A bedsore is one of the clearest signs that basic care isn't happening. When a resident who can't move on their own isn't turned, cleaned, and checked, pressure injuries develop, and they can turn into deep, painful wounds that lead to infection, hospitalization, or death. Most of them are preventable. If your loved one developed a serious bedsore in a nursing home, assisted living facility, or hospital, we can help you find out whether neglect was to blame.
A bedsore, also called a pressure ulcer, pressure injury, or decubitus ulcer, forms when constant pressure cuts off blood flow to the skin, usually over a bony area like the hips, heels, or tailbone. They develop in people who are confined to a bed or wheelchair and can’t shift their own weight. Friction and moisture make them worse.
The way to prevent them is simple and well known: reposition the person every couple of hours, keep them clean and dry, and check the skin daily. When a facility has enough trained staff and follows a care plan, most pressure injuries never happen. When the facility cuts corners, they do.
Not every pressure injury means someone did something wrong. But an advanced wound, a Stage III or IV bedsore that develops after a resident is admitted, usually means the care needed to prevent it wasn’t provided. Medicare treats a Stage IV pressure sore acquired in a facility as a ‘never event,’ a preventable harm that shouldn’t occur. When we see one, we look hard at the facility’s records to find out what happened.
We don’t take every case, and we’ll be honest with you about yours. The strongest bedsore cases have clear medical records, photographs of the wound over time, and a serious, well-documented injury. Keep any photos and records you have. They often tell the story.
We take fewer cases than most firms so we can give each one real attention. Jerome Reinan has tried more than 50 jury trials and spent his early career defending nursing homes and hospitals before switching sides in 1999 to represent families. He knows how these facilities defend bedsore cases and how to take that defense apart.
Not always. Some pressure injuries develop despite good care, especially in very ill patients. But an advanced pressure injury, a Stage III or IV wound, that appears after admission usually means the basic care to prevent it wasn't provided, and that failure can be the basis for a claim.
When someone dies because of another party's negligence, the law generally allows their family and their estate to pursue accountability, though exactly how that works (what's recovered, who can bring the claim, and the deadline) depends on the state.
Colorado: When a loved one dies because of another party's negligence, Colorado law allows two separate paths to accountability. The first is a survival action, which continues the claim your loved one would have had if they'd survived, covering their own pain, suffering, and medical expenses. This claim belongs to their estate and is brought by the estate's personal representative. The second is a wrongful death claim, a separate claim for the losses you and other close family members have suffered because of the death itself, such as loss of companionship and support. Colorado law limits who can bring this claim and in what order, generally starting with a surviving spouse, and both types of claims are subject to a strict two-year deadline from the date of death.
They range from Stage I (early skin damage) to Stage IV (a deep wound reaching muscle or bone), plus 'unstageable' wounds. Stage III and IV injuries are serious, painful, and can lead to infection, hospitalization, or death.
We handle these cases on a contingency fee, so you don't pay attorney fees unless we recover for you.
