No variation of harm done to a nursing home resident should be overlooked, including bedsores. In many cases, these injuries result from negligence by staff and should be reported.
Key Takeaways
- Colorado nursing homes can be held responsible for bedsores caused or worsened by poor care and negligence.
- Medical records, care plans, staffing records, photos, and expert opinions can help show negligence and support a compensation claim.
- Filing deadlines depend on the type of claim. Olson Personal Injury Lawyers can help families understand their legal options and preserve evidence before time runs out.
Table of Contents
- Can You Sue a Colorado Nursing Home for Bedsores?
- Elements That Must Be Proven in a Nursing Home Abuse Case
- Evidence Required To Prove That Bedsores Resulted From Negligence
- Who Can Be Held Liable for Nursing Home Bedsores?
- Available Compensation From Pressure Ulcer Litigation in Colorado
- What Is the Deadline To File a Bed Sore Lawsuit in Colorado?
- Speak With a Colorado Lawyer About Your Nursing Home Bedsores Case Today
Can You Sue a Colorado Nursing Home for Bedsores?
Generally, you can sue a Colorado nursing home if a resident develops bedsores because the facility failed to provide proper care. Nursing homes must take reasonable steps to prevent pressure injuries, including repositioning residents who cannot move independently, keeping skin clean and dry, providing adequate nutrition, and monitoring wounds.
To determine whether a lawsuit is viable, your attorney may review medical records, wound assessments, care plans, staff documentation, and evidence showing whether the facility’s actions contributed to the injury. A claim may be possible even if the resident had other medical conditions that increased the risk of bedsores.
Elements That Must Be Proven in a Nursing Home Abuse Case
To hold a Colorado nursing home responsible for a resident’s bedsores, a claim should show that the facility failed to provide appropriate care and that this caused or worsened the resident’s injuries.
Duty of Care
A nursing home has a duty to provide appropriate care to residents based on their individual needs and medical conditions.
Why this matters: Establishing this duty shows the facility was responsible for taking reasonable steps to protect the resident from preventable pressure injuries.
Breach of Duty
You must show that the nursing home failed to meet the applicable standard of care and breached this duty.
Why this matters: Records showing missed care, staff shortages, incomplete documentation, or ignored medical instructions may help show that the facility failed to provide proper care.
Causation
Your claim must establish a causal connection between the facility’s failure to provide proper care and the resident’s injury.
Why this matters: Some residents have medical conditions that make them more prone to pressure sores. Medical records and expert testimony can help show whether the nursing home’s negligence caused or worsened the injury.
Damages
The resident must have suffered compensable harm, like physical pain, medical expenses, or emotional distress.
Why this matters: Medical bills, photographs, and treatment records can document the injury’s extent and its effects on the resident’s health and quality of life.
Evidence Required To Prove That Bedsores Resulted From Negligence
To prove a Colorado nursing home was negligent, you must show the facility caused or worsened a resident’s injuries. Some key forms of evidence that can help do this include the following:
- Patient care records: Medical charts, skin checks, care plans, repositioning logs, and wound treatment records can show how staff cared for the resident.
- Staffing records: Schedules, time sheets, and staff assignments might show whether enough workers were available to meet residents’ needs.
- Photographs: Dated photos can show how the bedsore developed, worsened, and affected the resident.
- Incident and inspection reports: Facility reports, state inspection results, and complaints can point to ongoing care problems.
- Professional testimony: Medical or nursing experts can explain whether the facility violated the standard of care and whether its failures caused or worsened the injury.
Who Can Be Held Liable for Nursing Home Bedsores?
Depending on how the injury occurred and who had the authority to prevent it, several parties could be responsible for a resident’s bedsores, including:
- Nursing home owners and operators: Are responsible for policy, staffing, and management issues
- Nurses: Might fail to reposition residents, monitor skin changes, or provide wound care
- Medical providers: Could fail to recognize and treat pressure ulcers
- Third parties: Outside care providers could be responsible for treating or monitoring residents
Determining legal responsibility requires reviewing medical records, staffing documents, care plans, and other evidence. Your lawyer can help identify the parties whose actions or failures contributed to the resident’s injuries.
Available Compensation From Pressure Ulcer Litigation in Colorado
Through a nursing home abuse settlement, your loved one may be able to collect economic damages to cover medical bills, wound treatment, hospitalization, surgery, infection care, and additional nursing expenses caused by the negligent care. They might also be entitled to non-economic damages, which cover subjective losses, such as the resident’s pain, emotional distress, and loss of enjoyment of life.
In the unfortunate case where bedsores contribute to a resident’s death, eligible family members may pursue a wrongful death claim under Colorado Revised Statutes § 13-21-203. This can provide compensation for qualifying financial losses, grief, and loss of companionship. A survival action under § 13-20-101 may also recover eligible expenses and any lost earnings that occurred before death.
What Is the Deadline To File a Bed Sore Lawsuit in Colorado?
In Colorado, the deadline to file a bedsore lawsuit depends on the type of claim and the circumstances of the injury. Medical negligence claims generally must be filed within two years under Colo. Rev. Stat. § 13-80-102.5. However, wrongful death claims often have a separate deadline, so always confirm which time limit applies to your case.
Acting quickly can also help preserve medical records, witness accounts, and other evidence that may become harder to obtain over time.
Speak With a Colorado Lawyer About Your Nursing Home Bedsores Case Today
Our compassionate attorneys at Olson Personal Injury Lawyers offer free consultations. If you suspect a nursing home’s neglect caused bedsores or contributed to a loved one’s death, our Colorado nursing home lawyers can answer your questions, evaluate your potential claims, and understand your legal options.
To schedule your free appointment, contact us through our website or call us at (303) 381-2234 to discuss your concerns, ask questions about filing deadlines, and learn whether you may have grounds for a claim.
