Bedsores, also known as pressure ulcers, can cause significant harm to nursing home residents, often leading to severe infections, hospitalization, and, in some cases, death. Victims and their families frequently seek compensation through lawsuits against negligent nursing homes.
Understanding the average nursing home neglect settlement and the nursing home bedsore lawsuit process can help families make informed decisions when pursuing legal action.
Working with an experienced attorney is essential to ensure you receive a fair settlement and effectively handle the unique aspects of New York law.
What Is the Average Settlement for a Nursing Home Neglect?
Many people ask, What is the average settlement for nursing home neglect involving bedsores? There is no true average settlement for a nursing home bedsore lawsuit in New York, as the compensation varies widely depending on the specifics of each case.
Settlement amounts depend on factors such as the severity of the bedsore, the level of negligence, and the extent of long-term damage. These cases tend to result in high compensation because the cost of treating pressure ulcers is substantial.
Bedsore Statistics
Pressure ulcers affect approximately 2.5 million patients each year in the US, costing the healthcare system an estimated $9.1 to $11.6 billion annually. Depending on the severity of the bedsore, the cost of care for an individual patient can range from $20,900 to $151,700 per bedsore.
Medicare estimated in 2007 that each pressure ulcer added an average of $43,180 to a hospital stay. With over 17,000 lawsuits related to pressure ulcers filed each year, they rank as the second most common legal claim against healthcare facilities, surpassed only by wrongful death cases.
Standard of Care
While the settlement specifically for bedsores varies, it is important to note that New York law holds nursing homes to a high standard of care. Many successful cases result in settlements or verdicts in the hundreds of thousands of dollars, especially when the injury involves permanent damage or death.
An experienced attorney can present compelling evidence, including medical records and expert testimony, to prove that the facility’s negligence caused the harm, thus maximizing your settlement potential.
Factors That Impact a Nursing Home Bedsore Lawsuit Settlement
Several factors influence the value of a nursing home bedsore lawsuit settlement.
Severity of the Injury
How much is a bedsore lawsuit worth? The stage of the bedsore is a critical determinant of the value of your case. Bedsores are classified into four stages, with Stage 1 being mild and Stage 4 indicating severe tissue damage and infection. Stage 3 and 4 bedsores often require extensive medical treatment, and the costs add up quickly. When medical costs soar, that results in higher settlement amounts.
Degree of Negligence
Negligence plays a pivotal role in determining the value of a bedsore lawsuit. If it is clear that the nursing home staff failed to provide adequate care or ignored early signs of developing bedsores, the likelihood of a higher settlement increases. Evidence of gross negligence, such as falsified records or understaffing, can also push settlement amounts higher.
Long-Term Impact
If the victim suffers long-term complications, the settlements increase to cover future medical costs and the loss of quality of life.
When properly assessed by a skilled attorney, these factors can significantly impact the settlement negotiations and ensure that you receive a fair compensation package for the suffering endured.
Our Nursing Home Abuse & Neglect Attorneys Can Help
If you have a loved one in a New York nursing home and they’ve experienced mistreatment through neglect or abuse, our dedicated lawyers can get you the compensation needed to care for them.
At the Law Offices of Theodore A. Naima, we take pride in aggressively representing the interests of nursing home residents and their loved ones. We recognize what your family has been through in the aftermath of the abuse or neglect, and we are here to help ensure that your family sees the justice they deserve.
To schedule a free consultation today, call the Law Offices of Theodore A. Naima or connect with us through our secure online contact form.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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