My husband, in his 80s, died Nov. 2010 from a bedsore he received when he was a rehab hospital.

Asked about 2 years ago - North Las Vegas, NV

What are my chances of winning a lawsuit against a rehab hospital? They neglected him, the doctor put a sign over his bed to turn him every two hours and they seldom did. He lost the used of his hands and could no longer walk, still yet I would come to visit him and find his food tray away from his bed uneaten, and I would feed him. In less than 6 weeks he went from 174 lbs to 134. He developed a stage 4 bedsore on his right buttock and the heels of his feet were mostly eaten away. I had to make them treat his feet, they hadn't noticed they had broken down. The bedsore had a terrible smell and it attracted flies. I retained a law firm but they pulled out because the lawyer quit and they had no one to take over her cases. The discovery and trial was set for next summer.

Attorney answers (3)

  1. Howard Robert Roitman

    Contributor Level 17


    Lawyers agree

    Answered . Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
    •Misdiagnosis of, or failure to diagnose , a disease or medical condition;
    •Failure to provide appropriate treatment for a medical condition;
    •Unreasonable delay in treating a diagnosed medical condition;

    Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

    Limits on Malpractice Damages

    Nevada imposes a $350,000.00 limit on noneconomic damages.
    Pressure sores are often categorized based on the degree and depth of the ulcer:
    “Stage 1 Pressure Sore” involve irritation to the surface of the skin
    “Stage 2 Pressure Sore” involve blisters or shallow craters where the outer layers of skin die
    “Stage 3 Pressure Sore” involve the deeper layers of skin and often appear as open and bleeding wounds
    “Stage 4 Pressure Sore” are the most severe stage, where the pressure ulcer has gone through all layers of skin, exposing muscle and bone

    Healthy individuals are able to constantly adjust their own body, preventing the skin from decaying under prolonged pressure.

    However, elderly and ill individuals, who are confined to a hospital bed or nursinig home, may not be able to reposition themselves. They rely on nurses and medical staff to prevent them from being kept in the same positioon for hours on end and to closely examine the body for signs of devloping bedsores.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more
  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . No lawyer can tell you your chances of winning without knowing all the facts. Retain another law firm to pick up the case.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755
  3. Richard S. Johnson


    Contributor Level 15


    Lawyer agrees

    Answered . I agree that no attorney can tell you what your chances of winning a lawsuit are. I can say that in Las Vegas, medical malpractice cases are very difficult, much more so without an attorney. I would be happy to hear more about the case. Feel free to call me at 702-823-3333.

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