How Much Is a Bedsore Case Worth?

When your loved one needs a nursing home or care facility, you trust that the team you choose will keep them safe, comfortable, and treat them with dignity. Finding out they have developed bedsores, also called pressure sores or pressure ulcers, can be one of the most painful discoveries a family makes. 

These wounds are almost always preventable. In most cases, they are a direct sign of neglect. If someone you love has suffered from bedsores due to a facility's failure to provide proper care, you may have the right to take legal action. And you deserve to know what that could mean for your family.

There is no one-size-fits-all answer to how much a bedsore case is worth, but there are key factors that determine the value of a claim. Here's what you need to know:

Bedsores Are a Warning Sign, Not an Inevitability

Bedsores develop when a person stays in the same position for too long, cutting off circulation to the skin and damaging cells. The elderly and immobile are more at risk of developing one in a nursing home, but they’re still an entirely preventable condition with the right care.

Staff are trained to reposition residents regularly, monitor skin condition, and respond quickly to early warning signs. When facilities fail to follow these basic protocols, whether due to understaffing, negligence, or indifference, it’s the residents they oversee that pay the price.

Bedsores can progress through four stages:

• Stage 1: Skin discoloration or redness that doesn’t fade
• Stage 2: A shallow open wound or blister
• Stage 3: Deep tissue damage extending below the skin
• Stage 4: Severe wounds exposing muscle, bone, or tendon

Stage 3 and Stage 4 bedsores are the most serious, and cases involving these injuries often carry the greatest weight in a legal claim. At this level of harm, the physical suffering is immense, and the negligence that allowed it to happen is often clear.

What Can You Sue For in a Bedsore Case?

A bedsore lawsuit holds a negligent facility accountable for every consequence of their failure to provide proper care, from the wound to the suffering, and everything that follows. Compensation in these cases typically falls into three categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic Damages

These are the measurable financial losses tied to the injury. They can include:

• Medical expenses: Hospital visits, wound care, surgery, infection treatment, and rehabilitation
• Future medical costs: Ongoing treatment if the damage is permanent
• Cost of transferring to a new facility that provides adequate care

Non-Economic Damages

These damages speak to the human cost of negligence. They are things that can't be captured in a receipt but matter just as much:

• Pain and suffering endured by your loved one
• Emotional distress
• Loss of dignity and quality of life

Punitive Damages

In cases involving especially egregious or reckless conduct, courts may award punitive damages. These are not meant to compensate the victim but to punish the facility and deter future neglect, significantly increasing the overall value of a case.

Factors That Affect the Value of a Bedsore Case

What you’ll receive after a successful bedsore case aims to “make you whole,” meaning compensate you for the financial, physical, and emotional consequences of the at-fault party’s negligence. Several factors will influence what your specific claim may be worth:

• Severity of the injury: A Stage 4 bedsore that leads to life-threatening infection or permanent damage will carry far more weight than a minor Stage 1 wound that was caught and treated early.
• The facility's track record: If the nursing home has a history of citations, complaints, or violations from regulatory agencies, that pattern of neglect can strengthen your case and increase its value.
• Documentation of care failures: Evidence matters. Staff logs, medical records, photographs of the wounds, and witness accounts all help establish that the facility breached its duty of care.
• Wrongful death: When bedsore-related complications, such as sepsis or systemic infection, result in the death of a resident, the case may become a wrongful death claim. These cases often involve additional damages, including loss of companionship and funeral costs.
• Jurisdiction: State laws vary on things like damage caps, statutes of limitations, and what types of compensation are available. An experienced attorney will know how the law in your state applies to your case.

You Deserve Someone in Your Corner

Nursing homes and their insurance companies have legal teams working to protect their interests. You deserve the same level of representation, and that's exactly what Morgan & Morgan provides for no upfront costs.

Our team has spent more than two decades fighting for people who were failed by the institutions that were supposed to protect them. We know how these cases work: how to build them, how to negotiate them, and when to take them to trial.

If you believe your loved one's bedsores were caused by nursing home negligence, contact Morgan & Morgan today for a free, no-obligation case evaluation.

Frequently Asked Questions

1. Can I sue a nursing home for bedsores?

Yes. If a nursing home failed to take reasonable steps to prevent or treat your loved one's bedsores, such as regularly repositioning residents, monitoring skin health, or responding to early signs of breakdown, they may be held legally liable for negligence. Our nursing home lawyers can help you evaluate whether the facility breached its duty of care.

2. What stage of bedsore is needed to file a lawsuit?

You can potentially file a claim at any stage, but cases involving Stage 3 or Stage 4 bedsores, where serious tissue damage has occurred, tend to be the most compelling from a legal standpoint. The more severe the injury and the clearer the signs of neglect, the stronger the case.

3. What if my loved one passed away from bedsore complications?

If a resident died due to complications stemming from pressure sores, such as sepsis or systemic infection, the family may have grounds for a wrongful death lawsuit. These cases seek to hold the facility accountable and can include damages for the resident's pain and suffering, as well as the family's losses.

4. How do I prove nursing home negligence in a bedsore case?

Building a strong case involves gathering evidence that shows the facility failed in its duty of care. This can include medical records and nursing notes, photographs of the wounds, staff schedules and care logs, state inspection reports or prior violations, and testimony from medical experts.

5. How long do I have to file a bedsore lawsuit?

The time limit for filing a lawsuit, known as the statute of limitations, varies by state. In many states, you have two to three years from the date of the injury or the date you discovered the neglect. Waiting too long can mean losing your right to file entirely. If you have concerns, speak with our team as soon as possible.