Virginia Nursing Home Bedsore Settlements

Bedsores, often known as pressure ulcers, can form when a person is left in a single position for a prolonged time. They are easily preventable, and most nursing home staff members assist patients by helping them change positions periodically. This prevents the body of the patient from developing bedsores as a result of laying on hard surfaces for an extended, and unreasonable, amount of time.

Unfortunately, some mobility-challenged patients do not receive the care they need. They are often overlooked, and in neglectful environments, they may be left to remain in one position for hours on end. This is painful and uncomfortable, and over time, they may develop bedsores.

If you are considering taking legal action against a nursing home, contact a lawyer to learn more about Virginia nursing home bedsore settlements before filing suit.

The Physical and Emotional Impact of Bedsores

When a patient develops bedsores, they have often been subject to the pain and humiliation of being left in one position for an extended period of time. In general, most bedsores are simply painful and unsightly, but if left untreated, they can result in a variety of medical complications. Untreated bedsores can cause skin cancer, deep tissue and bone infections, and in some cases, death.

Pecuniary vs. Punitive Damages

If a case involving a nursing home does go to court, the plaintiff will be awarded one (or both) of two types of damages if they are successful. The first type, pecuniary damages, are awarded to compensate the plaintiff for any financial losses they suffered as a result of their injuries. The court will also take the mental and physical suffering of the patient into account.

Pecuniary damages take costs stemming from medical bills, lost wages, and if necessary, funeral expenses into consideration. In general, the more damages incurred by the plaintiff, the higher their award amount will be if they win.

The second type of damages awarded in personal injury cases are known as punitive damages. These damages are not awarded as frequently, but when they are, there is no definite way to calculate how much a person deserves. Punitive damages are awarded solely to punish the responsible party and prevent them from engaging in similar acts in the future, and they are typically only awarded in cases involving gross negligence, or intentionally malicious behavior.

Accepting or Rejecting Virginia Nursing Home Bedsore Settlements

Many nursing home bedsore cases do not make it all the way to court. When a patient files a claim against a nursing home, they home may attempt to settle out of court. If this occurs, the nursing home may offer a settlement, which is a cash amount, in exchange for a patient dropping their claim. Often, a settlement can be more lucrative than going to court, and attorneys may advise their clients to accept a claim if their case involves certain complications which may make litigation difficult and expensive.

Even if the case does make it to court, the defendant may still offer a settlement at any moment. As previously stated, if a person accepts a settlement, they are legally required to refrain from taking any further legal action. Only the plaintiff can accept or reject a settlement, but they can take the advice and input of their attorney into consideration when making a decision.

Learn More About Virginia Nursing Home Bedsore Settlements

If you or someone you know developed bedsores while in the care of a nursing home facility, you may be able to file suit and obtain financial compensation. Negligence in nursing homes is a serious problem, and the legal system allows injured patients to seek the justice they deserve.

Get in touch with an attorney today to learn more about Virginia nursing home bedsore settlements and lawsuits.