Bedsores are among the most common health concerns in care facilities that occur due to inadequate care. Victims and their families can seek legal compensation for the injuries. However, calculating the expected settlement is challenging due to the nature of the factors involved. Here are the key determinants of the bedsore settlement.
1. Severity of the Pressure Ulcers
Bedsores mostly occur in areas with less skin cushioning. These include elbows, hips, and tailbone. When they are not treated, they cause effects like intense pain and a rapid decline in overall health. Most case handlers consider these effects and their impact on the victim’s health when calculating how much settlement they qualify for.
Bedsores are categorized into four stages. Stage 1 is the mildest form, where the skin remains intact but appears red. It attracts lower settlements since the symptoms may be manageable. Stage 2 involves the skin breaking down and forming an open wound or blister. It results in moderate settlements of below $300,000. However, the amount can increase depending on associated medical costs.
Stages 3 and 4 are the most serious, where the sores extend deeper and affect the muscles and bones. These stages require urgent attention since they can lead to sepsis or even death. Payment often ranges from $250,000 to over $ 1 million, especially if gross carelessness is involved.
2. Cause of the Bedsores
Bedsores are primarily caused by minor mistakes, gross negligence, and nursing home malpractice. Minor mistakes are usually not very serious and include accidental oversights, such as a temporary lapse in patient repositioning. Settlements in these cases are generally lower, especially if they do not meet the legal negligence threshold.
Gross negligence results from a facility’s failure to follow proper care protocols. These include lack of adequate staff and medical attention. Taking legal action for nursing home neglect can lead to higher settlements. However, victims must prove that the injuries result from the facility’s failure to take medical steps, which worsened the ulcers.
Doctors can also be at fault if they fail to identify and treat the condition properly. This can lead to a malpractice claim, pushing the compensation higher. For instance, the victim can be eligible for more than $1 million if they suffer serious medical complications. These include infection or amputation.
3. Long-Term Effects of the Injury
The impact of the sores can form the foundation of the settlement a victim can get from a bedsore lawsuit. Victims and their families often suffer economic and non-economic losses when battling pressure ulcers. Economic or financial losses include medical bills, legal costs, and future bills. The victim can also suffer lost wages if the ulcers cause permanent injuries, making them unable to work again. Factoring these losses can raise the final settlement.
Non-economic losses are personal damages the victim suffers. They include pain and suffering and a decline in quality of life. Estimating financial settlement for these losses can be difficult. However, one can seek professional legal assistance to report and prove the case, and qualify for a higher amount. The court can also push the facility to pay for punitive damages, which increases the compensation.
Endnote
The maximum bedsore settlement varies significantly depending on several factors. Some claims can result in more that $1 million, while others give as low as $10,000 in settlement. Providing enough evidence is important when filing the case. This will assist legal professionals in assessing the causes and levels of suffering.