Is it neglect if an elderly person developes a bed sore after a short period of time in a nursing home? Should you sue ?

You should without question consult with your attorney. Nursing homes must follow certain enumerated procedures to avaoid the very problem you complain of. If the nursing home neglected your mother-in-law in some way then they may be liable for some level of damages. However, if the sore pre-dated her admission they need only provide appropriate treatment and care. Good luck.

First of all, make sure your mother in law is getting the medical treatment she needs. If left untreated, bedsores can be dangerous. Also make sure she is receiving proper care from this point foward, including not being left in one position too long. Bedsores can be a sign of neglect. It may be a good idea to consult with an attorney with experience in nursing home neglect. They will be able to help you assess the situation and determine whether you need to take further action.

I think you got some excellent advice from the other attorneys who responded to your question. I would like to point out that that nursing homes have a duty to provide their patients with the highest level of care to prevent development of bed sores (similarly referred to as: pressure sores, pressure ulcers or decubitus ulcers.

The Federal Law that applies to prevention of bed sores in nursing homes, reads as follows:

Pressure Sores (F 314, CFR 483.25(c)): Based on the comprehensive assessment of a resident, the facility must ensure that a resident who enters the facility without pressure sores does not develop pressure sores unless the individuals clinical condition demonstrates that they were unavoidable; and a resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.

My guess is that this nursing home identified your mother-in-law as a person who was at high-risk for developing bed sores and subsequently developed a care plan for her care. Most likely, the facility failed to properly implement the care plan and bed sores formed.

If this in indeed the case, your mother-in-law likely has a fairly strong case against the facility and is entitled to compensation for her pain and medical expenses.

Lastly, you may consider contacting the New York Department of Health to have them investigate the facilities conduct with respect to the bed sores. The investigation will likely be inadmissible in court, but can be useful during the course of litigation. Best wishes to you and your mother-in-law.