As we age and watch our surviving parents and loved ones age, our hope is that their medical and social needs will be taken care of in their declining years. One of our biggest fears is that our loved ones, whether for financial reasons or because of declining health, may have to be admitted to an assisted living facility or a nursing home where they might be neglected, or worse, abused. Unfortunately, we are handling more and more of these cases. Nursing home workers sometimes leave patients unattended. If the patients are bed-bound, even for a few months, pressure sore ulcers can occur. This should virtually never happen, if the patients are properly cared for and constantly turned. Once pressure sores develop, they can lead to infection, limb amputation, and sometimes death.
If your loved one is the victim of nursing home abuse or neglect, bed sores or medical staff failure, you need the guidance of an experienced, AV-rated attorney. Our White Plains nursing home attorneys will aggressively advocate for your right to monetary damages. Contact a Westchester County nursing home neglect attorney today.
Lillian Bullard v. Daughters of Jacob Nursing Rehabilitation Center and Salome Oby Ordu, LNP, Index No. 14849/05 (Bronx Co. Sup. Ct.) was a nursing home "bed sore case" that settled for $369,000. Unfortunately, Ms. Bullard died shortly after filing suit and the case was seen through to its conclusion by the family for the conscious pain and suffering of the decedent, Lillian Bullard, whose lower left limb had to be amputated as a direct result of the "bed sore."
Sometimes bed sore cases can overlap with theories of medical malpractice. In Trainor v. Westchester County Health Care Corp. d/b/a Westchester Medical, et al Center 2009 WL 6043095 (Westchester Sup.) the plaintiff, Eric Trainor, 26, a construction worker, sustained a traumatic injury that caused permanent quadriplegia. He was transported to Westchester Medical Center, in Valhalla During his hospitalization, Mr. Trainor developed three decubitus ulcers, which are commonly termed "bedsores." The sores progressed to stage-IV status, and at trial we claimed that they greatly restricted the amount of rehabilitation that he was able to undergo. We argued to the jury that the bedsores were a product of the hospital's staff's failure to properly manage his convalescence.
We also contended that Mr. Trainor's quadriplegia stemmed from the C6 level of his spine, and that properly rehabilitated C6 quadriplegics can perform some everyday activities, including the operation of a motor vehicle and/or a self-propelled wheelchair. We contended that Mr. Trainor's bedsores impeded his ability to undergo more than one hour of daily rehabilitation, and as a result he permanently lost the ability to become a higher functioning quadriplegic. The jury returned a verdict of $2.6 million dollars which was reduced pursuant to a previously negotiated $800,000/$100,000 high/low agreement.