Denver Bedsore Attorneys
Bedsores Are Never Acceptable in a Healthcare Setting
Bedsores can be difficult to treat and take a long time to resolve. They can also lead to much worse conditions, and if you're in a hospital setting, the development or worsening of bedsores can be grounds for a lawsuit.
If you've developed bedsores after staying in a hospital, please call the Denver medical malpractice lawyers at Leventhal Puga Braley P.C. at (303) 759-9945 or toll-free at (877) 433-3906 to see if you have a case.
If you have limited mobility, you depend on your medical professionals to ensure you do not develop bedsores during treatment or recovery from a serious illness. While some medical malpractice is due to error, pressure ulcers develop because healthcare workers fail to monitor or move patients who are at risk. This neglect is unacceptable. Especially since bedsores are almost always preventable, so when they do occur, they should be caught early and treated immediately. This is why medical staff may be considered negligent in a court of law if they allow bedsores to become a serious medical issue.
What Are Bedsores?
Bedsores, also called pressure injuries, pressure sores, pressure ulcers, or decubitus ulcers, are ulcers that develop on areas of the skin that are under pressure from lying in bed, sitting in a wheelchair, or wearing a cast for a long period of time. More specifically, bedsores develop when the blood supply to the skin is cut off for more than two to three hours. When the skin dies, a red, painful area develops, which eventually turns purple.
If treatment doesn't begin at this stage, the skin can break open, and the area can become infected. An untreated bedsore can then deepen from the skin to the muscle and bone. Depending on factors such as the severity of the bedsore, the patient's physical condition, and the presence of other diseases, a bedsore can take days, months, or even years to heal. Additionally, surgery may be required to help move the healing process along. Some bedsores can start a fatal cascade.
Common areas of the body for bedsores to appear include:
- Tailbone or hips
- Heels of the feet
- Shoulder blades
- Back of the head
- Backs and sides of the knees
The different stages of bedsores are:
- Stage 1: Reddened, painful area of the skin, which may be hot or cool, hard or soft to the touch.
- Stage 2: Blisters or an open sore on the skin, with redness and irritation surrounding it.
- Stage 3: A crater develops, allowing you to see the body fat beneath the skin. The injury has moved past the skin.
- Stage 4: The crater deepens and spreads, damaging some or all of the muscle, bone, tendons, and joints underneath.
- Unstageable: The sore is covered in dead skin, and it is impossible to tell how deep the wound goes.
These are considered never events. Sadly, we at Leventhal Puga Braley P.C. still frequently see bedsore cases.
Physicians' Responsibility for Bedsores
The development of bedsores is often an indicator of the quality of care a patient is receiving. Doctors and their crew are responsible for turning bedridden patients, ensuring that patients are positioned correctly, providing soft padding in wheelchairs and beds, and ensuring that patients are given good nutrition and skin care. Hospital staff should also be aware of people who are more susceptible to bedsores, such as people with diabetes, circulation problems, or poor nutrition, and monitor them closely.
Specifically, a patient's skin should be inspected for areas of redness every day, with particular attention paid to bony areas. Bedridden patients should be turned and repositioned every two hours, while wheelchair patients should sit upright and straight, changing position every 15 minutes (Hopkins Medicine).
Do I Have a Denver Medical Malpractice Case? Understanding Negligence in Bedsore Cases
Determining whether you have a medical malpractice case involves evaluating a few critical factors. First, it must be established that a healthcare provider owed a duty of care to you or your loved one. This means that there was a patient-provider relationship. Next, you must demonstrate that the provider breached this duty through negligence, such as failing to reposition a patient to prevent bedsores. Furthermore, it's essential to prove that this breach directly caused harm, such as the development or worsening of bedsores. Finally, there should be quantifiable damages—like increased medical bills or pain and suffering—that result from the harm.
Negligence in Denver bedsore cases typically arises when healthcare providers fail to meet the standard of care required to prevent pressure ulcers. This standard involves regularly repositioning patients who are immobile, ensuring proper nutrition and hydration, and maintaining clean and dry skin. When these basic care practices are neglected, bedsores can develop, leading to severe pain, infections, and other complications.
Documentation such as medical records, specialist testimonies, and witness statements are critical in proving these elements. But, consulting a Denver bedsore lawyer can help you navigate these complexities, ensuring that negligent parties are held accountable for their failure to provide adequate care.
What Types of Compensation Can I Recover for Bedsores?
Victims of medical negligence leading to bedsores may be entitled to various types of compensation:
- Economic Damages: These cover quantifiable financial losses, including medical expenses for additional treatment, rehabilitation costs, and any necessary future medical care related to the bedsores.
- Non-Economic Damages: These compensate for intangible losses, such as pain and suffering, emotional distress, and diminished quality of life.
- Punitive Damages: In certain cases, these may be awarded to punish particularly egregious negligence and deter similar conduct in the future.
It is crucial to consult with a Denver medical malpractice lawyer to understand the full scope of potential compensation in your case. They can help evaluate the specifics of your situation, guide you through the legal process, and advocate on your behalf to ensure you receive the compensation you deserve.
Our Colorado Medical Malpractice Case Process
At Leventhal Puga Braley P.C., we are committed to providing compassionate and comprehensive legal representation for victims of medical negligence. Our meticulous approach ensures that every aspect of your case is carefully examined, allowing us to build the strongest possible foundation for your claim. Here's how our dedicated lawyer will guide you through each stage of the process, from initial consultation to the resolution of your case.
Scheduling a Consultation to Learn About Your Case
The first step in our medical malpractice case process is scheduling a consultation. This meeting is pivotal for understanding the specifics of your situation and determining the best course of action.
During this consultation, our attorney will carefully listen as you recount the details of your experience, including how the bedsores developed and the impact on your health and well-being. This session is also an opportunity for you to ask questions and gain clarity about the potential legal pathways available. The lawyer will assess the strength of your case based on the information provided and outline the next steps. They will also explain legal terms and procedures in plain language, ensuring you feel informed and confident about the process ahead.
Gathering Critical Evidence and Information
After your initial consultation, the next step is gathering critical evidence and information. This phase involves a thorough collection of all relevant medical records, including charts, treatment plans, and notes from healthcare providers. Additionally, specialist testimonies from medical professionals who can attest to the standard of care and how it was breached are obtained. Photographs of the bedsores—documenting their progression and severity—are also essential. Witness statements from nurses, aides, or family members who observed the care (or lack thereof) can provide valuable insights.
This comprehensive evidence collection is vital for building a compelling case that clearly demonstrates negligence and its direct impact on your health. A Denver bedsore attorney will meticulously organize and analyze this information, ensuring that all legal requirements are met and that your case is as strong as possible.
Negotiating Your Settlement or Taking to Trial
Once the evidence has been gathered and analyzed, the next phase involves negotiating your settlement or preparing for trial. A Denver medical malpractice lawyer will first attempt to reach a fair settlement with the involved parties. This involves presenting the compiled evidence and arguing for compensation that reflects your medical expenses, pain, suffering, and other damages. Skilled negotiation can often lead to a satisfactory settlement, avoiding the need for a lengthy trial. However, if the settlement offer is inadequate or if negotiations stall, your attorney will be fully prepared to take your case to trial. This involves a comprehensive legal strategy, including crafting persuasive arguments, questioning witnesses, and presenting evidence compellingly in court.
Whether through negotiation or trial, our law firm's goal remains the same: to secure the best possible outcome for you, ensuring accountability for the negligence that led to the development of bedsores.
Take Legal Action for Bedsore Medical Malpractice in Denver
You deserve compensation for the additional medical bills and suffering that bedsores caused you. A knowledgeable and experienced lawyer can do the research to collect medical documentation and specialist opinions to prove malpractice occurred and ensure the responsible parties are held accountable.
Remember that under Colorado law, a medical malpractice claim must be filed within two years of the date of the alleged malpractice, though there are certain exceptions in some cases. So, the sooner you take action, the better.
If you believe that you or a loved one may have developed bedsores due to poor care in a hospital, please call Leventhal Puga Braley P.C. at (303) 759-9945 or toll-free at (877) 433-3906 for a no-cost initial consultation.
Frequently Asked Questions
Should I File a Medical Malpractice Claim?
Deciding whether to file a medical malpractice claim can be complex. Generally, if you have sustained harm due to a healthcare provider's negligence, such as developing bedsores from inadequate care, you may have grounds to file a claim. Consulting with a Denver medical malpractice attorney will help you assess the viability of your case, evaluate the extent of harm, and determine if pursuing legal action is in your best interest.
How Long Do Medical Malpractice Claims Take?
The duration of a medical malpractice claim can vary significantly. Factors such as the complexity of the case, the willingness of parties to settle, and court schedules can all impact the timeline. On average, claims can take anywhere from several months to several years. Your lawyer can provide a more precise estimate once they understand the specifics of your case.
Will My Case Go to Trial?
Not all medical malpractice cases go to trial. Many are resolved through settlements before reaching that stage. If a fair settlement cannot be negotiated, however, your case may proceed to trial. Leventhal Puga Braley P.C. will prepare your case thoroughly and be ready to represent you in court to ensure your rights are protected and you receive adequate compensation.
Will My Medical Malpractice Case Pay My Attorney Fees?
Most medical malpractice lawyers work on a contingency fee basis, meaning they only get paid if you win your case. In such arrangements, attorney fees are typically a percentage of the compensation you recover. It is essential to discuss fee structures with your lawyer during your initial consultation to understand the specifics and ensure there are no surprises later on.
How Much Is a Medical Malpractice Attorney?
The cost of hiring a medical malpractice attorney can vary based on the complexity of the case and the attorney's experience. Generally, under a contingency fee arrangement, you do not need to pay upfront. Fees are deducted from your settlement or award. Discussing this with your lawyer during your initial consultation can provide clarity on costs and help you plan accordingly.
