In the event a provider’s negligence caused your pressure ulcers, you may be entitled to compensation. Although there may be instances where pressure ulcers couldn’t have been avoided, medical staff must monitor patients and periodically move them into different positions to prevent this injury. Pressure ulcers, also called bedsores, put patients at risk of suffering various complications, some of which can have long-term or even fatal consequences.
Building a Florida malpractice case can prove difficult quickly, especially when you’re trying to get better or care for a family member. With that, you may want to turn to a Florida medical malpractice lawyer from our firm for support.
You May Seek Compensation For A Pressure Ulcer In A Florida Malpractice Case
As long as you can prove a medical practitioner’s negligence caused a pressure ulcer, you can pursue a malpractice case and seek compensation. When establishing medical negligence, your lawyer must:
- Demonstrate a doctor-patient relationship between you and the healthcare provider existed.
- Establish the standard of care for that profession, and show that this party failed to provide care up to the standard expected of them.
- You developed a pressure ulcer because of their actions or inactions.
- You now face damages as a result of this pressure ulcer.
Your attorney can gather different forms of evidence to substantiate your claims for medical malpractice. Although it will depend on the nature of your case, it’s common for them to collect:
- Any current and previous incident reports involving the provider
- Video surveillance
- Expert witness testimony
- Medical records
- Relevant photographs
- Staff logs
- Facility policies and regulations
Expert witness testimony is especially important since Florida law requires it in malpractice cases. Your attorney will use all this information to construct the story of who and what caused your pressure ulcer, as well as how it’s affected you up to this point. This way, they will be able to showcase your eligibility for compensation.
Common Types Of Compensation In Malpractice Cases
The compensation you may recover will be unique to your circumstances. Your Florida personal injury lawyer will study different factors of your case to determine what your total compensation should look like. Some of them may be the following:
- Your medical treatment
- If you can work
- The severity of your pressure ulcer and the impact of the injuries on your health
- How this has affected your family
- Your psychological well-being
When accounting for these and other factors, we can seek damages such as:
- Medical bills
- Lost income
- Reduced earning capacity
- Pain and suffering
- Scarring and disfigurement
- Mental anguish
In the worst cases, people lose their lives from complications from bedsores. If that was what happened to your loved one, you may have grounds to file a wrongful death case. Losses such as funeral and medical expenses, loss of guidance, consortium, and wages may be available. One of our wrongful death lawyers in Florida can tell you more about pursuing this action.
How Malpractice Can Cause Pressure Ulcers
According to Mayo Clinic, pressure ulcers are injuries that the skin and tissues under the skin sustain due to long-term pressure on the skin. They often occur in the back of the head, hips, buttocks, shoulder blader, spine, or back of the arms or legs. Those who spend a lot of time in bed or a wheelchair are at the highest risk of developing this condition.
The three main causes of pressure ulcers include the following:
- Constant pressure
- Friction
- Shear
Medical staff must frequently change a patient’s position to avoid persistent stress on the skin. Eating and drinking regularly can also help prevent this condition, as it will help maintain healthy skin and keep tissues from breaking down.
How Do The Long-Term Effects Of A Pressure Ulcer Influence The Case?
There are various symptoms of pressure ulcers, such as:
- Swelling
- Changes to the color and texture of the skin
- Pus in the affected area
- Sore or broken skin
Pressure ulcers range in severity, so treating them may only take a few days if they are mild. However, in the most serious scenarios, patients can develop cellulitis, joint and bone infections, sepsis, or cancer.
The worse the injury is, and the more medical intervention is required, the more compensation that may be available.
Who Is Liable For A Pressure Ulcer Malpractice Case?
Liability can be tricky when forming a malpractice case, as multiple parties are typically involved. A nurse, doctor, caretaker, aide, or the hospital itself could be responsible for what happened if they didn’t closely monitor you or treat your injuries.
However, if you were to sue someone, odds are you wouldn’t sue an individual. Since you or a loved one probably incurred this condition at a facility, it would assume liability on behalf of the healthcare worker whose negligence caused it. Complex insurance policies and employment statuses of certain providers can make these cases particularly difficult to navigate without legal help.
How Long You Have To File A Malpractice Case For A Pressure Ulcer
You must follow Florida’s statutory deadline to secure compensation in a medical malpractice case. According to Florida Statutes § 95.11, you generally have two years from the day the pressure ulcer was discovered or should have been discovered to file. In the event your loved one passed away from related complications, you must usually sue by the second anniversary of their demise.
There are many circumstances that could affect how long you have to file, and it can be tricky to determine what day this deadline begins. If you miss the deadline, the state might not let you file at all. With so much at stake, it’s best to let a malpractice lawyer review you claim to determine how long you have to file.
Call Us for Assistance With Your Malpractice Case Today
Allow one of our lawyers to pursue compensation for a pressure ulcer in your malpractice case on your behalf. It’s our job to get the money you deserve so you don’t have to. With that, you just worry about getting better. We’ll take care of everything else.
Reach out to Anidjar & Levine today for a free consultation with a member of our team.
We Can Help.
