New York City
Bedsore Lawyer

If you have a loved one in a nursing home, assisted living facility, or hospital in New York City, you expect them to receive safe and attentive care. Unfortunately, bedsores, also called pressure ulcers or decubitus ulcers, are a common sign of neglect. These painful wounds often form when patients are left in one position too long or are not properly cared for. If your family member has developed bedsores due to negligence, our NYC bedsore lawyer | New York nursing home abuse attorney can help you understand your legal rights and seek compensation for the harm caused.

The Silbowitz Firm has extensive experience handling nursing home abuse cases in New York City, including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. We also serve surrounding areas like Nassau, Suffolk, and Westchester counties. Bedsores are not just painful—they can be dangerous and even life-threatening, and families should know when to take action.

What Are Bedsores?

Bedsores are injuries to the skin and underlying tissues caused by prolonged pressure on a specific area of the body. They usually appear over bony areas such as the tailbone, heels, hips, elbows, and shoulders. People who are bedridden, use wheelchairs, or have limited mobility are at the highest risk.

Bedsores develop in stages:

• Stage 1: Skin is red or discolored but not broken. It may feel firm, warm, or itchy. Early intervention can prevent further damage.
• Stage 2: The top layer of skin breaks open, forming a shallow ulcer or blister. Pain and risk of infection increase at this stage.
• Stage 3: The ulcer extends through the skin into the fatty tissue beneath. The sore may appear crater-like, drain fluid, and develop a foul odor.
• Stage 4: Full-thickness tissue loss exposes muscle, ligaments, tendons, or bone. Stage 4 bedsores are extremely serious and may cause severe infection, sepsis, or permanent damage.
  

Common Causes of Bedsores in Nursing Homes

Bedsores are often preventable. When they occur, it usually points to a failure in care. Some common causes include:

• Immobility: Patients who are not repositioned regularly suffer constant pressure on vulnerable areas, reducing blood flow and causing tissue damage.
• Malnutrition and Dehydration: Poor diet or inadequate fluid intake makes skin more fragile and slows healing.
• Poor Hygiene: Exposure to urine or feces weakens skin and increases the risk of ulcers.
• Friction and Shear: Sliding in bed or rubbing against sheets can tear or weaken the skin.
• Inadequate Staffing or Training: Facilities with low staff levels or poorly trained caregivers often fail to follow proper prevention protocols.

Signs Families Should Watch For

Families play a crucial role in spotting bedsores early. Warning signs include:

• Redness, discoloration, or black areas on the skin
• Swelling or unusual warmth/coolness in a specific area
• Open wounds or blisters
• Pain or discomfort reported by the resident
• Reluctance from staff to allow skin inspections

Documenting these signs and acting quickly can make a difference in both health outcomes and legal cases.

Legal Grounds for a Bedsore Lawsuit in New York

Bedsores caused by neglect may give rise to several types of legal claims:

• Negligence: A facility owes a duty of care to residents. Failing to reposition patients, monitor skin, or maintain hygiene can constitute negligence.
• Medical Malpractice: If licensed medical personnel fail to follow accepted standards, a malpractice claim may be appropriate. Expert testimony is often required.
• Wrongful Death: If a bedsore leads to fatal complications like sepsis, surviving family members may file a wrongful death claim to recover funeral expenses, loss of financial support, and other damages.
• Public Health Violations: Under New York law, residents may pursue claims for the deprivation of legal rights, such as the right to proper care and monitoring.
  

Who Can Be Held Liable for Bedsore Injuries?

Several parties may be responsible:

• Nursing Homes and Hospitals: Facilities must implement and enforce policies for skin care, repositioning, and nutrition.
• Administrators: Managers who fail to provide adequate staff or resources may contribute to neglect.
• Licensed Medical Providers: Doctors and nurses may be liable if they fail to detect or properly treat bedsores.
• Aides and Orderlies: Caregivers who do not follow care plans or neglect daily duties can be responsible.

Liability is often shared, so it is important to investigate all potential sources of negligence.

The Danger of Stage 4 Bedsores

Stage 4 bedsores are the most severe. They extend beyond the skin into muscle, ligaments, tendons, and sometimes bone. Victims may experience extreme pain, infections like cellulitis or sepsis, and tissue death. Recovery can be complicated, requiring specialized medical care. Families facing a Stage 4 bedsore should seek immediate medical attention and contact an experienced bedsore lawyer to consider legal action.

How Bedsore Lawsuits Work in New York

While each case differs, most follow a similar process:

• Consultation: A lawyer reviews medical records and care documentation.
• Investigation: Experts may evaluate care practices and deviations from standards.
• Filing a Lawsuit: A complaint is submitted in the appropriate court.
• Discovery: Both sides exchange evidence, depose witnesses, and obtain expert reports.
• Settlement Discussions: Many cases resolve through settlements if liability is clear.
• Trial: If a settlement is not reached, a judge or jury determines liability and damages.
• Appeal: Either side may appeal the verdict if there are legal grounds.

Statute of Limitations

Time limits for filing claims vary:

• Medical Malpractice: 2.5 years from the date of injury
• Negligence: 3 years from the incident
• Wrongful Death: 2 years from death
• Public Facilities: 90-day notice; 1 year and 90 days to sue

Exceptions may apply for minors, mental incapacity, or fraud concealment. Acting quickly ensures your claim is not barred by deadlines.

Compensation Available in Bedsore Cases

Victims of bedsores may be entitled to various damages:

• Medical Expenses: Cost of treatment, surgeries, wound care, and hospital stays
• Pain and Suffering: Non-economic damages for physical and emotional pain
• Loss of Enjoyment of Life: Limitations on daily activities and independence
• Wrongful Death: Funeral expenses, lost support, and companionship
• Future Medical Needs: Long-term care, special equipment, and ongoing treatments
• Punitive Damages: Rare, but possible if conduct was willful or egregious

Courts consider the severity of the injury, impact on the victim’s life, and the circumstances of neglect when awarding damages.

How to Protect Your Loved One

Families should take proactive steps to prevent bedsores and protect legal rights:

• Inspect skin regularly, especially over bony areas
• Monitor for redness, swelling, or open wounds
• Ensure proper nutrition and hydration
• Request repositioning schedules and adherence documentation
• Keep a record of staff communications and care activities

These actions support both health outcomes and potential legal claims.

Why Choose a NYC Bedsore Lawyer | New York Nursing Home Abuse Attorney

We provide experienced legal representation for families dealing with nursing home abuse. Our team helps clients:

• Understand their options for filing claims
• Investigate negligence thoroughly
• Collect medical records and expert testimony
• Pursue maximum compensation for injuries and losses
• Offer guidance and support during an emotional time

We serve all five boroughs of New York City and the surrounding counties. Bedsores and neglect cases are complex, but we provide clear advice and strong advocacy to hold responsible parties accountable.

Contact Us for a Free Consultation

If your loved one has suffered a bedsore due to neglect or abuse, contact us as soon as possible. Early action helps protect medical and legal rights. Call (516) 375-6692 or reach out online to schedule a free consultation. Our team at The Silbowitz Firm will review your case confidentially, explain your options, and work to get the compensation your family deserves.