. If the nursing home resident suffered a stage one bedsore that went away on its own and never progressed, there are no damages to be compensated for. However, if their bedsore progressed to a more severe stage, caused pain and suffering, and an admission to the hospital, a valid claim likely exists.
Length of a Bedsore Nursing Home Lawsuit
Plaintiffs and their families may feel rushed to receive compensation for their Virginia nursing home bedsore treatment expenses. However, a successful lawsuit may take years as the Virginia civil court system is slow and methodical.
Plaintiff should discuss the possible length of their case with their experienced lawyer, as each case is different. Some may settle quickly out of court will others can last years.
Receiving Compensation for Virginia Nursing Home Bedsore Treatment Expenses
If your elderly loved one developed a bedsore in a nursing home, consult with a bedsore attorney. You or your loved one may be able to receive compensation for your Virginia nursing home bedsore treatment cost. Call an attorney today to learn more.
