Damages in a Virginia Nursing Home Bedsore Lawsuit

Nursing homes provide care to elderly and infirm patients, and they function as both a residential and medical facility. If a patient in a facility is mobility-impaired, staff members and medical providers may need to help them move around. If they do not take this responsibility seriously, patients can develop sores on the surface of the skin (bedsores).

The vast majority of nursing homes are patient-centered and dedicated to providing patients with the highest quality of care, but unfortunately, some only exist to siphon money from patients and their loved ones providing negligent and inadequate care in the process. These facilities are often willing to jeopardize the health and safety of their patients in a variety of ways.

If a person develops bedsores in the care of a nursing home, they and their loved ones may be able to file for damages in a Virginia nursing home bedsore lawsuit.

Determining Damages in a Nursing Home Lawsuit

In general, the damages a person recovers in a nursing home lawsuit will largely depend on a variety of factors. Patients who suffer more severe, debilitating injuries and death will typically receive more compensation than patients with minor, non-threatening injuries. The overall suffering of a patient will also be taken into consideration when calculating the amount of compensation they deserve.

The degree of negligence committed by the responsible party is also a major factor. Incidents involving gross negligence, which often occurs when a staff member or the administration of a home make a conscious decision to jeopardize the well-being or safety of patients, tend to warrant higher levels of compensation. The court may also take into account whether the injuries sustained by a survivor were foreseeable on behalf of the defendant.

In some personal injury cases, the court may decide that both the defendant and plaintiff bear some degree of responsibility. If this occurs, the plaintiff may still be able to recover damages, just not the amount they originally sought. Courts usually make such a ruling when both parties engage in actions that contribute to the injury of the plaintiff.

Types of Damages

There are two distinct types of damages in a Virginia nursing home bedsore lawsuit, and the type of damages a person recovers will depend on the circumstances of their case. Pecuniary damages are damages that can be accurately calculated by the court system. These damages are awarded to patients who incur financial damages stemming from medical bills, lost wages, everyday living expenses, and court costs. The court will also take the pain and suffering of the plaintiff into consideration, by evaluating any non-economic damages claimed.

The second type of damages, known as punitive damages, are not so easily calculated. They are usually awarded by the court in an effort to punish the responsible party. These types of damages are typically awarded when a person engages in gross negligence and are capped at $350,000 in Virginia.

The damages awarded by a jury can also be adjusted by the judge. If a judge believes the damages awarded by the jury are too excessive or not great enough, they may decide to raise or reduce the size of the award.

Learn More About Damages in a Virginia Nursing Home Bedsore Lawsuit

Bedsores are a serious problem in nursing homes, and if nursing home staff members do not take the care of their residents seriously, bedsores may develop. Bedsores can progress, causing more serious medical conditions and possibly even life-threatening infections.

If you developed bedsores due to the negligence of a nursing home or its staff members, you may be entitled to compensation. Contact an attorney today to learn about potential damages in a Virginia nursing home bedsore lawsuit.