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Can we sue a nursing home for my grandmothers bed sore?

Rockford, IL |

My grandmother is in her 80's and has MS(multiple sclarosis).She was recently moved to a new nursing home because the old one couldn't care for her very well, as my aunt puts it they just didn't care. When she left she already had the bed sore and now at the new place she isn't doing to good. Not eating or drinking and she can't stay awake. Can we sue the old nursing home for letting her get that bed sore in the first place?

Attorney Answers 4

Posted

Your aunt's decline is probably due to a multitude of factors, including her age and MS. You would like not get anywhere with a suit against the nursing home but if you think it is worth pursuing, bring all of her medical records to an experienced elder care or med mal attorney for a more detailed analysis and opinoin.

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3 comments

Lawrence A Friedman

Lawrence A Friedman

Posted

I have to disagree. I would expect bed sores to arise due to a facility failing to properly care for a patient rather than due to MS. In any case, nobody can advise whether your aunt may or may not have a case unless persons with medical expertise review the medical records and possibly visit your aunt. While it is quite possible that there may not be a good case, I wouldn't discourage your aunt from checking with medical malpractice attorneys experienced in nursing home claims. However, your aunt must be willing to incur some modest costs to obtain copies of her medical records.

Judy A. Goldstein

Judy A. Goldstein

Posted

Before you disagree, please read my answer, again, this time more carefully. I did not state that bedsores were due to MS. I did, however, suggest bringing all medical records to an experienced elder care or med mal attorney for a more detailed analysis and opinion.

Lawrence A Friedman

Lawrence A Friedman

Posted

I did read your answer carefully and I continue to disagree. I strongly disagree with your claim that the patient "likely would not get anywhere with a suit against the nursing home." Since bedsores often are caused by improper care, I don't see how you can give an opinion on the potential merits of a claim based on the post. Furthermore, every other response indicates that the patient could have a decent case because facilities often play a role in causing a patient to incur bed sores.

Posted

I completely agree with Attorney Goldstein.
I would recommend you find an expereinced attorney
in nursing home litigation to review your grandmother's
case.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

The answer to your question is yes, if there is a factual basis for a cause of action, the person/people who have been harmed may seek compensation for their injury/ies. The first step is for the person who is her agent or guardian to obtain her complete chart (medical records) from the old nursing home and seek the advice of an attorney experienced in healthcare, medical malpractice and nursing home litigation.

Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.

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Posted

Yes, you can sue the old nursing home for your grandmother getting bedsores; however you must show negligence on the part of the nursing home. Nursing homes are required to prevent the development or worsening of bed sores. Nursing homes are obligated to identify individuals at risk for bed sores and form and implement a care plan to prevent bedsores also known as pressure ulcers. There are numerous risk factors for the development of pressure ulcers. Nursing homes can prevent the formation of pressure ulcers by constantly turning and repositioning residents to relieve pressure on any certain area of the body. There are pressure relieving devices such as special mattresses, beds, heel protectors and boots which can help prevent pressure ulcers. When a resident develops bed sores in an Illinois nursing home due to nursing staff negligence, then there is a valid cause of action. This is a highly specialized area of law, and you will need an Attorney who possesses the necessary expertise in Nursing Home actions. That Attorney will be able to determine if the Nursing Home failed to live up to its duty of care. Please feel free to contact me after Christmas at info@jcslaw.com or call my office at 847-253-7500 and I can refer you to one of the leading law firms handling this type of matter. Good luck.

Disclaimer. The information contained in this answer is provided for informational purposes only, and should not be construed as specific legal advice, further is not intended and it does not constitute or create an attorney-client relationship between The Law Office of James C. Siebert & Associates and any recipients. No recipient of this answer should act or refrain from acting on the basis of this answer without seeking the appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. Under Illinois ethical rules answers to questions might be considered as advertisement and therefore please consider the answer to the question is ADVERTISING MATERIAL.

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