Discovering that your loved one has developed painful, infected wounds while under professional care can be devastating. Bedsores—also called pressure ulcers or decubitus ulcers—represent one of the most common and preventable injuries in nursing homes. When these injuries occur due to neglect, families have legal options to pursue justice and compensation. A Baltimore bed sore lawyer can investigate the facility’s negligence, hold responsible parties accountable, and help your family recover the compensation your loved one deserves.
Key Takeaways for Bedsores & Nursing Negligence
- More than 1 in 10 nursing home residents have experienced pressure ulcers, making them one of the most common injuries in long-term care facilities.
- Maryland law requires filing personal injury claims within three years from when the injury occurred or was discovered, making prompt legal action essential for protecting your rights.
- Tissue damage from unrelieved pressure can begin within 1-2 hours, underscoring why facilities should implement regular, individualized repositioning as part of comprehensive prevention plans.
What Are Bedsores and How Do They Develop?
Bedsores are wounds that form when prolonged pressure on the skin cuts off blood flow to tissues. Without adequate oxygen and nutrients, skin cells die and create open sores. These injuries typically develop over bony areas, including the hips, heels, tailbone, shoulder blades, elbows, and the back of the head. You need a lawyer when these preventable injuries occur due to neglect, as legal representation can help hold the nursing facility accountable and secure compensation for your loved one’s suffering.
According to the Centers for Disease Control and Prevention, more than 1 in 10 nursing home residents had pressure ulcers in a national study. The injuries progress through four distinct stages based on tissue damage severity.
The four stages of pressure ulcers include:
- Stage 1: Non-blanchable redness (erythema) over intact skin, often over bony areas, with the area possibly feeling warm, firm, or painful
- Stage 2: Partial-thickness skin loss with blisters or shallow open wounds affecting the outer layers
- Stage 3: Full-thickness skin loss exposing fatty tissue, often resembling a crater with possible dead tissue
- Stage 4: Deep wounds exposing muscle, tendon, or bone with extensive tissue destruction and high infection risk
Tissue damage from unrelieved pressure can begin within 1-2 hours if patients remain in the same position without movement or pressure relief. This rapid development timeline underscores the critical importance of frequent repositioning and vigilant monitoring.
When Do Bedsores Indicate Nursing Home Negligence?
Not every bedsore results from negligence. Some elderly residents with multiple severe health conditions may develop pressure injuries despite appropriate care. However, advanced-stage bedsores—particularly Stage 3 and Stage 4 wounds—often signal inadequate attention and substandard nursing care.
Facilities have clear legal duties to prevent pressure ulcers through evidence-based protocols. The Agency for Healthcare Research and Quality emphasizes that nursing homes must implement comprehensive prevention programs, including risk assessments, repositioning schedules, and proper nutrition.
Prevention measures nursing homes should implement:
- Conducting thorough skin assessments upon admission and regularly thereafter
- Implementing regular, individualized repositioning at clinically appropriate intervals (often about every two hours in bed) as part of a comprehensive prevention plan
- Using pressure-relieving mattresses, cushions, and positioning devices for at-risk residents
- Maintaining adequate nutrition and hydration to support skin health
- Keeping skin clean and dry, managing incontinence promptly
When facilities fail to implement these basic standards and bedsores develop as a direct result, they may be liable for negligence. Documentation showing staff ignored repositioning schedules, failed to conduct skin assessments, or left residents in soiled bedding for extended periods strengthens negligence claims. You have to file an insurance claim promptly to pursue compensation for medical expenses, pain, and suffering caused by the facility’s neglect.
Warning Signs Families Should Recognize
Early detection dramatically improves outcomes for pressure ulcer treatment. Family members play a vital role in monitoring loved ones for signs of developing wounds or inadequate care.
Early pressure injuries often present as areas of redness that may persist even after pressure is relieved. People with darker skin tones should watch for patches that turn darker, feel warm to the touch, or show changes in skin texture.
Additional warning signs suggesting potential neglect:
- Staff resistance to showing you your loved one's body during visits
- Evasive or inconsistent answers about skin condition
- Foul odors suggesting infected wounds or delayed hygiene care
- Visible weight loss or signs of malnutrition
- Soiled bedding or clothing indicating delayed incontinence care
- Understaffing apparent during visits with call lights going unanswered
Trust your instincts. If something feels wrong about the level of care your family member receives, investigate further and document your concerns with photographs, notes, and dates. Can you sue for nursing home neglect depends on proving that the facility’s actions or inaction directly caused harm, such as bedsores or other preventable injuries.
Your Legal Rights Under Maryland Law
Maryland law provides multiple avenues for families to pursue justice when nursing home negligence causes bedsores. Understanding the legal framework helps you take timely action protecting your rights.
Statute of Limitations and Pre-Suit Requirements
Maryland law requires filing personal injury claims within three years from when the injury occurred or was discovered. This deadline applies whether you pursue claims for ongoing injuries or wrongful death resulting from infected bedsores.
Claims that qualify as health-care malpractice have extra steps, including pre-suit filing with Maryland's Health Care Alternative Dispute Resolution Office and a Certificate of Qualified Expert within 90 days. An experienced attorney helps you navigate these requirements and determine which apply to your specific situation.
Compensation Available in Bedsore Cases
Successful nursing home negligence claims may recover multiple types of damages addressing the full scope of harm caused by preventable pressure ulcers.
Economic damages compensate measurable financial losses:
- Additional medical treatment costs for wound care, antibiotics, and surgical debridement
- Hospitalization expenses when bedsores require acute care
- Costs of relocating your loved one to a different facility
- Future medical care needs for ongoing wound management
Non-economic damages address intangible suffering:
- Physical pain endured from painful, infected wounds
- Emotional distress and mental anguish
- Loss of dignity from inadequate personal care
- Permanent scarring or disfigurement
Maryland law caps non-economic damages in most personal injury cases, with limits that adjust annually for inflation. In health-care malpractice cases, a separate cap applies under CJP §3-2A-09. When bedsores cause wrongful death, surviving family members may recover funeral and burial expenses, loss of companionship, and compensation for their loved one's pre-death pain and suffering.
Building a Strong Negligence Case
Proving nursing home negligence requires demonstrating that facility failures directly caused your loved one's bedsores. Success depends on gathering comprehensive evidence and often involves expert medical testimony. Information should you collect includes medical records, care plans, staff notes, photographs of wounds, and witness statements to build a strong case for accountability.
Critical evidence strengthening bedsore claims:
- Complete medical records documenting when bedsores first appeared and progression through stages
- Facility care plans showing what prevention measures staff should have implemented
- Actual nursing notes revealing whether staff followed repositioning schedules
- Photographs documenting wound severity at various stages
- Staffing records indicating whether adequate personnel were available
- Facility inspection reports identifying previous violations
The sooner you take action, the easier gathering and preserving this evidence becomes. Memories fade, staff members leave facilities, and documentation may be lost, overwritten, or unavailable over time.
FAQ for Bedsores & Nursing Negligence
Are all bedsores considered nursing home negligence?
No—some pressure ulcers can occur even with proper care. But Stage 3–4 ulcers are red flags. The key question is whether the facility followed evidence-based prevention (regular repositioning, skin checks, adequate nutrition, hygiene). If not, and the sores resulted, negligence may be present.
How long do I have to file a lawsuit for nursing home bedsores in Maryland?
Generally, three years—from when the injury occurred or was discovered. If the bedsore led to death, it’s three years from the date of death. Some cases count as health-care malpractice and require pre-suit filings (e.g., a qualified-expert certificate), so contact an attorney promptly.
What should I do if I discover my loved one has developed bedsores?
If you discover bedsores, get prompt medical evaluation and ensure repositioning/skin care begins immediately. Document dates, photos of the wounds, and staff communications, and request complete facility records (care plans, notes, incident reports). If care doesn’t improve, consider an outside clinician’s assessment or a transfer, and contact a nursing home negligence attorney quickly to preserve evidence and deadlines.
Hold Facilities Accountable for Negligent Care
Your family should not face this difficult situation alone. At Furman Honick Law, we understand the medical complexities of pressure ulcer cases and the devastating impact on families. Our attorneys fight for fair compensation while working to hold facilities accountable for failing vulnerable residents.
If your loved one developed serious bedsores in a Maryland nursing home, call (410) 406-7890 today for a free, confidential consultation. We'll review your situation, explain your legal options, and help you understand the best path forward. You pay nothing unless we recover compensation on your behalf. Time matters in these cases—protect your loved one and preserve your legal rights by taking action now.