Can i sue the hospital for the bedsores and tailbone injury i got following a total knee replacement

Asked almost 5 years ago - Simi Valley, CA

i was in the hospital for a total knee replacement and for four days i was on a cpm machine an a epidural, they never turned me, the 4 day the epidural was removed and excruciating pain was in my lower back and tailbone area, i could not move. then my daughter came to visit and i told her something was wrong and she looked at my tailbone and lower back and buttock area, i was covered in bedsores 8-10 stage 2 some very large, one also on my inner right thigh, and a large bump on my tailbone and brusing and dark red. the nurses did document the sores measured all the sore and took digital photos. I have scars and am still in so much pain in my tailbone area i can barely sit and its hard to sleep. my regular doctor is checking to make sure i dont have a bone infection ,i also have numbness

Attorney answers (4)

  1. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    Answered . I am a California attorney and have no clue why a bunch of non California attorneys who are not legally allowed to give legal advice on California law are posting on here.

    Call me for a free consultation. I am located in Chatsworth, and do medical malpractice all over the State of California.

  2. Guy Scott DiMartino

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I do not practice in CA so this information is being provided for educational purposes.

    You should consult an attorney because it sounds like you may have a case. Your attorney will want to know if nursing staff did a skin breakdown assessment or Braden scale and whether they institute an inspection and repositioning plan.

    Most of the time bed sores are preventable.

    Good luck.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . As I am licensed in Florida and Vermont, I cannot offer you specific advice as to California law. However, generally, the condition you describe would lead me to believe that there has been medical negligence committed by the hospital staff or your Dr. You should immediately contact a knowledgeable personal injury attorney in your area. It will be very important to secure copies of the digital photographs taken by the nurses. You should make your attorney aware that photographs were taken so that he or she can take steps to secure them if you do not already have copies yourself. Do not delay in seeking counsel.

  4. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    Answered . I am not licensed in CA and can offer you only general advice. It is very unusual for you to have multople "bedsores" including sores in areas that are not pressure points within four days. That factor may hurt you in a claim for medical negligence. In medical malpractice cases you have to prove that a deviation from the standard of care (in this case the failure to turn you) caused permanent, significant damages. If you have ulcers in areas that were not caused by the fallure to turn, it would be difficult for your experts to testify that you would not have gotten these sores even if you had been turned.

    You will need to contact a lawyer in CA. In Florida, it is very difficult to proceed in a case like yours against a hospital. I am wonderinf if you also have other conditions which might have increased your chances for getting sores, such as diabetes, peripheral vascular disease, etc. When you contact a local attorney, be sure to relay those facts as well as the ones you have shared with us.

    Betsey Herd
    Tampa, Florida

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