Value of a Bed Sore Injury in New York

Bed sore injuries, also known as pressure ulcers or decubitus ulcers, are painful and often preventable wounds that develop due to prolonged pressure on the skin and underlying tissues. They commonly occur in individuals who are immobile or have limited mobility, such as nursing home residents or hospital patients. These injuries can range from mild skin reddening to deep, open wounds that expose muscles and bones. If you or a loved one has experienced a bed sore injury, our experienced team of New York medical malpractice lawyers at Stephen Bilkis & Associates is here to provide exceptional legal representation in New York. Our team possesses comprehensive knowledge of the laws and regulations specific to bed sore injuries in New York, enabling us to navigate the legal process effectively and build a strong case on your behalf. We will work tirelessly to prove negligence, gather compelling evidence, consult with medical experts, and seek maximum compensation for your medical expenses, ongoing care, pain and suffering, and other damages. With personalized attention and compassionate advocacy, we are dedicated to achieving the best possible outcome for you. Contact us today for a confidential consultation, and let our skilled attorneys fight for the justice and compensation you deserve.

The following cases are examples of verdicts related to bedsore injuries. The average of these two verdicts was $7,200,000, indicating that oftentimes, the severity of the pain and suffering and other losses related to bed sore injuries caused by negligence.

Case: Rosenblatt v. Ctr. for Nursing & Rehab., Inc., 70 Misc. 3d 1220 (N.Y. Sup. Ct. 2021)
Accident Type: Medical malpractice
Verdict: $3,000,000
Case Summary: Mr. Hercules Smith was originally admitted to defendant's nursing home facility. He had suffered a stroke and was rendered paralyzed on one side of his body. He was 72 years old at that time and he also suffered from high blood pressure, diabetes, and dementia. Mr. Smith did not have any bed sores upon admission to CNR, but he was identified as being at high risk for them. His treatment plan included turning and re-positioning him every two hours to promote skin integrity. Eight months later, Mr. Smith was diagnosed with a pressure ulcer that continued to worsen.

Case: Patterson v. Montefiore Med. Ctr., 2014 N.Y. Slip Op. 32716 (N.Y. Sup. Ct. 2014)
Accident Type: Medical malpractice
Verdict: $5,700,000 for past and future pain and suffering
Case Summary: The 17-year old patient had cancer-related surgery. He developed two decubitus ulcers on his right foot while his foot was immobilized in the splint. Plaintiff complained about excruciating pain in his right leg that emanated through his whole leg. There was also a foul odor, "like road kill," emanating from the leg. Plaintiff's foot was never elevated except for when his mother placed a pillow under his leg. After his discharge, plaintiff was prescribed a "boot.” The use of the boot exacerbated the ulcers. As a result of the ulcers, plaintiff had limited range of motion in his right ankle and foot and lost a large piece of his right heel.

Bed sore injuries, also known as pressure ulcers or decubitus ulcers, can arise from various incidents in healthcare settings in New York. These incidents often occur due to negligence, inadequate care, or a failure to implement proper preventative measures. Understanding the types of incidents that can lead to bed sore injuries is crucial in identifying potential cases of medical malpractice or neglect.

Failure to Reposition: One common incident involves a failure to reposition immobile or bedridden patients regularly. When individuals are unable to change positions independently, continuous pressure on certain areas of the body can lead to the development of bed sores. Healthcare providers have a duty to assess and address the need for repositioning to relieve pressure and prevent ulcer formation.

Inadequate Monitoring: Inadequate monitoring of patients' skin condition can contribute to the development and progression of bed sores. Regular assessments and documentation of skin integrity are essential to identify early signs of pressure ulcers and implement appropriate interventions.

Poor Hygiene and Moisture Management: Insufficient attention to hygiene, particularly incontinence care, and failure to manage moisture levels can contribute to the development and worsening of bed sores. Moisture and prolonged exposure to urine or feces can soften the skin, making it more susceptible to damage and infection.

Inappropriate Medical Equipment or Devices: The improper use of medical equipment or devices, such as poorly fitted braces, casts, or orthopedic devices, can create pressure points that increase the risk of bed sore development.

Inadequate Staffing and Training: Understaffing or insufficiently trained healthcare personnel may result in a lack of attention and care for patients at risk of developing bed sores. Proper training, staffing levels, and supervision are essential to ensure patients receive appropriate care and preventive measures.

Failure to Follow Protocols and Guidelines: Neglecting to follow established protocols, guidelines, and best practices for preventing and managing bed sores can contribute to the occurrence and progression of these injuries. This may include failing to use pressure-reducing devices, providing appropriate nutrition, or implementing regular skin assessments.

If you or a loved one has suffered a bed sore injury due to any of these incidents or other forms of negligence, it may be necessary to consult with an experienced New York medical malpractice lawyer. They can evaluate the circumstances, gather evidence, and help pursue a legal claim to seek justice and fair compensation for the harm caused.

When determining the value of a bed sore injury case, two significant factors come into play: the severity of the injury and the impact on the victim's life.

Severity of the Injury: The severity of a bed sore injury plays a critical role in assessing its value. Bed sore injuries can range from mild to severe, with varying degrees of tissue damage and complications. Factors such as the size and depth of the wound, presence of infection, necrotic tissue, and the need for surgical intervention or specialized wound care all contribute to the severity assessment. Generally, more severe bed sore injuries result in higher potential compensation due to increased medical expenses, pain and suffering, and potential long-term consequences.

Impact on the Victim's Life: Another crucial factor in determining the value of a bed sore injury is the impact it has on the victim's life. Bed sores can lead to significant physical pain, prolonged healing periods, and potential complications such as infections or tissue necrosis. The injury may require extensive medical treatments, rehabilitation, or lifestyle adjustments. The impact on the victim's overall quality of life, emotional well-being, and ability to perform daily activities are also considered. Factors such as disability, loss of mobility, scarring, chronic pain, and psychological trauma are evaluated to assess the compensation required to address these damages adequately.

There are many other factors that go into determining the value of a bed sore injury and no two cases are the same. Consulting with an experienced medical malpractice attorney in New York is essential to thoroughly evaluate the specific circumstances, gather evidence, and build a strong case for fair compensation.

The value of a bed sore injury case in New York can be significant, considering the profound impact it can have on the lives of victims and their families. The severity of the injury and the resulting consequences play a crucial role in determining the value of the claim. The skilled medical malpractice attorneys serving New York at Stephen Bilkis & Associates understands the complex nature of bed sore injury cases in New York. We meticulously evaluate the unique circumstances of each case, gathering compelling evidence, consulting with medical experts, and employing our expertise in New York laws and regulations to build strong legal strategies. Over the years, our attorneys and of counsel have secured over $1 billion in compensation for clients who were seriously injured due to malpractice and the negligence of others. Contact at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.