When a loved one moves into a nursing home in Baltimore or anywhere in Maryland, you expect them to receive basic, attentive care. One of the most common signs that this level of care is missing is the appearance of bedsores, also known as pressure ulcers or decubitus ulcers.
If you are wondering if you can take legal action for these injuries, the answer is yes; bedsores and pressure ulcer lawsuits are a way to hold Maryland nursing homes accountable for neglect. Here’s an overview of how these injuries happen, what your legal rights are under state law, and how the legal process works for families seeking justice.
Key Takeaways about Maryland Nursing Home Lawsuits involving Bedsores and Pressure Ulcers
- Pressure ulcers are often considered a “never event,” meaning they should not occur if a facility follows proper medical standards.
- Maryland law requires nursing homes to assess every resident for the risk of developing skin breakdowns upon admission.
- Federal regulations through the Centers for Medicare & Medicaid Services (CMS) set strict guidelines for how facilities must prevent and treat these wounds.
- Victims and their families may be eligible for compensation covering medical bills, pain, suffering, and emotional distress.
- Legal claims for nursing home neglect in Maryland must typically be filed within a specific time frame known as the statute of limitations.
These facts provide a foundation for understanding why these cases are taken so seriously in the Maryland legal system.
Understanding Bedsores and Why They Are a Sign of Neglect
A bedsore is a type of skin injury caused by staying in one position for too long. When a person sits or lies down, the weight of their body presses against the surface of the bed or chair. This pressure can squeeze the tiny blood vessels that supply the skin with nutrients and oxygen. If the pressure isn’t relieved by moving the person, the skin and the tissue underneath can begin to die.
In many cases, these injuries are a direct result of negligence. Negligence is a legal term that means a person or organization failed to act with the level of care that a reasonable person would have used in the same situation. For nursing homes, this often means they didn’t have enough staff to turn residents every few hours or they didn’t keep the resident’s skin clean and dry.
- Pressure ulcers most often develop on “bony” parts of the body, such as the heels, ankles, hips, and tailbone.
- Facilities are required to use special equipment, like pressure-relieving mattresses or cushions, for residents at high risk.
- Proper nutrition and hydration are essential for keeping skin healthy and helping existing wounds heal.
When a facility ignores these basic needs, it is not just making a mistake; it is failing to meet its legal obligation to the resident.
The Four Stages of Pressure Ulcers
For bedsores, doctors and lawyers assess the “stage” of the wound to determine the severity of the neglect. The higher the stage, the more dangerous the injury is for the resident.
- Stage 1: The skin is not broken, but it looks red or discolored. It might feel warmer or cooler than the skin around it.
- Stage 2: The top layer of skin is broken, creating a shallow open sore or a blister.
- Stage 3: The wound goes deeper into the fat tissue below the skin and may look like a small crater.
- Stage 4: This is the most severe stage, where the damage reaches the muscle, tendons, or even the bone.
A Stage 4 ulcer is a medical emergency that can lead to life-threatening infections. These stages help show the court exactly how long the neglect may have been going on.
The Role of Infections and Complications
Bedsores are not just painful skin wounds; they are gateways for dangerous bacteria to enter the body. When a wound reaches Stage 3 or Stage 4, the risk of serious complications skyrockets. These complications are often what lead to the most significant nursing home lawsuits.
- Sepsis: This is a life-threatening reaction to an infection that spreads through the bloodstream.
- Cellulitis: A painful infection of the deep layers of the skin and the soft tissues underneath.
- Bone Infections (Osteomyelitis): When an infection from a bedsore reaches the bone, it can cause permanent damage and may require surgery.
These complications often require the resident to be moved to a hospital like the University of Maryland Medical Center for intensive treatment. The cost of this extra medical care should be paid for by the facility that allowed the sore to happen.
Why Bedsores Happen in Maryland Nursing Homes
Most nursing homes in Baltimore and across the state are run by large companies. Sometimes, these companies focus more on making money than on hiring enough nurses and aides. When a facility is understaffed, the few workers who are there might be too busy to check on every resident as often as they should.
Common causes of bedsores include:
- Failing to turn or reposition a resident at least every two hours.
- Leaving a resident in soiled clothing or adult diapers for a long time, which irritates the skin.
- Not checking the skin daily for early signs of redness or irritation.
- Failing to provide enough water or healthy food, which makes the skin more fragile.
When these basic tasks are skipped, it is usually because the facility has not provided the staff with the tools or time they need to do their jobs correctly.
Maryland Laws Protecting Nursing Home Residents
Maryland has specific rules to protect seniors and people with disabilities in care facilities. These laws state that every resident must receive the care necessary to prevent the development of new sores unless their clinical condition shows they are unavoidable.
The law also protects the “Resident’s Bill of Rights.” These rights include:
- The right to be free from all forms of abuse and neglect.
- The right to receive high-quality medical and personal care.
- The right to be informed about your medical condition and any changes in health.
If a nursing home breaks these rules, they can be held responsible in a court of law.
Proving Liability in a Pressure Ulcer Case
Liability is a legal word for “responsibility.” To win a lawsuit, you must prove that the nursing home was responsible for the injury. This involves showing that the facility owed the resident a duty of care, that they breached (broke) that duty, and that the breach caused the injury.
To build a strong case, families and their legal teams often look for specific evidence:
- Staffing logs that indicate whether there were enough personnel working on the days the sore developed.
- Medical records that should track when the resident was turned or when their skin was checked.
- Photos of the wound to show its size, depth, and location.
- Internal facility reports, often called “incident reports,” which might document the discovery of the wound.
By gathering this information, you can create a clear picture of how the facility failed to protect your loved one.
Compensation in Nursing Home Neglect Cases
When a family files a lawsuit, they are seeking “damages.” Damages is the legal term for the money paid to a victim to make up for their losses. In Maryland, there are two main types of damages: economic and non-economic.
- Economic damages include things you can count, like hospital bills, physical therapy costs, and the cost of moving to a better facility.
- Non-economic damages cover things that don’t have a specific price tag, like physical pain, emotional suffering, and the loss of enjoyment of life.
- In rare cases where the neglect was extremely shocking, a court might award “punitive damages” to punish the nursing home and stop them from doing it again.
While no amount of money can take away the pain your loved one felt, it can help pay for the best possible care moving forward and hold the negligent party accountable.
The Legal Process in Maryland
Maryland has a unique way of handling medical neglect cases. Most cases must first go through a process called “Health Claims Arbitration.” This involves filing a claim with the Maryland Health Care Alternative Dispute Resolution Office. This office helps determine if the case has merit before it moves to the traditional court system.
Steps in the legal process usually include:
- Investigation: Collecting all medical records and hiring medical experts to review the care.
- Filing the Claim: Officially starting the legal process by submitting paperwork to the state.
- Discovery: A period where both sides exchange information and ask questions of witnesses under oath.
- Mediation: An attempt to settle the case out of court with the help of a neutral third party.
- Trial: If a settlement cannot be reached, the case goes before a judge or jury.
This process can take time, but it is the path to ensuring that the facility answers for its actions.
Statute of Limitations for Bedsores in Maryland
A statute of limitations is a legal deadline. It is a law that says you only have a certain amount of time to file a lawsuit after an injury happens. In Maryland, the time limit for most personal injury and medical neglect cases is generally three years from the date the injury was discovered.
- The clock usually starts ticking the day you find out about the bedsore.
- If the resident passes away because of the injury, the family may file a “wrongful death” claim, which also has a three-year deadline.
- Waiting too long can result in the court dismissing your case, regardless of how much evidence you have.
Because these deadlines are strict, it is important to talk to someone who understands the law as soon as you notice a problem.
What to Do When You Find a Bedsore
If you are visiting a family member at a facility in Baltimore or nearby areas like Towson or Glen Burnie, and you see a red spot or an open wound, you must act quickly. Your actions can help your loved one get better and protect your legal rights later on.
- Demand an immediate evaluation by a doctor or a wound care nurse.
- Take clear, dated photographs of the injury from different angles.
- Ask to see the “turning logs” or the “skin assessment” records for the past week.
- Report the injury to the Maryland Department of Health’s Office of Health Care Quality (OHCQ).
Documenting everything from the start makes it much harder for the nursing home to claim that the injury “just happened” or was “unavoidable.”
Maryland Nursing Home Bedsores and Pressure Ulcer FAQs
If you are dealing with a potential neglect case, you likely have many questions about how the law works and what to expect. Here are some common things families ask when they are considering taking legal action.
Can I file a lawsuit if my loved one has already passed away?
Yes, if a person dies because of a pressure ulcer or complications from neglect, the surviving family members can file a wrongful death lawsuit. This type of case seeks to hold the facility accountable for the loss of the loved one and can provide compensation for funeral expenses and the emotional loss of the family.
What if the nursing home says the bedsore was unavoidable?
Medical facilities often claim that some sores cannot be stopped, especially in very sick or elderly patients. However, for a sore to be truly “unavoidable,” the facility must prove that it did everything possible to prevent it, including turning the patient, providing perfect nutrition, and using special mattresses. If they missed even one of these steps, the sore may be considered a result of neglect.
How do I pay for a lawyer in a nursing home neglect case?
Most lawyers who handle these cases work on what is called a “contingency fee” basis. This means you do not pay any money up front. The lawyer only gets paid if they win your case or get you a settlement. Their fee is a percentage of the money you receive, so there is no financial risk to your family to start the process.
Can the nursing home kick my loved one out if I file a lawsuit?
It is illegal for a nursing home to kick a resident out simply because the family filed a lawsuit or a complaint with the state. This is called retaliation, and there are strong laws to prevent it. If you are worried about your loved one’s safety, your legal team can help you find a new, safer facility while the case moves forward.
Contact Steven H. Heisler The Injury Lawyer Today
If you have discovered that a loved one is suffering from painful pressure ulcers, you need a fighter in your corner. Steven H. Heisler has spent his career standing up for the people of Baltimore, from his days as a Golden Gloves boxer to his work as a union organizer and now as a dedicated personal injury attorney. He knows that nursing home corporations have deep pockets and expensive legal teams, but he is not afraid to take them on to get you the justice you deserve.
Don’t let a negligent nursing home get away with hurting your loved one. Whether the facility is in the heart of Baltimore or in the surrounding counties, we are ready to stand up for your rights and fight for the maximum compensation possible. Time is a factor in these cases, as evidence can disappear and deadlines can pass.