Bed Sores

There are four different stages of severity in bed sores. When there is a stage four ulcer, the bed sore may expose muscles, bones, or tendons, and the bottom of the wound contains dead yellowish or dark tissue. The damage may go deep below the skin. By the time that a bed sore becomes a deep tissue injury, there is a blood-filled blister, the area is painful, and it is either firm or mushy and altered in temperature compared with the surrounding skin.

Both state and federal laws require nursing home staff to use reasonable care when caring for nursing home residents. They are supposed to turn residents often, as repeated movements and turning helps reduce the possibility of a bed sore. Unfortunately, since nursing homes are understaffed, many patients do not get turned as often as they should be turned. Bed sores may result in serious infections, sepsis, and even death.

The Tennessee Adult Protection Act creates a civil right of action for covered adults who are victims of neglect or abuse. Usually, a nursing home resident will count as an adult covered by the law. It may be possible to recover compensatory damages, and when a nursing home’s actions are especially egregious, it may be appropriate to pursue punitive damages. There may also be grounds to bring suit for medical malpractice.

If a loved one dies because of a nursing home’s negligent failure to treat bed sores appropriately, it may be possible to recover damages for wrongful death. Each state has its own rules related to wrongful death. In Tennessee, certain surviving family members or the decedent’s estate may file a wrongful death lawsuit. In this lawsuit, damages may include loss of enjoyment of life, mental anguish, physical and mental suffering by family members due to the death, loss of time and expenses paid by family members, and the loss of the decedent’s love, society, and companionship.