Are Bedsores a Sign of Neglect? What the Law Says About Nursing Home Liability

5 min read time
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Key Takeaways

  • Bedsores can raise concerns about nursing home care, especially when they develop or worsen without a clear medical explanation.
  • Most bedsores are preventable with routine care, including regular repositioning, skin monitoring, and timely treatment.
  • Nursing home liability is based on patterns of care over time, not just a single incident or outcome.
  • If you’re worried about a loved one’s safety, Morgan & Morgan offers free, no-obligation evaluations to help you understand your options.

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Families often first notice bedsores through small changes, like irritation that wasn’t there before, a sore that raises questions, or a comment in a care update that feels incomplete. These moments don’t always come with clear explanations, and it’s normal to wonder what they mean.

Bedsores are commonly associated with aging or limited mobility, making it difficult to determine whether they are simply part of a medical condition or a sign that proper care has fallen short. This article is meant to help you spot when your loved one’s in danger, and to explain how the law generally looks at bedsores when they occur in nursing home settings.

 

What Bedsores Really Are (and Why They’re Dangerous)

Bedsores, also called pressure ulcers or pressure injuries, develop when prolonged pressure limits blood flow to the skin and underlying tissue. Without circulation, the skin becomes more fragile over time and may begin to break down, leading to open wounds and a risk of infection.

Older adults tend to be more susceptible because factors such as limited mobility, chronic illness, nutrition challenges, and delicate skin can affect how well the body protects and repairs itself. As a bedsore progresses, it can interfere with healing, increase the risk of infection, and introduce new, dangerous conditions that affect overall well-being.

Bedsores often form gradually, over days or weeks, rather than appearing suddenly. It’s usually when a lapse in care leaves a resident in the same position for a long time that they form, worsen, and become the nightmare they can truly be. This relationship means that, if you discover your loved one’s suffering, your questions should focus on the consistency of daily care and whether preventive measures were in place to protect residents.

 

Are Bedsores Ever “Unavoidable”?

Families are often told that bedsores are an unfortunate but inevitable part of nursing home care, especially for residents who are bedridden or use wheelchairs. While it’s true that some individuals face higher risks, modern nursing standards have come a long way in prevention.

Preventing bedsores typically depends on a set of routine care practices that should be part of everyday life in a nursing home. These include:

  • Regular repositioning to relieve pressure on vulnerable areas of the body
  • Consistent skin checks to catch early signs of breakdown
  • Proper hygiene and moisture control to protect fragile skin
  • Adequate nutrition and hydration, which play a key role in skin health and healing
  • Attention to underlying medical conditions that affect circulation or recovery

When these steps are followed consistently, most bedsores can be prevented or addressed early, before they become severe. And when you know that, advanced or untreated bedsores often raise questions not about a resident’s health, but about whether those basic standards of care were met.

 

When Bedsores Cross the Line Into Neglect

From a legal perspective, bedsores may be considered a sign of neglect when they result from a facility’s failure to provide reasonable care. 

Rather than hinging on a single moment or mistake, neglect is often identified through patterns that suggest care was inconsistent or incomplete. Situations that tend to raise concerns include:

  • Advanced-stage bedsores, especially those that develop without clear documentation of earlier intervention
  • Wounds that worsen over time instead of improving with treatment
  • Lack of regular skin assessments or missing records showing repositioning and monitoring
  • Delayed or absent medical response once a bedsore is identified
  • Signs of understaffing or inadequate oversight that affect daily care routines

When red flags point to these behaviors, an investigation generally looks at whether the facility met accepted standards of care and took reasonable steps to protect residents from preventable injury.

 

What Nursing Home Liability Should Look Like

When bedsores are linked to neglect, your attorney will evaluate the nursing home’s liability by examining records, medical evidence, and patterns of care over time. Their review focuses on whether the facility followed basic standards designed to protect residents.

Proper nursing home care generally includes:

  • Individualized care plans that reflect a resident’s mobility, health conditions, and risk factors
  • Consistent monitoring and documentation of skin condition and overall well-being
  • Timely medical attention when changes or injuries are identified
  • Adequate staffing and supervision to ensure care routines are carried out as intended
  • Clear communication among staff and with residents’ families about care needs and changes

Because laws vary by state, the specifics of nursing home liability can differ depending on where the facility is located. However, the underlying principle remains consistent: residents are entitled to attentive, respectful care that protects their health and safety.

 

What to Do If You’re Worried About a Loved One

If you’re seeing signs that don’t sit right, it’s important to act on them. Unexplained wounds, delayed treatment, or vague explanations can reflect gaps in the day-to-day care a resident is receiving. 

Above all, trust your instincts. Concern for a loved one’s well-being is not an overreaction. It’s often the first step toward protecting them. And when you discover neglect, speaking with a law firm specializing in nursing home neglect, like Morgan & Morgan, makes the path forward easier to navigate.

With 1,000+ trial-ready attorneys and offices coast to coast, our team is prepared to stand up against any negligent nursing home and hold them accountable. Take the first step toward protecting your loved one today with a free, no-risk case evaluation.

 

Frequently Asked Questions

 

1. Are bedsores a sign of nursing home neglect?

Bedsores can be a sign of neglect, especially when they are advanced, untreated, or develop without a clear medical explanation. Because most pressure injuries are preventable with proper care, their presence often raises questions about whether basic care standards were met.

 

2. How do bedsores develop in nursing homes?

Bedsores typically develop when prolonged pressure reduces blood flow to the skin. In nursing homes, this can occur if residents are not repositioned regularly or if skin checks, nutrition, and hydration are not adequately addressed.

 

3. Are bedsores ever unavoidable in elderly nursing home residents?

Some residents face higher medical risks, but bedsores are not considered an inevitable part of aging. With consistent monitoring and preventative care, many pressure injuries can be avoided or treated early before becoming severe.

 

4. When is a nursing home legally responsible for bedsores?

A nursing home may be held responsible when bedsores result from inadequate care, such as missed repositioning, delayed treatment, or insufficient monitoring. Liability is generally evaluated by reviewing care records and whether accepted standards were followed.

 

5. What evidence is used in a nursing home bedsore neglect case?

Evidence often includes medical records, care plans, skin assessment notes, repositioning logs, and staffing documentation. These records help show how care was provided over time and whether preventative measures were in place.

 

6. How long do families have to file a nursing home bedsore claim?

The time limit for filing a claim depends on state law and the specific circumstances of the case. Speaking with an attorney can help families understand applicable deadlines and preserve important records.

Disclaimer
This website is meant for general information and not legal advice.