Filing a Washington DC Nursing Home Bedsore Lawsuit

Discovering that a loved one has developed bedsores in a nursing home can lead to feelings of anger, confusion, and worry. Bedsores can be complicated by infections, which may result in serious conditions or even death.

If your loved one developed bedsores due to nursing home staff’s negligence, you may have a cause of action against the nursing home. There are many ways in which negligence can result in bedsores in the nursing home setting, so consultation with a Washington DC nursing home bedsore lawyer may be helpful in filing a Washington DC nursing home bedsore lawsuit.

Preparing to File a Nursing Home Bedsore Lawsuit

There are many important steps that must be taken prior to filing a nursing home bedsore lawsuit in Washington DC. Substantively, the claim should be evaluated for the elements of a medical malpractice claim, as follows:

  • Duty
  • Breach of the standard of care
  • Causation
  • Damages

In order to evaluate a claim, an individual may need to review the nursing home’s medical records. In reviewing medical records, it may become evident that nursing home staff failed to meet the standard of care, thereby causing the development of bedsores.

If, for example, the medical records lack reports of repositioning the patient or dressing a wound, this information would be important to the lawsuit and to the experts who may also review the medical records.

Experts may supply opinions regarding both the breach of the standard of care and causation, so consultation with an expert prior to filing the lawsuit may be necessary.

In Washington DC, an injured party must file a notice prior to filing a medical malpractice lawsuit. This document would put the nursing home on notice of the injured party’s intention to file a lawsuit. Accordingly, it should include pertinent details regarding the alleged injuries and damages. At least a good faith effort in serving the notice on the nursing home is required, prior to filing the lawsuit.

Bringing the Nursing Home Bedsore Action

It may be important to consider, as soon as practicable, who will bring the nursing home bedsore lawsuit. The injured nursing home patient may be able to bring the lawsuit themselves. However, in some cases, the individual may be incapacitated, such that they lack the capacity to bring the lawsuit themselves. A family member may need to file the lawsuit, if the injured party is incapacitated.

Filing the nursing home bedsore lawsuit does not necessarily mean that the case will go to trial. Mediation and continued settlement talks provide an avenue for resolution of the claim prior to trial.

Once the nursing home answers the complaint, discovery will begin and each side will have the opportunity to seek answers regarding relevant matters. The adequacy of the care provided to the injured individual and the cause of the bedsores will likely be central matters in discovery.

Get Legal Help Before Filing a DC Nursing Home Bedsores Lawsuit

Filing a Washington DC nursing home bedsore lawsuit can be complicated. In consideration of the pre-suit notice, investigation, and filing deadlines, having a seasoned attorney by your side could be advantageous.

If you or a loved one developed bedsores due to a nursing home’s negligence, contact a Washington DC nursing home bedsore lawyer for assistance in the legal process.